fact-driven inquiry (Missouri) · Go Syfert
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fact-driven inquiry in Missouri

11 Missouri opinions name it 2 courts 2000–2024 2 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
McCracken v. Wal-Mart Stores East, LPgreen
mo · 2009 · cited in 4 Missouri opinions naming this issue, 2017–2024
2 sentences

2024Determining "[w]hether a particular sort of work is within a party's usual course of 6 business is a fact-driven inquiry; there is no 'litmus paper' test." Id. at 402 (quoting McCracken v. Wal-Mart Stores E., LP, 298 S.W.3d 473, 480 (Mo. banc 2009)).

2022In so defining “usual business,” the Bass Court specifically sought to exclude from its definition “specialized or episodic work that is essential to the employer but not within the employer’s usual business as performed by its employees.” Id.10 “Whether a particular sort of work is within a party’s usual course of business is a fact-driven inquiry; there is no ‘litmus paper’ test.” McCracken, 298 S.W.3d at 480 (citation and quotation marks omitted). 9 Specifically, the Bass Court indicated that the cases utilizing the essential/integral test were likely written broadly so as to accommodate th

34
Ferguson v. Air-Hydraulics Companygreen
moctapp · 1973 · cited in 2 Missouri opinions naming this issue, 2009–2019
2 sentences

2019"Whether a particular sort of work is within a party's usual course of business is a fact-driven inquiry; there is no 'litmus paper' test." McCracken, 298 S.W.3d at 480 (quoting Ferguson v. Air-Hydraulics Co., 492 S.W.2d 130, 135 (Mo. App. 1973).

2009Whether a particular sort of work is within a party’s usual course of business is a fact-driven inquiry; there is no “ ‘litmus paper’ test.” Ferguson v. Air-Hydraulics Co., 492 S.W.2d 130, 135 (Mo.App.1973).

22
Marriage of Basham v. Williamsgreen
moctapp · 2007 · cited in 4 Missouri opinions naming this issue, 2010–2016
2 sentences

2016Basham, 239 S.W.3d at 727 .

2010“Whether or not [sic] Father’s conduct was intentional and contumacious is a fact-driven inquiry.” Basham v. Williams, 239 S.W.3d 717, 727 (Mo.App.

14
Ag v. Rmdgreen
mo · 1987 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016See A.G., 730 S.W.2d at 546-47 . 8 Whether Mother's actions constituted intentional and contumacious failure to abide by the trial court's order is a fact-driven inquiry.

11
Northeast Georgia Medical Center, Inc. v. Davenportgreen
ga · 2000 · cited in 1 Missouri opinions naming this issue, 2000–2000
2 sentences

2000Corp., 29 F.3d 1439 , 1445 (9th Cir.1994). “[Assessing the ‘circumstances’ requires a fact-driven analysis.” Northeast Georgia Medical Center, Inc. v. Davenport, 272 Ga. 173 , 527 S.E.2d 548, 550 (2000) (citing Rogers v. Columbia/HCA of Central Louisiana, 971 F.Supp. 229, 236 (W.D.La.1997), aff'd. 140 F.3d 1038 (5th Cir.1998)).

2000Corp., 29 F.3d 1439 , 1445 (9th Cir.1994). “[Assessing the ‘circumstances’ requires a fact-driven analysis.” Northeast Georgia Medical Center, Inc. v. Davenport, 272 Ga. 173 , 527 S.E.2d 548, 550 (2000) (citing Rogers v. Columbia/HCA of Central Louisiana, 971 F.Supp. 229, 236 (W.D.La.1997), aff'd. 140 F.3d 1038 (5th Cir.1998)).

11
Rogers v. Columbia/HCA of Central Louisiana, Inc.green
lawd · 1997 · cited in 1 Missouri opinions naming this issue, 2000–2000
1 sentence

2000Corp., 29 F.3d 1439 , 1445 (9th Cir.1994). “[Assessing the ‘circumstances’ requires a fact-driven analysis.” Northeast Georgia Medical Center, Inc. v. Davenport, 272 Ga. 173 , 527 S.E.2d 548, 550 (2000) (citing Rogers v. Columbia/HCA of Central Louisiana, 971 F.Supp. 229, 236 (W.D.La.1997), aff'd. 140 F.3d 1038 (5th Cir.1998)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Bass v. National Super Markets, Inc. green
mo · 1995
2 sentences

2024Determining "[w]hether a particular sort of work is within a party's usual course of 6 business is a fact-driven inquiry; there is no 'litmus paper' test." Id. at 402 (quoting McCracken v. Wal-Mart Stores E., LP, 298 S.W.3d 473, 480 (Mo. banc 2009)).

2018"Whether a particular sort of work is within a party's usual course of business is a fact-driven inquiry; there is no 'litmus paper' test." Id.

52009–2024
cluster 674666 green
ca9 · 1994
1 sentence

2000Corp., 29 F.3d 1439 , 1445 (9th Cir.1994). “[Assessing the ‘circumstances’ requires a fact-driven analysis.” Northeast Georgia Medical Center, Inc. v. Davenport, 272 Ga. 173 , 527 S.E.2d 548, 550 (2000) (citing Rogers v. Columbia/HCA of Central Louisiana, 971 F.Supp. 229, 236 (W.D.La.1997), aff'd. 140 F.3d 1038 (5th Cir.1998)).

12000–2000

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 287.040 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 12 (1998–2026) MO 11 (2000–2024) TX 11 (2009–2023) TN 9 (2000–2015) NY 7 (2004–2026) PA 5 (2017–2020) OH 4 (2004–2025) MI 3 (2007–2008) KS 3 (2007–2021) IL 3 (2001–2012) WV 3 (2013–2021) NM 2 (2022–2024) AL 2 (2018–2018) SC 2 (2007–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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