MISSOURI ALLIANCE FOR RETIRED AMERICANS v. DEPT. OF LABOR AND INDUSTRIAL RELATIONS

No. SC 88368.

277 S.W.3d 670 (2009)

MISSOURI ALLIANCE FOR RETIRED AMERICANS, et al., Appellants, v. DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS, Division of Workers' Compensation, Respondent.

Supreme Court of Missouri, En Banc.

February 24, 2009.


Attorney(s) appearing for the Case

Alan S. Mandel, Schlueter, Mandel & Mandel, Philip M. Hess, Larsen, Feist & Hess, PC, Sally I. Heller, Fox, Heller, Gallagher & Finley, L.L.P., Mark E. Moreland, Michael Goldberg, Weinhaus, Dobson, Golberg & Moreland, St. Louis, MO, John B. Boyd, Boyd & Kenter, P.C., Joseph W. Moreland, Blake & Uhlig, P.A., Kansas City, MO, Scott A. Wilson, Hines Law Firm, L.L.C., Columbia, MO, Robert S. Peck, Jeffrey R. White, Center for Constitutional Litigation, PC, Washington, DC, for Appellants.

Chris Koster, Atty. Gen., James Layton, Alana M. Barragan-Scott, Office of Mo. Atty. Gen., Jefferson City, MO, for Respondent.

Marc H. Ellinger, Blitz, Bardgett & Deutsch, L.C., Jefferson City, MO, for Amicus Curiae Associated Industries of MO, National Federation Independent Business Legal Foundation and Associated Home Builders and Contractors, Inc.

Paul C. Hetterman, Jeffrey Harnett, Bartley Goffstein, L.L.C., St. Louis, MO, for Amicus Curiae Missouri State Labor Council, AFL-CIO.

Thomas A. Woodley, Douglas L. Steele, Bryan G. Polisuk, Woodley & McGillivary, Washington, DC, for Amicus Curiae International Association of Fire Fighters.


PLURALITY OPINION

For the reasons set forth below, the Court concludes that the plaintiff labor organizations do not have standing to raise eight of the claims they assert in an attempt to strike down the 2005 amendments to the state workers' compensation law because those claims are not yet ripe for review. Six of these claims argue that specific provisions of the workers' compensation act, as amended in 2005, are unconstitutional because the application of those...

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