State ex rel. Anheuser-Busch, LLC v. Honorable Joan L. Moriarty
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The Supreme Court quashed a preliminary writ of prohibition it issued directing the circuit court to vacate a portion of its order overruling Relator's motion to dismiss and to dismiss the underlying plaintiff's petition with prejudice for failure to state a claim upon which relief could be granted, holding that Plaintiff had an adequate remedy by way of appeal.
Plaintiff filed a complaint of discrimination alleging violations of the Missouri Human Rights Act (MHRA). The circuit court concluded that Plaintiff stated a claim under the MHRA and denied Relator's motion to dismiss. Relator sought a writ of prohibition directing the circuit court to vacate the portion of its order overruling Relator's motion to dismiss. The Supreme Court issued a preliminary writ of prohibition. At the time, the lower courts did not have the benefit of the Supreme Court's opinion in Tuttle v. Dobbs Tire & Auto Centers, Inc., __ S.W.3d __ (Mo. banc 2019). The Supreme Court then quashed the preliminary writ, holding that the MHRA did not provide Plaintiff with relief and that, as demonstrated by Tuttle, Relator may seek relief by appeal after a final judgment.
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