Opinion handed down August 31, 2010
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri affirmed the trial court’s finding that a class arbitration waiver was substantively unconscionable but reversed the judgment allowing the action to proceed to arbitration. The court ruled that the only appropriate remedy was to strike the entire arbitration agreement.
Tuesday, August 31, 2010
Peoples Bank v. Frazee[1]
Opinion handed down August 31, 2010
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri reviewed an action to register a foreign default judgment against the guarantor of a loan. The guarantor filed a limited appearance in order to quash the foreign judgment for a lack of personal jurisdiction. The court held that the guarantor had sufficient minimum contacts for the foreign state to properly exercise personal jurisdiction over the defendant.
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri reviewed an action to register a foreign default judgment against the guarantor of a loan. The guarantor filed a limited appearance in order to quash the foreign judgment for a lack of personal jurisdiction. The court held that the guarantor had sufficient minimum contacts for the foreign state to properly exercise personal jurisdiction over the defendant.
Brinker Missouri, Inc. v. Dir. of Revenue[1]
Opinion handed down August 31, 2010
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri examined a restaurant corporation’s claim that the purchases of kitchen equipment, non-disposable tableware, furniture and other items are exempt from Missouri’s use tax. The court interpreted the use tax narrowly, holding that restaurants are not entitled to the “production exemption” because they do not qualify as “plants” and that restaurant food service is not the same as manufacturing a product. Additionally, the court held that restaurants are not entitled to the “sale exclusion” because cutlery, furniture, and other items are not permanently transferred to customers and customers are not charged additional consideration for their temporary use.
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri examined a restaurant corporation’s claim that the purchases of kitchen equipment, non-disposable tableware, furniture and other items are exempt from Missouri’s use tax. The court interpreted the use tax narrowly, holding that restaurants are not entitled to the “production exemption” because they do not qualify as “plants” and that restaurant food service is not the same as manufacturing a product. Additionally, the court held that restaurants are not entitled to the “sale exclusion” because cutlery, furniture, and other items are not permanently transferred to customers and customers are not charged additional consideration for their temporary use.
State ex rel. Bobbie Jean Proctor and Vincent Proctor v. Honorable Edith L. Messina[1]
Opinion handed down August 31, 2010.
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri held that the Health Insurance Portability and Accountability Act of 1996 (HIPAA)’s general rule that ex parte communications with a litigant patient’s physician are prohibited did not preempt Missouri law because prior Missouri case law never created a right for attorneys to engage in voluntary and informal ex parte communication with a plaintiff’s physician. Rather, Missouri case law only confirmed that, prior to HIPAA, there was no state or federal law that prohibited such informal communications with a plaintiff’s physician. Furthermore, the court held that HIPAA’s regulation allowing disclosure of a patient’s protected health information in the course of “judicial proceedings” does not apply to an informal meeting for ex parte communications. Therefore, the trial court erred in issuing an order advising a plaintiff’s non-party treating physicians that they may or may not participate in informal discovery using ex parte communications because the ex parte meeting is not considered a “judicial proceeding.”
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri held that the Health Insurance Portability and Accountability Act of 1996 (HIPAA)’s general rule that ex parte communications with a litigant patient’s physician are prohibited did not preempt Missouri law because prior Missouri case law never created a right for attorneys to engage in voluntary and informal ex parte communication with a plaintiff’s physician. Rather, Missouri case law only confirmed that, prior to HIPAA, there was no state or federal law that prohibited such informal communications with a plaintiff’s physician. Furthermore, the court held that HIPAA’s regulation allowing disclosure of a patient’s protected health information in the course of “judicial proceedings” does not apply to an informal meeting for ex parte communications. Therefore, the trial court erred in issuing an order advising a plaintiff’s non-party treating physicians that they may or may not participate in informal discovery using ex parte communications because the ex parte meeting is not considered a “judicial proceeding.”
Ruhl v. Lee’s Summit Honda[1]
Opinion issued August 31, 2010
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri held (1) an agreement to arbitrate disputes regarding the purchase of a vehicle requires arbitration of a claim that a dealer unlawfully charged a fee to prepare legal documents to finance vehicles; and (2) the trial court did not err in declaring a class arbitration waiver unconscionable when a single plaintiff’s recovery would total approximately $800. In sum, the court determined that the claim was within the scope of the arbitration agreement; however, the agreement’s class action waiver was unconscionable and could not be severed from the arbitration agreement.
Link to Mo. Sup. Ct. Opinion
The Supreme Court of Missouri held (1) an agreement to arbitrate disputes regarding the purchase of a vehicle requires arbitration of a claim that a dealer unlawfully charged a fee to prepare legal documents to finance vehicles; and (2) the trial court did not err in declaring a class arbitration waiver unconscionable when a single plaintiff’s recovery would total approximately $800. In sum, the court determined that the claim was within the scope of the arbitration agreement; however, the agreement’s class action waiver was unconscionable and could not be severed from the arbitration agreement.
Monday, August 30, 2010
Watson v. CEVA Logistics U.S., Inc.[1]
Opinion handed down August 30, 2010
Link to Eighth Circuit Opinion
The Eighth Circuit Court of Appeals overturned a ruling by the United States District Court for the Western District of Missouri granting summary judgment in favor of an employer accused of maintaining a racially hostile work environment. In holding that summary judgment was improper, the Eighth Circuit found genuine issues of material fact as to whether the plaintiffs were subjected to a racially hostile work environment and whether the employer appropriately handled the incidents of harassment.
Link to Eighth Circuit Opinion
The Eighth Circuit Court of Appeals overturned a ruling by the United States District Court for the Western District of Missouri granting summary judgment in favor of an employer accused of maintaining a racially hostile work environment. In holding that summary judgment was improper, the Eighth Circuit found genuine issues of material fact as to whether the plaintiffs were subjected to a racially hostile work environment and whether the employer appropriately handled the incidents of harassment.
Subscribe to:
Posts (Atom)