Pain management clinics settle over false claims (access required)

The U.S. Attorney’s Office reached an $820,000 settlement with owners of pain management clinics and the owner of a billing company for falsely submitting Medicare and Missouri Medicaid claims.

Jury awards $11M over hog farm (access required)

Jackson County Judge Jay Daugherty repeated 13 times the figure “$825,000″ Thursday afternoon as tearful farmers from Berlin, Mo., sat on the edges of the seat cushions they’d warmed for four weeks.
A jury awarded $825,000 each to 13 plaintiffs, farmers and their family members, with lesser amounts going to two other plaintiffs for a total [...]

Jury awards $11 million to farmers (access required)

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A jury awarded $825,000 each to 13 plaintiffs, farmers and their family members, with lesser amounts going to two other plaintiffs for a total of more than $11 million. During a trial in Jackson County Circuit Court over a hog processing plant, defense attorney Jon Harmon [left], of Virginia-based McGuireWoods, pulls out a white board to illustrate the difference in how doctors came to their conclusions about the safety of hog farm smells.

Six Flags settles trademark suit (access required)

A hotel located a mile from a Six Flags theme park in St. Louis County is creating a new Web site scrubbed clean of any reference to the theme park, the hotel’s lawyer said.
The old Web site, daysinn6flags.com, is no longer operative and will be replaced with daysinneureka.com, the lawyer, Christopher Bent, said.
Before it was [...]

Hockey player’s family able to collect $4 million, judge rules (access required)

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The family of late Chicago Blackhawks player Keith Magnuson should be able to collect almost $3 million of a $9.5 million verdict and more than $1 million in interest from an insurance company. Magnuson’s lawyer, Grant Davis [left], addresses the St. Louis County jury, in November of 2007, that awarded his clients a $9.5 million verdict.

Contracts: Breach Of Contract - Minimum Payment Provision - Affirmative Defense (access required)

U.S. Neurological, Inc. v. Midwest Division - RMC, LLC (MLW No. 60307/Case No. WD70122 - 21 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Where a plaintiff that agreed with defendant to operate a neuroradiosurgery facility claimed the defendant’s accounting methods were resulting in a shortfall in its minimum payments under the contract, an average [...]

Contracts: Real Estate Refinancing - Misrepresentations - Environmental Hazard (access required)

Dubinsky, et al. v. Mermart (MLW No. 60279/Case No. 09-2072 - 13 pages) (U.S. Court of Appeals, 8th Circuit, Jarvey, J.)
Where real estate investors brought claims including breach of contract, unjust enrichment and fraud against a developer, a subordination agreement required the bondholders to obtain the written consent of the senior mortgagee before bringing an [...]

Got unwanted phone call from Junk Doctors? (access required)

A $750,000 class action settlement of a lawsuit over unwanted phone calls has won final approval in St. Louis Circuit Court.
The lawsuit against 1-800-GOT-JUNK? and its St. Louis franchise Junk Doctors claimed the companies violated the federal Telephone Consumer Protection Act by making unsolicited pre-recorded advertising calls.
The companies pick up and haul away old stuff [...]

Part of $1.9 million verdict in gamma knife case upheld (access required)

An appeals court has upheld the basic premise of a $1.9 million jury verdict in dispute over a neuroradiosurgery unit’s contract. But the dollar amount still might fall by almost half.

Jury sides with owners in suit over insurance (access required)

The owners of a Chinese restaurant in southwest Missouri successfully defended a federal lawsuit brought by their insurer over a 2006 fire that severely damaged the restaurant. The jury awarded Ban Nguyen the full amount of his proof of loss, $107,245.
Farmers Insurance Co. sued Nguyen in U.S. District Court for the Western District of Missouri, [...]

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