By: Emily Loftis Satanic Temple v. City of Belle Plaine, Minnesota, No. 21-3079, 2023 WL 5600301 (8th Cir. 2023) I.              INTRODUCTION             The First Amendment of the United States Constitution provides robust protections for the freedom of speech and exercise of religion.[1]  It prevents the government from suppressing unpopular speech or ideas.[2]  When the government acts to restrict speech, it often must face a high level of scr ..read more

By: Harry Bell P.D.E. v. Juv. Officer, 669 S.W.3d 129, 130 (Mo. 2023) (en banc) I.              INTRODUCTION             If a child is formally accused of misconduct, they are introduced to the juvenile court system.[1]  Courts with jurisdiction over these cases are tasked with administering “care, guidance and control as will conduce to the child’s welfare and the best interests of the state.”[2]  A minor, like in any civil case, may appeal ..read more

By: Fabian Reyher Murphy v. Schmitt, 2023 WL 5748752 (8th Cir. 2023) I.              INTRODUCTION             In Murphy v. Schmitt, the Eighth Circuit held that Mason Murphy failed to state a claim for First Amendment retaliation because Officer Michael Schmitt had probable cause to arrest Murphy under Missouri Revised Statute § 300.405.[1]  While both parties agreed that there was probable cause for the arrest, Murphy argued that the N ..read more

By: Savanah Seyer* I.              INTRODUCTION             In Merriam-Webster’s dictionary, the term “burying the lede” is defined as “hiding the most important and relevant pieces of a story within other distracting information.”[1]  The perfect example of this concept is the Federal Trade Commission’s “Proposed Non-Compete Ban”.[2]  On January 5, 2023, the Federal Trade Commission (“FTC”) proposed a rule banning nearly all non-compete agreemen ..read more

By: Michael Rotellini* In re Goetz (Bankr. W.D. Mo. 2022) I.          Introduction             “There is no place like home.”[1]  This is the iconic line Dorothy says at the end of the film The Wizard of Oz.  A tornado rips through Kansas to start the film, sending Dorothy and her house falling into the magical land of Oz and on the Wicked Witch of the East.[2]  Just like the Wizard of Oz, this Note both starts and ends with the home.  Imagine a ..read more

By: Tyler Kraft* I.              INTRODUCTION             Cryptocurrency and cryptocurrency exchanges are currently in the news for all the wrong reasons.[1]  Much of the negative attention is directed toward the executives whose recklessness led to the cryptocurrency market’s so-called crypto winter, along with individual criminal charges.[2]  However, the market’s problems extend to retail investors of cryptocurrency as the exchanges once used ..read more

By: Harry Bell Swafford v. Treasurer of Missouri, 659 S.W.3d 580, 581 (Mo. 2023) (en banc) I.         INTRODUCTION             Historically, employers have been reluctant to hire individuals with preexisting disabilities due to concerns that on-the-job injuries would exacerbate or worsen existing conditions and expose employers to greater financial liability.[1] The Second Injury Fund was created in 1943 to curb this discrimination by employers.[2] An employer may still be liable for d ..read more

By: Fabian Reyher State ex rel. Grooms v. Privette, 667 S.W.3d 92 (Mo. 2023) (en banc) I.   Introduction             In State ex rel. Grooms v. Privette, the Supreme Court of Missouri held that the presiding judge of the 37th judicial circuit, Judge Steven A.  Privette, exceeded his authority in holding county clerk Betty Grooms in contempt of court for allegedly failing to satisfy the judge’s request for a spreadsheet of criminal case data in Oregon County.[1]  The Court examined the judic ..read more

By: Emily Loftis Klossner v. IADU Table Mound MHP, LLC, 65 F.4th 349 (8th Cir. 2023) I.               Introduction Suellen Klossner rents land at a mobile park owned by IADU Table Mound and managed by Impact MHC Management (“Impact”) in Iowa.[1]  Klossner has disabilities that prevent her from working, including bipolar disorder, neuropathy, fibromyalgia, and agoraphobia.[2]  She is able to survive with assistance from various government programs.[3] As rent has continued to increase quickly at the I ..read more

By: Lauren E. Nichols* State v. Straughter, 643 S.W.3d 317 (Mo. 2022) (en banc) I.   Introduction             Picture a castle in your mind.  What do you see?  Cinderella’s iconic home?[1]  The dark silhouette of Hogwarts?[2]  A guarded Buckingham Palace?[3]  What about your humble abode?  Or your friend’s car?  In State v. Straughter, the Supreme Court of Missouri held the defendant was entitled to a Castle Doctrine jury instruction while seated in a loaned car.[4]  The result of this inst ..read more