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The “Cole Limitation” – Missouri Aligns with the Seventh Circuit on State-Law Safety Rules and Contributory Negligence under FELA 1. Introduction Christopher Cole, a brakeman for The Kansas City...
“Biological Sex” as the Sole Protected Characteristic in MHRA Public-Accommodation Claims – A Commentary on R.M.A. v. Blue Springs R-IV School District, Supreme Court of Missouri, en banc (10 June...
MHRA § 213.065 “Sex” in Public Accommodations Means Biological Sex, Not Gender Identity (and Bostock Does Not Control Bathrooms/Locker Rooms) Case: R.M.A. vs. Blue Springs R-IV School District (Mo....
FELA Contributory Negligence Survives State Close-Clearance “Negligence Per Se” Unless the State Rule Implements Federal Safety Norms; Post-Judgment Interest Cannot Be Added After Final Judgment...
Defining Qualifying Preexisting Disabilities and Eliminating Load Factors in PTD Claims Under RSMo § 287.220.3 Introduction This commentary examines the Supreme Court of Missouri’s en banc decision...
Second Injury Fund PTD: Preexisting Occupational Diseases Are Not “Compensable Injuries” Under § 287.220.3(2)(a)a(ii) Introduction Treasurer v. Penney (Mo. banc Apr. 29, 2025) addresses a recurring...
Strict Construction Excludes Occupational Diseases from Preexisting Disabilities under Section 287.220.3(2)(a)(ii) Introduction In Treasurer of the State of Missouri – Custodian of the Second Injury...
Reaffirming Original Jurisdiction and the “Cast Doubt” Standard in Post-Election Ballot Title Challenges Introduction Raymond McCarty and three fellow registered Missouri voters (“Contestants”) filed...
Excess Sentence Is Not a Jurisdictional Defect: Exclusivity of Rule 24.035 in Post-Conviction Relief Introduction In In re Robert J. Branson v. Michael Shewmaker, Warden (Missouri Supreme Court,...
Post‑Election Ballot‑Title Contests: A Chapter 116 Defect Must Also “Cast Doubt” Under Section 115.593; Single‑Subject/Clear‑Title Attacks Lie Outside the Missouri Supreme Court’s Original...
Rule 74.06(b)(5) Relief Requires Equitable Change Beyond Doctrinal Shifts—and an Unvacated Declaration of Unconstitutionality Blocks Enforcement 1. Introduction City of Normandy v. Kehoe (Supreme...
Equitable Limits of Rule 74.06(b)(5): Change in Law Not Sole Basis for Relief Introduction In City of Normandy v. Mike Kehoe (Mo. banc, Apr. 15, 2025), the Supreme Court of Missouri clarified the...
State v. Thompson: Dilatory Failure to Obtain Counsel Forfeits Right-to-Counsel Claim at Preliminary Hearing; Trial Courts May Cure Inconsistent Verdicts Before Jury Discharge Introduction In State...
The State’s Statutory Right to Appeal Civil Collateral Attacks Under Section 547.031 Affirmed Introduction This case arises from a novel post-conviction procedure codified at Missouri Revised...
Implied Waiver of Sixth Amendment Counsel Through Unreasonable Delay and Court’s Authority to Rectify Inconsistent Jury Verdicts Introduction In State of Missouri v. David Thompson, the Supreme Court...
Missouri Recognizes the State’s Right to Appeal § 547.031 Vacatur Judgments Under § 512.020(5) Case: In re: Circuit Attorney, 22nd Judicial Circuit ex rel. Dunn (No. SC100878) Court: Supreme Court of...
State v. Tate: Sufficiency Review Includes All Admitted Evidence, Even If Unpublished to the Jury Introduction In State v. Tate (Mo. banc Apr. 1, 2025), the Supreme Court of Missouri affirmed...
Masters v. Dawson: Missouri Requires Explicit Preservation of the Jury-Trial Right in Post-Trial Motions; Piecemeal Incorporation Is Insufficient 1. Introduction Masters v. Dawson (Supreme Court of...