Cox v. Kansas City Chiefs Football Club, Inc.

Opinion issued September 22, 2015

Link to the Supreme Court of Missouri Opinion

        In October 2010, Steven Cox, a sixty-two-year-old maintenance manager with the Kansas City Chiefs, was terminated from employment.^[1]  Mr. Cox believed the termination was related to his age and filed a claim of discrimination with the Missouri Commission on Human Rights (“MCHR”), which subsequently issued Mr. Cox a right to sue letter.^[2]  Mr. Cox brought suit, and at trial, the jury returned a verdict in favor of the Chiefs.^[3]  On appeal, Mr. Cox argued the trial court abused its discretion by denying discovery requests and excluding evidence related to similarly-situated former Kansas City Chiefs’ employees (“me too” evidence).^[4]  The Supreme Court of Missouri held that “me too” evidence was relevant and the trial court abused its discretion by excluding the admission of “me too” evidence.^[5] 

Bate v. Greenwich Ins. Co.

Opinion handed down June 16, 2015

Link to the Supreme Court of Missouri Opinion

Ray Charles Bate and Deborah Bate were both majorly injured in a car accident.^[2]  The Bates sued Greenwich Insurance Company (“Greenwich”), an authorized foreign insurance company under Missouri law.^[3]  The Director of Missouri Department of Insurance (“Director”) was designated as Greenwich’s registered agent for acceptance of service of process within the state.^[4]  The Director was served, and the Director forwarded the paperwork to Greenwich via first-class mail.^[5]  Greenwich did not respond to the suit, and default judgment was entered in favor of the Bates.^[6]  Over two years later, Greenwich made a limited appearance and filed an amended motion to set aside the default judgment as void.^[7]  The trial court agreed with Greenwich and set aside the default judgment as void^[8]  The Supreme Court of Missouri reversed the trial court’s finding, holding the service was proper under Missouri law.^[9]

Golan v. Veritas Entm’t, LLC

Opinion handed down June 8, 2015

Link to the Eighth Circuit Court of Appeals Opinion

Ron and Dorit Golan, of Chesterfield, Missouri, received two recorded messages on their home voicemail in September of 2012.^[1]  The messages were identical, stating: “Liberty. This is a public survey call.  We may call back later.”^[2]  The Golans considered these messages to constitute a telemarketing scheme promoting a film called “Last Ounce of Courage.”^[3]  Such a campaign was alleged to stand in violation of the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, as well as the Missouri Do Not Call Law, Missouri Revised Statutes Section 407.1098.^[4]  The Golans filed a putative class action in the U.S. District Court for the Eastern District of Missouri.^[5]  The district court dismissed the suit with prejudice, stating that the Golans lacked standing and, further, were inadequate class representatives.^[6]  The Golans appealed, which is the subject discussed herein.^[7]

Minden v. Atain Specialty Ins. Co.

Opinion handed down May 26, 2015

Link to the Eighth Circuit Court of Appeals Opinion

After leaving a friend's party at a bar, Daniel Minden (“Daniel”) was knocked airborne and run over by a vehicle driven by Curtis Lammert and later died from those injuries.^[1]  His children (“Minden”) brought claims against the bar.  Atain Specialty Insurance Co. (“Atain”), the bar's insurer, failed to participate in the mediation between the Mindens and the bar, which ultimately resulted in a settlement and consent judgment and an assignment of claims against Atain from the bar to the Mindens.^[2]  The Mindens brought suit against Atain in federal district court and on motions for summary judgment, succeeded on their equitable garnishment claim, but their vexatious refusal claim was rejected.^[3]  On appeal, the U.S. Court of Appeals for the Eighth Circuit affirmed the trial court’s judgment in a decision focusing heavily on the interpretation of the insurance policy between the bar and Atain.^[4]

State v. Amick

Opinion handed down June 16, 2015

Link to the Supreme Court of Missouri Opinion 

Michael Amick appealed a judgment of conviction for second-degree murder and second-degree arson.^[1]  The Supreme Court of Missouri reversed the judgment and remanded the case, holding the trial court violated Missouri Revised Statutes Section 494.485 by substituting a discharged alternate juror after the jury already began its deliberations.^[2]

Banks v. Slay

Opinion handed down June 19, 2015

Link to the Eighth Circuit Court of Appeals Opinion

        Banks v. Slay^[1] presents a case that may bring back haunting memories of one’s first-year civil procedure class.  The fact pattern in Banks presents a law-exam-worthy catch-all complete with default judgments, writs of mandamus, declaratory judgments, and questions of federal subject matter jurisdiction.  All of these issues presented under the guise of police misconduct make for an interesting and noteworthy decision by the U.S. Court of Appeals for the Eighth Circuit.