221 results for 'court:"Missouri Court Of Appeals"'.
J. Dowd finds that the lower court properly found for the hotel in an employment disability discrimination suit filed by a former security guard. The guard failed to show that he had been diagnosed with depression or anxiety before he abruptly left his job and checked himself into a psychiatric unit. His employer had to be aware of his disability beforehand to qualify for ADA protection. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: June 6, 2023, Case #: ED110737, Categories: Ada / Rehabilitation Act
J. Hardin-Tammons finds that the lower court improperly vacated default judgment in a contract dispute over the defendant health care center's cancellation of a contract for counseling services. The health care center presented evidence that the counseling service provider agreed not to seek a default judgment while the parties negotiated. Vacated.
Court: Missouri Court Of Appeals, Judge: Hardin-Tammons, Filed On: June 6, 2023, Case #: ED110968, Categories: Health Care, Contract
[Consolidated.] J. Gooch finds that the lower court properly terminated the mother's parental rights. The mother now claims she was not provided with requested auxiliary interpretation aides, but it was her decision not to appear in court at the scheduled hearing and her counsel did not object to the court's finding that the mother waived her right to receive the help of a qualified interpreter. Affirmed.
Court: Missouri Court Of Appeals, Judge: Gooch, Filed On: June 6, 2023, Case #: SD37863, Categories: Family Law
J. Dowd finds that the commission properly disqualified the applicant from receiving unemployment benefits, finding that she was terminated for misconduct. The applicant was fired for repeatedly failing to abide by company policy regarding vacation requests and for her hostility and disrespect toward supervisors and others. Affirmed.
Court: Missouri Court Of Appeals, Judge: Dowd, Filed On: June 6, 2023, Case #: ED111031, Categories: Employment
J. Sheffield finds that the lower court properly found the school janitor guilty of repeatedly masturbating in the school bathroom in front of children. The evidence strongly supports a finding that the janitor knowingly exposed his genitals in front of children, and he admitted it was not unusual for him to masturbate at the school. Affirmed.
Court: Missouri Court Of Appeals, Judge: Sheffield, Filed On: May 30, 2023, Case #: SD37598, Categories: Sex Offender
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J. Ahuja finds that the commission properly awarded the police officer workers compensation benefits after finding he suffered a 10% partial disability as a result of his PTSD after seeing another officer fatally shot. The officer adequately showed that his work-related stress causing his PTSD was "extraordinary and unusual." Affirmed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: May 30, 2023, Case #: WD85780, Categories: Workers' Compensation
J. Page finds that the lower court improperly granted the injured driver a new trial after a jury found in her favor, awarding her $85,000. The court did not err by not declaring a mistrial sua sponte after defense counsel made inappropriate comments, and there is no evidence she suffered prejudice from the comments. Reversed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: May 30, 2023, Case #: ED110937, Categories: Civil Procedure, Tort
J. Hess finds that the lower court properly dismissed the raw ingredient supplier's suit alleging the defendant company threatened its customers with legal action over their use of the supplier's "NitroRocket," a specially engineered extract of arugula designed for sports nutrition, which allegedly infringed on the defendant's rights. There is no evidence that the alleged conduct was committed in or had significant links to Missouri, so the suit was correctly dismissed for lack of jurisdiction. Affirmed.
Court: Missouri Court Of Appeals, Judge: Hess, Filed On: May 23, 2023, Case #: ED111095, Categories: Tort, Jurisdiction, Business Practices