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Employment: Race Discrimination-Punitive Damages-“Me Too” Evidence
(1)Where defendant employer argued that a trial court erred when it refused to cap the $7.2 million punitive damages award in a race-discrimination case, the court did not err in refusing to apply the cap because that would be an unconstitutional retrospective application of laws, and the court also did not abuse its discretion when […]
Employment: Race Discrimination-Federal Question Jurisdiction-Preemption
Where a ground freight employee sued his former employer for race discrimination, and the district court found that the suit invoked federal question jurisdiction under the Labor Management Relations Act, the court properly found that complete preemption under the LMRA supplied federal question jurisdiction, so the judgment is affirmed. Judgment is affirmed. Johnson v. Humphreys […]
Employment: Race Discrimination-Lack of Official Liability-Municipal Liability
Defendant appealed from the jury verdict entered against it in favor of plaintiff in his race-discrimination claim. Plaintiff was hired by defendant as the city collector; the mayor ultimately terminated plaintiff for “unsatisfactory work performance.” On appeal, defendant argued that once the jury judged the mayor not liable, there was no basis to find defendant […]
Employment: Unlawful Termination-Race Discrimination-Burden-Shifting Framework
Plaintiff, an African American, alleged that defendant fired him because of his race. The district court granted summary judgment to defendant, finding that defendant had articulated a legitimate, non-discriminatory reason for plaintiff’s termination. Where plaintiff had failed to identify any co-workers who were similarly situated to plaintiff, plaintiff could not demonstrate pretext in defenda[...]
Employment Law: Right-To-Sue Letter-Race Discrimination-Second Charge
Where an employer challenged the state’s acceptance of a second charge of discrimination from a former employee, the judgment is affirmed because the second charge did not relate to the same practice or act described in the first charge, and the Missouri Commission on Human Rights acted within its statutory authority by issuing a right-to-sue […]
Employment Law: Race Discrimination-Failure to Hire-Qualifications for Position
Plaintiff filed suit against the Department of the Army, alleging race discrimination in its failure to hire him to a temporary or permanent position as a chemical-equipment repairer. The district court granted the Secretary of the Army summary judgment over plaintiff’s argument that the fact that he was more qualified than some of the white […]
Employment Law: Race Discrimination-Failure to Promote
Where plaintiff brought a race-discrimination action based on a failure to promote against her employer, summary judgment for the defendant is affirmed because the defendant articulated a legitimate, non-discriminatory reason for selecting another candidate, and the plaintiff did not show that the reason was a pretext for discrimination. Judgment is affirmed. Nelson v. USAble […]
Employment Law: Race Discrimination-Expert Witness-Attorneys’ Fees
Where a city challenged a judgment against it in a race-discrimination case brought against it by a former employee, the trial court did not err in denying the city’s motion for a directed verdict on the claim that the plaintiff’s administrative complaint was not timely filed and in the admission and exclusion of certain expert […]
Employer – Employee: Race Discrimination-MHRA Amendment-Contributing Factor
Where a white woman employed as a retail sales consultant claimed she was discriminated against by her African American supervisors, the trial court erred in applying the 2017 amendments to the Missouri Human Rights Act retroactively to her claims since they accrued prior to the effective date of the amendments, so the contributing factor standard […]
Employer-Employee : Race Discrimination – Disparate Impact – Discovery
Williams v. Wells Fargo Bank (MLW No. 72082/Case No. 16-4372 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Employer – Employee : Race Discrimination – Admission Of Evidence – Business Records Exception
Parker v. Arkansas Department of Corrections (MLW No. 71619/Case No. 17-1380 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Employer – Employee :Race Discrimination – Retaliation
Bunch v. University of Arkansas Board of Trustees (MLW No. 70793/Case No. 16-2538 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)
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
- 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
- Legal Limelight: Bill Bay, Partner, Thompson Coburn, St. Louis
