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April 2015 Archives

What's new in Missouri Law for the week

Administrative

Attorney Fees Awarded in World Series Ticket Affair
Sunshine law allows, but does not require, agency to close records, and no law compels closure of records. No promise of secrecy, and no practice or custom, can trump Sunshine Law. Failure to disclose records, and sham consent judgment to close records ordered to be disclosed, supports an award of $100,000 in attorney fees against agency for knowing violation.
John Chasnoff, Plaintiff/Respondent, vs. Col. Joseph Mokwa, et al., Defendants/Appellants, Wendell Ishmon, et al., Plaintiffs/Appellants, vs. St. Louis Board of Police Commissioners, et al., Defendants, and John Chasnoff, Intervenor Defendant/Respondent.
(Overview Summary)
Missouri Court of Appeals, Eastern District - ED101748

What's new in Missouri Law for the week

ADR

Arbitrability Is for the Courts
"[P]arties may agree to arbitrate even 'gateway' questions of arbitrability, i.e., 'whether the parties have agreed to arbitrate or whether their agreement covers a particular controversy [.]'" But "unless the parties clearly and unmistakably provide otherwise, the question of whether the parties agreed to arbitrate is to be decided by the court, not the arbitrator." Of all related agreements, only one had an arbitration clause, and that clause did not describe the matter on which appellant demanded arbitration. Circuit court did not err in denying motion to compel arbitration.
50 Plus Pharmacy, et al vs. Choice Pharmacy Systems, LLC, et al
(Overview Summary)
Missouri Court of Appeals, Western District - WD77879

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Affordable Legal Services of Thomas Sandifer
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