Missouri Lawyers Media » Civil Practice opinion

Civil Practice: Foreign Judgment – Personal Jurisdiction – Burden Of Proof

Peoples Bank v. Frazee (MLW No. 61197/Case No. SC90536 – 18 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)

Civil Rights: Firefighter Termination – Reinstatement Promise – Race Discrimination

Chism v. Curtner (MLW No. 61133/Case No. 09-2632 – 9 pages)

Civil Practice: False Claims Act – FCIC – Insurance Agent

U.S. v. Hawley (MLW No. 61100/Case No. 08-2992 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Civil Rights: Muslim Inmate – Injunctive Relief – Fee Award

El-Tabech v. Clarke, et al. (MLW No. 61054/Case No. 09-1554/09-2691 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Where a Muslim inmate, who prevailed in his civil rights action against prison officials, submitted a supplemental fee request, the inmate did not fully deduct time spent on unsuccessful or non-compensable issues, the requested fee [...]

Civil Rights: Excessive Force – Qualified Immunity – De Minimis Force

Shannon v. Koehler, et al. (MLW No. 61052/Case No. 09-3889 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)
Where a district court found that the record supported a plaintiff’s allegations that he was not suspected of committing a serious crime, that he did not actively attempt to flee or resist arrest and that [...]

Civil Rights: Excessive Force – Expert Testimony – Gang Evidence

Lee v. Andersen, et al. (MLW No. 61058/Case No. 09-2771 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Where a plaintiff brought civil rights claims against a city and a police officer after the officer shot and killed her son, an expert’s opinion that the victim did not have a gun in his [...]

Civil Practice: Subject Matter – Jurisdiction – Feres Doctrine – Dual-Status National Guard Member

Wetherill v. Geren, et al. (MLW No. 61072/Case No. 09-3334 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Ebel, J.)
Where a dual-status National Guard technician of Asian-American origin brought a lawsuit against military defendants arguing that the revocation of a waiver of her mandatory retirement date was motivated by sex and national origin, the [...]

Civil Practice: Class Action – Denial Of Certification – Individual Issues

Avritt v. Reliastar Life Insurance Company (MLW No. 61060/Case No. 09-2843 – 20 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)
Where a district court denied class certification for a group of California residents who purchased fixed deferred retirement annuities from an insurer, the district court properly recognized that resolution of the plaintiffs’ claims would [...]

Civil Practice: Class Action – Denial Of Certification – Adequate Representation

Rattray, et al. v. Woodbury County, et al. (MLW No. 61075/Case No. 09-2314 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Where a plaintiff, who claimed she was illegally strip searched during a booking process, was denied her motion to certify a class action, the district court had sufficient grounds to decide that [...]

Civil Practice: Personal Jurisdiction – Internet Defamation – ISP Liability

Johnson, et al. v. Elizabeth Arden d/b/a ComplaintsBoard.com, et al. (MLW No. 61027/Case No. 09-2601 – 23 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Civil Practice: Substitution Of Plaintiffs – Denial Of Motion – Federal Rule 25

Torres v. Bayer Corporation (MLW No. 61007/Case No. 09-1964 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

Civil Practice: Order Of Protection – Stalking

A.S. and B.S. v. Decker (MLW No. 61037/Case No. WD71680 – 10 pages) (Missouri Court of Appeals, Western District, Witt, J.)

Civil Practice: HIV Disclosure – Exclusion Of Evidence – Impeachment

Ziolkowski v. Heartland Regional Medical Center (MLW No.61040/Case No. WD70708 – 17 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)

Criminal Law: Child Molestation – Cross Examination – Witness With Teddy Bear

State v. Powell (MLW No.61044/Case No. WD70540 – 12 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)

Civil Rights: Unlawful Arrest – Excessive Force – Municipal Liability

Steibel v. Locke (MLW No. 60961/Case No. 09-2485 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)
(1)Where plaintiff distracted a police chief involved in a traffic stop by yelling and cursing at him and asking him to move his car but the plaintiff did not approach in a threatening manner, no reasonable officer [...]

Civil Rights: Interlocutory Appeal – Qualified Immunity – Excessive Force Claim

Mahamed v. Anderson, et al. (MLW No. 60960/Case No. 09-2030 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.)
Where a prison guard appealed a district court’s denial of summary judgment on an inmate’s claim of excessive force, the appeal is dismissed because the court lacks jurisdiction to consider an interlocutory summary-judgment qualified immunity [...]

Civil Practice: Subject Matter Jurisdiction – Contract Dispute – Criminal Defendant

Afremov v. Computer Forensic Services (MLW No. 60978/Case No. 09-3498 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)
Where a district court ordered a criminal defendant to pay a disputed bill to a computer forensics company for expert consulting services after finding that the defendant had hired the company, the computer company did [...]

Civil Practice: Qui Tam – False Claims Act – Failure To State Claim

U.S. ex rel. Hixson v. Health Management Systems, Inc., et al. (MLW No. 60971/Case No. 09-3439 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)
Where relators brought a qui tam action claiming the defendants violated the False Claims Act, the district court did not err in dismissing the action for failure to state [...]

Civil Practice: Substitution Of Party – Incompetence – Real Party In Interest

Kuelbs v. Hill, et al. (MLW No. 60962/Case No. 09-2697 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)
Where a plaintiff sued defendant family members, claiming they embezzled assets from her irrevocable trust, and the defendants objected that the plaintiff was not the real party in interest because she had been deemed incompetent, [...]

Civil Practice: Petition – Factual Allegations

Smith v. Bowersox (MLW No. 60988/Case No. SD30056 – 5 pages) (Missouri Court of Appeals, Southern District, Francis, J.)
Where the vague and conclusory allegations contained in a prisoner’s civil lawsuit against a department of corrections official failed to contain a short and plain statement of the facts showing he was entitled to relief, the trial [...]