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Civil Practice: Class Actions-Certification
Where railroad employees moved to certify a class action for a claim challenging the railroad’s fitness-for-duty policy under the Americans with Disabilities Act, the individualized inquiries could not be addressed in a manner consistent with Rule 23, so the predominance and cohesiveness requirements of the rule were violated, and the district court abused its discretion […]
Civil Practice: Class Action-Certification-Deceptive Advertising
Where a vacuum manufacturer challenged an order certifying a nationwide class of plaintiffs in a case involving allegedly deceptive advertising practices and concluding that Missouri law applied to all claims, the only action that took place in Missouri was the design of the advertisement, so the consumer protection laws of each class member’s home state […]
Administrative: Child-Support Arrearage-Certification-Educational Expenses
Where a father appealed a determination by the state’s Family Support Division that affirmed the division’s certification to the U.S. Department of State that the father owed an arrearage of child support in an amount that exceeded $2,500, the judgment is affirmed because a court-ordered obligation to pay post-secondary educational expenses is a child-support obligation, […]
Civil Practice: Class Action-Certification
Where a named plaintiff in a class action alleging the underpayment of gas royalties sought a new trial, arguing that the district court should have excluded the relevant royalty statements, the statements were relevant because they helped jurors to determine whether costs were reasonable, and the judgment is affirmed on the remaining evidentiary challenges, and […]
Elections: Initiative Petition- Certification- Signatures in Support
Plaintiff appealed the dismissal of his petition to compel the Missouri Secretary of State to decertify a medical marijuana-initiative petition, arguing that signatures in support were not properly collected, alleging “thousands of individuals…signed [the petition] while not in the presence of the circulator” and that “circulators did not actually sign the affidavits in the presence [&hell[...]
Elections: Initiative Petition -Medical Marijuana – Certification
Where the secretary of state was not permitted to look behind a circulator’s affidavit to determine veracity, plaintiff failed to state a claim to decertify medical marijuana initiative petition based on secretary of state’s improper certification of signatures in support. Judgment is affirmed. Bradshaw v. Ashcroft (MLW No. 72136/Case No WD82075 – 24 pages) (Missouri […]
Civil Practice : Class Action – Certification – Motion To Intervene
Colella’s Super Market, Inc. v. SuperValu, Inc. (MLW No. 70244/Case No. 15-3089 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)
Civil Practice : Class Action – Certification – Unsolicited Fax
Sandusky Wellness Center, LLC v. Medtox Scientific, Inc. (MLW No. 69134/Case No. 15-1317 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
Criminal Law : Breath Alcohol Test – Certification – Foundation
State v. Pickering (MLW No. 68457/Case No. WD77930 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.)
Civil Practice: Class Action – Certification – Document Preparation
State ex rel. Robert McKeage, et al. v. Cordonnier (MLW No. 63188/Case No. SC91658 – 7 pages) (Supreme Court of Missouri, Draper III; all concur)
Civil Practice: Class Action – Certification – Warranty Claims
Hope, et al. v. Nissan North America, Inc. (MLW No. 62760/Case No. WD73299 – 36 pages) (Missouri Court of Appeals, Western District, Smart, J.)
Judge certifies class action against battery maker
A federal judge in Kansas City has conditionally certified a class action lawsuit against four nationwide branches of a battery manufacturing company. The lawsuit, filed in February, claims employees for EnerSys aren’t paid for the time they spend putting on and taking off their protective clothing. The lawsuit includes workers at facilities in Warrensburg; Hays, […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
