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Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood
Overview Of Missouri Appellate Briefing Rules And The Case Of Hicks V. Northland-Smithville, Steve Lockwood
SLU Law Journal Online
Starting with the Missouri Supreme Court's 2022 opinion in Lexow v. Boeing Co., appellate courts have put renewed emphasis on the requirements of Rule 84.04. The recent opinion by the Western District Court of Appeals, Hicks v. Northland-Smithville, and several predecessor opinions to Hicks, are a lesson and reminder to practitioners to strictly adhere to the Missouri Rules of Appellate Procedure, specifically Rule 84.04. In this article, Steve Lockwood will discuss Hicks and the implications of the opinion.
Prioritizing Patients Or Impropriety?: Why The 8th Circuit’S Cairns Decision Sets A Dangerous Precedent Jeopardizing Patient Protection And Government Investment In Federal Programs, Nicole Beachboard
SLU Law Journal Online
In July 2022, the 8th Circuit established a stricter causation standard for plaintiffs alleging a False Claims Act claim through a violation of the Anti-Kickback Statute in United States ex rel. Cairns v. D.S. Medical LLC. The requirement that a plaintiff demonstrate but-for causation stands in stark contrast to the 3rd Circuit’s “at least one claim standard.” In this article, Nicole Beachboard addresses how the 8th Circuit’s decision enforces an onerous burden on the plaintiff, undermines statutory authority, and facilitates defendant misconduct.