Stahl v. Hank’s Cheesecakes, LLC

Opinion handed down May 10, 2016

 The link to the Missouri Court of Appeals, Eastern District Opinion

            Hank’s Cheesecakes appeals from the Labor and Industrial Relations Commission’s (“Commission”) decision granting unemployment benefits to its terminated employee, Robin Stahl.[1]  Stahl was terminated from her position following an incident in which she slapped the buttocks of a co-worker for making an insensitive comment in front of her and another co-worker. [2]  The Commission found that this conduct did not rise to the level of misconduct that disqualified her from receiving unemployment benefits. [3] On appeal, and as a matter of first impression as to whether striking an employee automatically constitutes misconduct, the Missouri Court of Appeals for the Eastern District affirmed.[4]

Nevils v. Group Health Plan, Inc.

Opinion handed down May 3, 2016

The link to the Supreme Court of Missouri Opinion

In Nevils v. Group Health Plan, Inc., the Supreme Court of Missouri held for the second time in two years that § 8902(m)(1) of the Federal Employee Health Benefits Act (“FEHBA”) does “not preempt Missouri law prohibiting subrogation of personal injury claims.”[1]  After the court found no preemption in 2014, the Office of Personnel Management (“OPM”) promulgated a regulation providing that FEHBA does preempt state subrogation law, and the Supreme Court of the United States vacated Nevils and remanded the case to the Supreme Court of Missouri for reconsideration in light of the new regulation.[2]  On remand, the court gave minimal deference to the OPM’s guidance, holding that the new regulation did not alter its original conclusion that FEHBA does not preempt Missouri law prohibiting subrogation of personal injury claims.[3]