In a plurality opinion of three judges, the
Supreme Court of Missouri declined to issue a writ of mandamus.[1] In this case the circuit court refused to
dismiss a driving while intoxicated charge when the defendant’s blood alcohol concentration
(“BAC”) was below .08% and no evidence was presented that the defendant was
intoxicated.[2] Judge Patricia Breckenridge issued a concurring
opinion and Chief Justice Zel M. Fisher issued a dissenting opinion, which was
joined by Judges George W. Draper III and Laura Denvir Stith.[3]
Monday, April 29, 2019
Lampley v. Missouri Commission on Human Rights
In 2014, two State of Missouri employees filed related
charges of discrimination and retaliation against their employer.[1] The charges, filed with the Missouri
Commission on Human Rights (“Commission”), alleged discrimination based on sex
under the Missouri Human Rights Act (“Act”).[2] The Commission determined the discrimination
complaints were based on sexual orientation, which is not a protected group
within the Act and administratively closed the matter.[3] The closure of the complaint denied the
plaintiffs right-to-sue letters, and so they asked the circuit court to force
the Commission to issue such letters.[4] The circuit court entered summary judgment in
favor of the Commission, which was then appealed to the Supreme Court of
Missouri.[5] The Supreme Court of Missouri ruled in favor
of the employees and held that the discrimination alleged was not based on
sexual orientation but rather sex stereotyping, which does fall under the
category of sex in the Act, and that the Commission should be compelled to
issue right-to-sue letters.[6]
Tuesday, April 16, 2019
R.M.A. v. Blue Springs R-IV School District
I. Introduction
R.M.A.,
a transgender student attending high school in the Blue Springs R-IV School
District (“School District”), brought a discrimination lawsuit against the
School District and the Blue Springs School District Board of Education
(“School Board”) alleging both entities unlawfully discriminated against him on
the basis of his sex in violation of the Missouri Human Rights Act (“MHRA”).[1] After filing his lawsuit, the School District
and School Board (collectively, “Defendants”) filed a motion to dismiss for failure
to state a claim, which the circuit court sustained “without explanation.”[2] R.M.A. appealed.[3] The Supreme Court of Missouri reversed the
circuit court’s entry of judgment against R.M.A., holding that the facts set
forth in his petition, if taken as true, establish a claim for sex
discrimination under the MHRA.[4]
Monday, April 1, 2019
State ex rel. Cullen v. Harrell
In a 4-3 decision, the Supreme Court of Missouri
decided whether a motion to compel the production of documents was properly
granted after a trial court entered a final judgment in a dissolution action.[1] The court held that a trial court may grant a
motion to compel when it does so to effectuate the terms of its prior judgment.[2]
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