The Second Injury Fund was created in 1943 to curb disability discrimination by employers. Instead of employers covering the cost of disability benefits, employees may obtain benefits under Mo. Rev. Stat. § 287.220. Depending on an employee’s condition, an injured worker may be eligible for Permanent Partial Disability (“PPD”) or Permanent Total Disability (“PTD”) benefits under the statute. However, approximately 10 years ago, it underwent significant changes, and the Supreme Court of Missouri applied these changes to a claim for Permanent Total Disability.
Continue readingMissouri Judge Exceeds Authority in Holding Oregon County Clerk in Contempt of Court
In State ex rel. Grooms v. Privette, Betty Grooms petitioned the Supreme Court of Missouri for a writ of mandamus and prohibition to terminate a proceeding against her for contempt of court. The request for relief stems from a court order entered by Judge Steven A. Privette directing Grooms, the elected circuit court clerk, to prepare a spreadsheet of court costs assessed in criminal cases in Oregon County for a set period of time. After multiple unsatisfied attempts to provide the requested information, Privette ordered Grooms to show cause as to why she should not be held in contempt of court. The Supreme Court of Missouri issued a preliminary writ barring Privette from proceeding with the contempt action, which was subsequently made permanent in the instant case.
Continue readingUnreasonable Accommodation or Interpretation: The Eighth Circuit Denies a Landlord Must Accept a Section 8 Voucher Under the Fair Housing Amendments Act
A tenant with a disability that prevented her from working full-time wanted to use a Section 8 voucher to supplement her increasing rental payments. The landlord refused to accept the rental assistance voucher. Following this refusal, the tenant had a victory in a federal trial court in Iowa, which granted an injunction mandating the landlord must accept the voucher as a reasonable accommodation under the FHAA. The Eighth Circuit reversed the trial court’s decision and held that there is no requirement for a landlord to accept a Section 8 voucher as a reasonable accommodation under the FHAA. With this decision, it seems the Eighth Circuit is joining the Second and Seventh Circuit courts in a split with the Ninth Circuit.
Continue readingCar Trouble? Breaking Down Missouri’s Expansion of the Castle Doctrine to Vehicles
A recent Supreme Court of Missouri ruling expanded the Castle Doctrine to vehicles. Yet, the ruling creates questions for Missourians, resulting in a need for legislative action.
Continue readingProperty Over Planet: How the Grain Belt Express Sparked Utility Eminent Domain Reform in Missouri
New Missouri legislation addressing eminent domain for utilities adequately satisfies landowners’ concerns, and the overall benefit to the public good outweighs the detriment to landowners. Yet, further evolution of the regime should be considered.
Continue readingRe-prioritizing Who is Made Whole in Tort Actions: the Injured Party or the State?
Gallardo leaves Missouri’s statutory and regulatory scheme in Medicaid reimbursement vulnerable and subject to change. While Missouri currently explicitly limits the recovery of Medicaid to past medical expenses, lawmakers with similar ideologies to the majority may read the Court’s ruling as a signal to propose new legislation in allowing the State to recover more losses than its due.
Continue readingCapital Punishment for Inaction of Ineffective Post-Conviction Counsel: How Sixth Amendment Protections Could be a Matter of Life or Death
The Sixth Amendment to the U.S. Constitution provides that in all criminal prosecutions the accused enjoys a number of rights, including the right to have the assistance of counsel. The right to counsel is vital to protect other fundamental rights during the criminal justice process such as the fundamental right to a fair trial. In Shinn v. Ramirez, the United States Supreme Court evaluated whether federal courts could hold evidentiary hearings to develop the record because state post-conviction counsel was ineffective and failed to properly develop a record.
Continue readingThe Validity of Anti-Waiver Provisions in Arbitration Agreements in Missouri Post-Morgan v. Sundance, Inc.
In Morgan, the party seeking to compel arbitration initially defended the lawsuit as if there was no arbitration agreement. Almost eight months after the lawsuit was filed, the party moved to compel arbitration under the FAA. The Court of Appeals found that the nonmoving party would not be prejudiced by arbitrating the case and sent the case to arbitration. On appeal, the Supreme Court found that by requiring a showing of prejudice, the Court of Appeals created an arbitration-specific rule, which was contrary to the FAA.
Continue readingMiranda Warnings During Standoffs and the Public Safety Exception
What should have been a normal suppression motion has turned into a holding that has broad implications for defendants during crisis negotiations. The Court in Reuter listed certain factors to analyze in standoff-specific situations that are different from normal Miranda factors. In doing so, the Court nitpicks certain factors to analyze while ignoring others. Moreover, the Court missed an opportunity to apply the public safety exception created in Quarles.
Continue readingConfronting Reality: How Virtual Testimony is Not Inconsistent with the Confrontation Clause
There is no dispute that a criminal trial with every member of the trial present including the judge, defendant, attorneys, and witnesses best serves the interests of fairness and justice. However, what should a trial judge do when a witness is sick or at higher risk of contracting a severe case of COVID-19 and cannot testify in court? Can the Confrontation Clause and the defendant’s rights be satisfied in ways other than having the witness appear in trial in front of the defendant?
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