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Domestic Relations: Parental Rights-Termination
Where a father challenged the termination of his parental rights to six minor children, the trial court’s finding that termination was in the best interests of the children was not an abuse of discretion. Judgment is affirmed. Greene County Juvenile Office v. C.D.O. Jr. (MLW No. 74934/Case No. SD36389 – 6 pages) (Missouri Court of […]
Domestic Relations: Parental Rights-Termination-Sexual Abuse
Where a mother challenged the termination of her parental rights, the judgment is affirmed because the conditions that caused the child to come under court jurisdiction continued because the mother refused to move out of the home of the child’s father despite allegations that the father sexually abused the child’s older sister. Judgment is affirmed. […]
Domestic Relations: Parental Rights-Termination-Failure to Rectify
Where a father challenged the termination of his parental rights, his challenge to the factual finding supporting the failure-to-rectify ground had no merit, so the judgment is affirmed. Judgment is affirmed. In the Interest of: S.S. v. J.R.W.S. (MLW No. 74723/Case No. SD36180 – 11 pages) (Missouri Court of Appeals, Southern District, Lynch, J.) Appealed […]
Administrative: Termination-Authority-Unauthorized Law
Where an employee terminated by a government agency challenged the decision of the Administrative Hearing Commission that found that the human resources director had the authority to fire him, the HR director did not have the authority to terminate the employee, but the termination occurred by the actions of the agency’s director, so the AHC […]
Civil Rights: Termination-Retaliation for First Amendment Exercise-Qualified Immunity
Plaintiff filed suit against defendants, alleging they terminated him without due process and in retaliation for the exercise of his free-speech rights; plaintiff also asserted a state-law, wrongful-termination claim. The district court denied defendants’ motion for summary judgment on qualified immunity grounds. Where plaintiff’s safety complaints concerning his police vehicle were not protec[...]
Employment Law: Termination-Discrimination-McDonnell Douglas Test
Plaintiff sued defendant, her employer, for employment discrimination following her termination, after defendant laid off plaintiff pursuant to a company restructuring. The district court granted summary judgment to defendant, after denying plaintiff’s motion to strike an email attached to defendant’s motion for defendant’s failure to produce it during discovery. Where plaintiff failed to pr[...]
Domestic Relations: Parental Rights-Termination-Abandonment
Where a father, who challenged the termination of his parental rights, failed to maintain adequate communication with his child for more than two years while he was in prison and failed to provide even minimal support, the trial court did not err in finding that the father abandoned the child, so the termination of parental […]
Employment Law: FMLA-Termination
Where a surgical technician sued her former employer for allegedly interfering with her rights under the Family and Medical Leave Act, summary judgment for the defendant was proper because the plaintiff’s evidence did not undermine or raise a genuine issue of material fact regarding the defendant’s legitimate, non-discriminatory reasons for her termination. Judgment is affirmed. […]
Domestic Relations: Parental Rights-Termination-Defective Brief
Where a father challenged the termination of his parental rights, the father’s six points on appeal preserved nothing for review, so the appeal must be dismissed. Appeal is dismissed. In the Interest of: R.J.M. v. Department of Social Services (MLW No.72983/Case No. SD35714 – 9 pages) (Missouri Court of Appeals, Southern District, Francis, Jr., […]
Domestic Relations: Parental Rights-Termination
Where substantial evidence supported the trial court’s conclusion that a father neglected his children and committed severe emotional abuse by killing their mother while they were in the home, the court did not abuse its discretion in terminating the father’s parental rights. Judgment is affirmed. In the Interest of: J.A.F. v. J.A.F. (MLW No. […]
Administrative: ERISA-Long-Term Disability Benefits-Termination
Where plaintiff challenged the finding that an insurer did not abuse its discretion when it terminated his long-term disability benefits, the judgment is affirmed because even though the plaintiff presented some evidence of disability from his medical providers, the insurer had evidence that the plaintiff was deliberately exaggerating his symptoms, so the plaintiff failed […]
Domestic Relations: Parental Rights-Termination-Changed Circumstances
Where a mother challenged the termination of her parental rights, the trial court failed to make explicit findings regarding future harm to the children, and the judgment is reversed and remanded because the court also failed to consider the mother’s changed circumstances for housing, relationships and her completion of parenting and domestic-violence programs. Judgment is […]
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
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