7 results for 'judge:"Gaertner"'.
J. Gaertner finds that the commission improperly made three unemployment overpayment determinations against a waitress who claimed unemployment during the Covid-19 pandemic. The record is unclear when the commission mailed its overpayment determination to the waitress, so her appeals to the administrative tribunal cannot be found untimely. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: March 26, 2024, Case #: ED111479, Categories: Administrative Law
J. Gaertner grants the state's request for a writ of prohibition directing the court not to terminate a probationer's term of probation due to her inability to earn compliance credits because of the nature of her offense. The probationer was convicted of statutory rape, an offense defined as sexual assault, and so was still under a term of probation when the alleged probation violations occurred.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: March 12, 2024, Case #: ED112417, Categories: Probation, Sex Offender
J. Gaertner finds that the lower court improperly denied the construction contractor's motion to compel arbitration of a contract dispute with its concrete supplier. The parties' contract vests exclusive determination of arbitrability with the arbitrator and the Federal Arbitration Act preempts the Missouri Uniform Arbitration Act. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: February 27, 2024, Case #: ED111680, Categories: Arbitration, Construction, Contract
J. Gaertner finds that the lower court improperly found the brother and sister's settlement agreement ambiguous because it did not explicitly say where the cash distribution to the brother equal to one half of the value of their mother's residence was to be made from. The agreement unambiguously provided the cash distribution was to come from the trust, not from the sister personally. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: January 30, 2024, Case #: ED111296, Categories: Settlements, Wills / Probate
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J. Gaertner finds that the lower court properly found for the infertility clinic in a suit stemming from its fertilization of the wife's eggs with semen she provided - which was from her paramour, rather than her husband. The husband had multiple opportunities to realize that the sperm used to create the embryo transferred to a surrogate could not have been his, because it predated the lone sample he provided to the clinic. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: September 26, 2023, Case #: ED111405, Categories: Tort, Emotional Distress
J. Gaertner finds that the lower court improperly dismissed a minor's suit against the mental health center after an employee recognized him as her daughter's former boyfriend, accessed his records, then told her daughter about his treatment, who then repeated his medical information to other kids at school, resulting in his being bullied. The minor's claims are for the breach of duty of confidentiality, which are not related to his medical treatment, and therefore he was not required to file a medical affidavit. Reversed.
Court: Missouri Court Of Appeals, Judge: Gaertner, Filed On: September 26, 2023, Case #: ED111339, Categories: Privacy, Medical Malpractice