Articles
Today Seems a Good Day to Thank Mighty Musial
When Stan the Man died on Saturday at the age of 92, it reminded us all of what we truly love about baseball. Hall of Famer Stanley Frank Musial, humble and scandal-free to the end, ground out impressive records day in and day out, just by performing his job. He...
Are Your Company’s Business Records Up-to-Date?
It happened again. The pesky problem of keeping business records up to date with the Missouri Secretary of State's Office resulted in a default judgment of $9.7 million, which mushroomed to over $11 million by the time the successful plaintiff got around to collecting...
A Soft Landing From the Fiscal Cliff; Tax Highlights of the American Taxpayer Relief Act of 2012
In a move to avoid the fiscal cliff, the U.S. Senate, early on the morning of January 1, 2013, overwhelmingly passed a compromise bill, H.R. 8, the American Taxpayer Relief Act of 2012 ("ATRA"), to extend and replace numerous provisions of the Internal Revenue Code,...
End-of-Year Tax Planning—Avoiding a Free-Fall Off the Fiscal Cliff; How to Rappel to a Softer Landing
As 2012 draws to a close, it's important to look at the significant changes that will be made to the Internal Revenue Code ("Tax Code") beginning in 2013, short of an agreement between the White House and Congress. These changes include the expiration of the 2001 and...
Appeals Court Says Nurse Entitled to Jury trial for FMLA Claim
The Eighth Circuit Court of Appeals, which includes Missouri in its jurisdiction, has ruled that a jury could conclude that a nurse satisfied the Family Medical Leave Act's notice requirement by providing notice of her need for medical leave "as soon as was...
Not Letting That Sales Lead Languish
I made an overture to a relative of mine in another state inquiring whether or not they knew someone who might be able to get us some information to access a fund in that state to relocate, or start a new, manufacturing plant in that state. I emailed my relative on...
Think Before You Act: Criminal Activity Affects More Than Just Your Criminal Record
As we know, criminal activity has consequences. What may not be understood is the collateral consequences of criminal activity. Besides the possibility of imprisonment, fine and the tarnish of a conviction, conviction can also jeopardize or derail your trade or...
“But For” Causation Test Improper Under MHRA Cases
In July 2008, Laura Thomas and Adaire Stewart (the “plaintiffs”) were discharged from their employment with McKeever’s Price Chopper (“McKeever’s”). At the time, both plaintiffs were over the age of forty. In August 2009, the plaintiffs filed separate suits against...
Physician Stated Claim for Unilateral Oral Contract
Generally, courts are reluctant to enforce unilateral oral contracts. However, in a recent Missouri Court of Appeals case, the court reversed a motion to dismiss that originally favored the defendant hospital. In Jennings v. SSM Health Care St. Louis, a doctor sued...
Missouri and Federal Law Protect against HIV Discrimination
Currently, both Missouri and Federal law forbid discrimination against individuals with HIV. The text of Section 191.665 of the Missouri Revised Statutes states that the Missouri Human Rights Act “shall apply to individuals with HIV infection.” Included in the...
Illinois Wage Payment and Collection Act Requires Payment of Agreed-Upon Bonus to Departing Executive
The Illinois Wage Payment and Collection Act states that when the employment of an employee ends, the employer is required to pay all final compensation, including earned bonus owed pursuant to an employment contract or agreement between the two parties. In the case...
Non-Compete Law Takes Shape After Illinois Supreme Court Decision
In 2011, the Illinois Supreme Court issued an important decision about non-compete provisions in an employment agreement. The Illinois high court politely told the other appellate judges in Illinois that for the last 30 years, their court decisions had veered...