Appellate
We regularly appear in state and federal appellate court, and we have won significant victories shaping the law in Missouri and Illinois. Silverstein Wolf is prepared to take a case from initial filing through appeal and to co-counsel with trial attorneys, during trial and post-judgment.
We have successfully appealed and argued cases that have shaped federal and state law:
- Lampley v. Missouri Commission on Human Rights – the first Missouri Supreme Court decision to hold that sex or gender stereotyping is sex discrimination under the Missouri Human Rights Act.
- McBryde v. Ritenour – The first Missouri appellate decision upholding the standard that an employee need only prove discrimination was a “contributing factor” in their termination, as opposed to a “substantial” or “motivating” factor, and exclusive of “business judgment.”
- State ex rel. Dean v. Cunningham – The Missouri Supreme Court determined that plaintiffs can recover damages for emotional distress without providing their medical records to defendants.
- Hill v. Ford Motor Company – The Missouri Supreme Court held the contributing factor standard applied to retaliation cases brought under the Missouri Human Rights Act as well as to discrimination cases, and that individuals can be sued for employment discrimination.
- Michael v. Precision Alliance Group – the first Illinois whistleblower case to hold a whistleblower need not “directly report” illegal activity to law enforcement in order to state a common law retaliatory discharge claim (first appeal).
- In addition, our partners wrote the portion of the amicus brief for the Missouri Supreme Court in Daugherty v. Maryland Heights, successfully urging the rejection of the complex federal analysis applied in employment cases to determine if the suit would be allowed to proceed to trial.
- Doe v. City of Belleville – The United States Court of Appeals for the Seventh Circuit recognized a claim for same sex sexual harassment, holding that harassment based on stereotypes was unlawful.
We revel in the opportunity to advocate.