Articles
MAI 31.24 Applies Exclusive of Federal Authority for MHRA Employment Discrimination Claims
The Missouri Court of Appeals recently affirmed a trial court’s refusal to give four non-MAI jury instructions in a MHRA employment discrimination case. McCullough v. Commerce Bank, WD71625, 2011 WL 3106914 (Mo. App. W.D. July 26, 2011). The issue on appeal was...
Calls to Employee on FMLA Leave Lead to Claim for Emotional Distress
A U.S. federal judge has allowed a claim for emotional distress brought by a community college employee who received numerous calls from her supervisors while on FMLA leave for cancer-related surgery. During her FMLA leave, the employee alleged that she received many...
High Court Holds that Oral Complaints Fall Within the Anti-Retaliation Protections of the FLSA
The United States Supreme Court recently ruled in Kasten v. Saint-Gobain Performance Plastics Corp. that an employer’s termination of an employee in response to an oral complaint about working conditions does subject the employer to potential liability for violation...
Equal Employment Opportunity Commission Issues Final Regulations under the Amendments to the Americans with Disabilities Act
In 2008, the United canadian healthcare States Congress enacted amendments to the Americans with Disabilities Act of 1990 (“ADA”). In March 2011, the Equal Employment Opportunity Commission (“EEOC”), which is charged with writing and adopting regulations, promulgated...
Homeowner Associations and Restrictive Covenants
With 100 degree temperatures hitting many parts of the Midwest, residents across the nation are visiting their local subdivision or condominium pool to stay cool. While subdivision and condominium pools are great to have, they typically are managed by a group of...
The Best in Business: Weiss & Associates Honored with “Best Law Firm” Award
Weiss Attorneys at Law has been named one of the "Best Law Firms" by the St. Louis Small Business Monthly (SBM). The award is part of SBM's "Best in Business" category. St. Louis Small Business Monthly awards local entrepreneurs and businesses inside nine different...
General Knowledge of the Existence of an Arbitration Agreement is Insufficient to Constitute Unequivocal Acceptance
Arbitration is a matter of contract, and an arbitration agreement is only enforceable so long as the agreement exhibits the essential elements of a valid contract. Kunzie v. Jack-In-The-Box, Inc., 330 S.W.3d 476, 480-81 (Mo. App. E.D. 2010). Missouri courts are...
Missouri Improves as a Place to do Business
CNBC just posted a ranking of states for doing business in 2011. Missouri inched up one spot to the No. 16 spot for 2011. The primary factor in the ranking was the cost of doing business, where we ranked 3rd in the nation. Other single digit rankings included cost...
Missouri Court of Appeals Holds that Supreme Court Rule 81.07 does not Apply to Special Statutory Proceedings
On March 22, 2011, the Missouri Court of Appeals decided Williams v. Labarge Products, Inc., et al., holding that the filing of a late notice of appeal is not allowed in special statutory proceedings such as unemployment claims. In Williams, the Claimant, Leslie...
Missouri Supreme Court Ruling Clarifies Property Tax Sales Requirements
Benjamin Franklin once said, "There is nothing certain except death and taxes." As the economy has declined, so has the ability of individuals to pay their real estate taxes. If an individual fails to pay their Missouri real property taxes for three consecutive years,...
Terminating the Lease or Giving Concessions to the Commercial Tenant
As tough economic times continue, landlords have begun to feel the pain of many of their tenants. The landlord’s struggle to replace tenants is much more difficult in today’s market, and causes many landlords to get creative with tenant retention. When the landlord...
When is a receipt not a receipt?
It turns out, not all receipts are created (or printed) equally. The Ninth Circuit Federal Court of Appeals recently joined the Seventh Circuit in holding that e-mailed receipts are not “electronically printed receipts” under the Fair and Accurate Credit Transactions...