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8th Circuit reverses NLRB in Starbucks union case

2 days ago | molawyersmedia.com | Correy E. Stephenson

The National Labor Relations Board (NLRB) erred when it stated that factual context such as an employee’s reactions are “immaterial” in evaluating alleged violations of the National Labor Relations Act (NLRA), the 8th U.S. Circuit Court of Appeals ruled on June 17. Workers United, a labor union that represents workers in various industries, began a unionizing campaign at a Starbucks store in Los Angeles in May 2022.
Probate-Guardianship-Appointment of Guardian

4 days ago | molawyersmedia.com | Jordan Yount

Plaintiff appealed the trial court’s order appointing her sister as the sole guardian and conservator of their father. Where plaintiff’s notice of appeal was not timely filed, the court was constrained to dismiss the appeal. In the Matter of: Claypool (MLW No. 83382/Case No. WD86931 – 16 pages) (Missouri Court of Appeals, Western District, Thomson, J.) Appealed from circuit court, Macon County, Burks, J. (Clark L. Jones for appellant) (Mark L. Williams for respondent)
Domestic Relations-Termination of Parental Rights-Sufficiency of Evidence

4 days ago | molawyersmedia.com | Jordan Yount

Defendant appealed the trial court’s termination of his parental rights to his daughter, arguing that the trial court erred in finding clear, convincing evidence that two statutory grounds for termination existed. Where the trial court had found other bases for termination not challenged by defendant, the court was constrained to affirm the trial court’s judgment.
Domestic Relations-Child Custody/Support-Imputation of Income

4 days ago | molawyersmedia.com | Jordan Yount

Defendant appealed the trial court’s child custody and support order after granting plaintiff’s motion to modify, arguing that the trial court improperly imputed his income when calculating the child support amount and improperly ordered him to pay the parties’ children’s parochial school tuition as an extraordinary education expense.
Criminal Law-Statutory Rape-Exclusion of Victim’s Prior Sexual Relationship

4 days ago | molawyersmedia.com | Jordan Yount

Defendant appealed his conviction for statutory rape and his sentence as a predatory sexual offender to life imprisonment. Defendant argued that the trial court improperly excluded the victim’s prior sexual relationship under the rape shield law as an alternate source of the victim’s pregnancy and that there was insufficient evidence to prove defendant met the statutory criteria for designation as a predatory sexual offender.
Criminal Law-Second-Degree Murder-Sufficiency of Evidence

4 days ago | molawyersmedia.com | Jordan Yount

Defendant appealed his conviction for second-degree murder, armed criminal action, endangering the welfare of a child, and unlawful use of a weapon, challenging the sufficiency of the evidence to prove that his actions created a substantial risk to a child and arguing that the trial court erred in failing to instruct the jury on all theories of defense of others.
Criminal Law-Drug Possession-Sufficiency of Evidence

4 days ago | molawyersmedia.com | Jordan Yount

Defendant appealed his conviction for drug possession, challenging the sufficiency of the evidence proving he knowingly possessed methamphetamine. Where the evidence permitted an inference that defendant had the bag of drugs on his person and was either attempting to conceal or dispose of it, there was sufficient evidence to support defendant’s conviction.
Criminal Law-Child Sex Trafficking-Admission of Testimony

4 days ago | molawyersmedia.com | Jordan Yount

Defendant appealed her conviction for child sex trafficking and related offenses, arguing that the trial court erred in denying her motion to have the victim declared incompetent to testify and admitting the victim’s deposition testimony in place of in-court testimony. Defendant also challenged the admission of various hearsay statements by the victim, arguing that it violated her Confrontation Clause rights.
Criminal Law-Child Abuse-Double Jeopardy Violation

4 days ago | molawyersmedia.com | Jordan Yount

Defendant appealed his conviction for child abuse and domestic assault, arguing that his two convictions for child abuse constituted a double jeopardy violation as the state failed to prove beyond a reasonable doubt that the victim’s injuries were not inflicted as part of a single, uninterrupted incident or that he formed new intent.
Contracts-Breach-Award of Legal Fees

4 days ago | molawyersmedia.com | Jordan Yount

Plaintiffs appealed the trial court’s judgment, arguing that the trial court erred in finding that defendants did not breach the parties’ contract and improperly awarded defendants legal fees and expenses. Where defendants’ motion for attorneys’ fees was not an integral part of the case, the motion did not arrest the finality of the judgment, and thus plaintiffs’ appeal of the merits of the claim was untimely.