Missouri Lawyers Media » Business & Corporate Law opinion

Contracts: Real Estate – Ambiguity

McClain v. Hartley (MLW No. 61174/Case No. ED93184 – 5 pages) (Missouri Court of Appeals, Eastern District, Richter, C.J.)

Contracts: Breach Of Contract – Mechanic’s Lien – Notice

Ambassador Floor Company v. Bruner Buildings LLC, et al. (MLW No. 61168/Case No. ED93835 – 7 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Taxation: Use Tax Exemption – Kitchen Equipment – ‘Plants’

Brinker Missouri, Inc. v. Director of Revenue (MLW No. 61198/Case No. SC90463 – 17 pages) (Supreme Court of Missouri, Stith, J.; Teitelman, Russell, Wolff, Breckenridge and Fischer, JJ., concur; Price, C.J., dissents in separate opinion filed)

Commercial: Warranty Rights – Assignment – Transfer Of Equipment

Renaissance Leasing, LLC, et al. v. Vermeer Manufacturing Company (MLW No. 61199/Case No. SC90258 – 39 pages) (Supreme Court of Missouri, Price Jr., C.J.; all concur)

Attorneys: Disciplinary Proceeding – Misappropriation Of Funds – Repeated Violations

In re: Renae Ehler (MLW No. 61193/Case No. SC90652 – 19 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)

Arbitration: Class Action Waiver – Unconscionability – Auto Dealership

Ruhl v. Lee’s Summit Honda (MLW No. 61196/Case No. SC90601 – 8 pages)

Arbitration: Class Action Waiver – Unconscionability – Loan Agreement

Brewer v. Missouri Title Loans, Inc. (MLW No. 61194/Case No. SC90647 – 23 pages)

Arbitration: Valid Agreement – Failure To Prove – Judicial Admission

M & I Marshall & Ilsley Bank v. Sader & Garvin, L.L.C., et al. (MLW No. 61190/Case No. WD71399 – 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)

Taxation: Deduction Of Losses – S Corporation

Russell v. Commissioner; United Energy Corporation v. Commissioner; Kopseng v. Commissioner (MLW No. 61142/Case No. 09-2306/09-2307/09-2310/09-2576 – 5 pages)

Insurance: Death Benefits – Wife’s Estate – Attorney’s Fees

First National Bank & Trust Company of Mountain Home v. Stonebridge Life Insurance Company, et al. (MLW No. 61135/Case No. 09-2563/09-2760 – 8 pages)

Contracts: Acquisition – Justifiable Reliance – Trucking Company

Waldner v. Carr, et al. (MLW No. 61156/Case No. 09-2246 – 20 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)

Appellate Practice: Rule 50 – Issue On Appeal – Failure To Preserve

Studnicka v. Pinheiro, et al. (MLW No. 61153/Case No. 09-1702 – 5 pages)

Corporate: Derivative Action – Requisite Number – Collateral Estoppel

McMahon, et al. v. Geldersma, et al. (MLW No. 61127/Case No. WD71515 – 9 pages) (Missouri Court of Appeals, Western District, Howard, J.)

Contracts: Partnership Agreement – Plumbing Business – Unjust Enrichment

Winslow v. Nolan (MLW No. 61117/Case No. ED93544 – 11 pages) (Missouri Court of Appeals, Western District, Odenwald, P.J.)

Securities: Controlling Person Claims – Culpable Participation – Ponzi Scheme

Lustgraaf, et al. v. Behrens, et al. (MLW No. 61105/Case No. 09-2960/2963/2965/2969/3349/3352/3356 – 26 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)

Intellectual Property: Copyright Infringement – Play – Substantially Similar

Frye v. YMCA Camp Kitaki, et al. (MLW No. 61106/Case No. 09-3010 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Hansen, J.)

Insurance: Duty To Defend – Educators’ Policy – Prejudgment Interest

Capella University, Inc. v. Executive Risk Specialty Insurance Company (MLW No. 61104/Case No. 08-2382/08-3673/08-3675/09-1121 – 21 pages) (U.S. Court of Appeals, 8th Circuit, Hansen, J.)

Accounting firm keeps award in non-compete case

An accounting firm, which sued four former employees accused of walking out with 124 clients, may keep a $1,369,921 award, the 8th U.S. Circuit Court of Appeals has held.
The decision fine-tunes what can be considered as adequate consideration for an employee’s promise not to compete under Missouri law.
Mayer Hoffman McCann, a national certified public accounting [...]

Public Utilities: Approval Of Merger – Offers Of Proof – Appearance Of Impropriety

State ex rel. Praxair, Inc., et al. v. Missouri Public Service Commission, et al. (MLW No. 61093/Case No. WD71340 – 20 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.)
Where the Office of Public Counsel and industrial utility consumers argued that the Public Service Commission exceeded its authority in approving an acquisition of a [...]

Consumer Law: Chiropractic Services – Unpaid Fees – Reasonableness

Baca Chiropractic v. Cobb (MLW No. 61088/Case No. SD30271 – 10 pages) (Missouri Court of Appeals, Southern District, Lynch, J.)
Where a husband and wife, who sought chiropractic treatment after they were injured in a car accident, claimed that the chiropractor engaged in “price gouging” by charging them different rates before and after the accident despite [...]