By: Maria Ceriotti
Ramirez v. Collier, 21-5592 slip op. (2022)
I. INTRODUCTION
The Prison Litigation Reform Act (“PLRA”) was enacted in 1996 primarily to reduce prisoner litigation.1 The passage of the PLRA led to a decrease in the number of cases filed in federal court by prisoners.2 However, there
Appropriation or Adult Adjudication: Missouri Legislature’s Big Misstep in Passing “Raise the Age” Law
By: Hannah Lucas
State ex rel. T.J. v. Cundiff, 632 S.W.3d 353 (Mo. 2021).
I. INTRODUCTION
In 2018, the Missouri General Assembly enacted a law to “Raise the Age” for automatically trying certain juveniles as adults within the criminal system.1 For T.J., a seventeen-year-old in Missouri, and for many
Protecting A Constitutional Right in the Face of a Public Health Crisis
By: Rachel McKee Taylor
J.A.T. v. Jackson County Juv. Off., 637 S.W.3d 1 (Mo. 2022) (en banc)
I. INTRODUCTION
In J.A.T. v. Jackson County Juvenile Officer, the Supreme Court of Missouri found that requiring a juvenile to attend an adjudication hearing by two-way video when the juvenile requested to appear in
Divorce Mediation: Keep Decision-Making Power In Your Hands
Divorce is one of the most difficult experiences many people will endure in their lives. Going through the divorce process can bring up a wide range of negative emotions, including grief and anger. The nature of a divorce proceeding makes many of these emotions inevitable, but the process itself does not have to be combative.
Bills in Missouri Legislature Push for Change in Child Custody Laws
Two bills pending in the Missouri Legislature would make changes in child custody laws to expand the rights of both parents in custody disputes. Bills in both houses of the state legislature would modify the factors courts should consider when deciding what custody rights and parenting time to award to parents. Many states presume that
ARE YOU A FINANCIAL ADVISOR WITH A WRONGFUL TERMINATION OR DEFAMATION CLAIM?
Advisors terminated by their broker-dealer should immediately retain experienced legal counsel. The broker-dealer has 30 days after termination to file the mandatory U-5. Legal counsel can help you negotiate fair and accurate language for this critical and potentially public disclosure. Moreover, how the U-5 is completed above and beyond the
Is Collaborative Divorce A Better Fit For Your Family?
Divorce can bring a wide range of emotions, including anger, resentment, and grief, but sometimes also relief and hope. The standard procedure for divorce in Missouri closely resembles a lawsuit, which can often make the negative emotions even worse. Conflict in divorce and other family law matters is not inevitable, though. It is possible to
Handwritten Provisions for Maintenance Not Modifiable
In Missouri divorce cases, courts may award spousal maintenance, also known as spousal support or alimony, to a spouse in certain situations. The parties to a divorce may also enter into a settlement agreement that includes spousal maintenance. A court may order, or the parties may agree, that a spousal maintenance order is not
Change of Custody Affirmed
In a recent Missouri divorce case involving a minor child, The Missouri Court of Appeals held that a court cannot grant a final divorce until it has addressed the custody of the child. All orders affecting a minor child must be in the child’s “best interests,” a subjective standard that is mostly left to individual
Two New Arbitration Cases
April 26, 2022, brought us two new arbitration rulings to sink our teeth into. One ruling was issued by the Supreme Court and the other by the Court of Appeals. I think the court of Appeals decision might get reversed. In Car Credit, Inc v. Pitts, the Supreme