Medicaid: Benefits – Eligibility – Farmland 
Vaughn v. Department of Social Services (MLW No. 61163/Case No. ED94196 – 8 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)
Negligence: Ex Parte Communications – Court Order – HIPAA Preemption
State ex rel. Bobbie Jean Proctor and Vincent Proctor v. Messina (MLW No. 61195/Case No. SC90610 – 24 pages) (Supreme Court of Missouri, Fischer, J.; all concur)
Tort: Fraud – Standing – Rebate Promotion
Curtis Lumber Company, Inc. v. Louisiana Pacific Corporation (MLW No. 61099/Case No. 09-2602/09-2692 – 39 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
Constitutional: Inmate Action – Personal Property – Mootness
Goldsby v. Lombardi (MLW No. 61090/Case No. WD72183 – 5 pages) (Missouri Court of Appeals, Western District, per curiam)
Where an inmate brought an action arguing that a statute authorizing the Department of Corrections to make rules is void for vagueness and as injunctive relief the inmate sought the return of his denim jacket, which was [...]
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 [...]
Insurance: Liability Coverage – Stacking – MVFRL
O’Rourke v. Esurance Insurance Co. (MLW No. 61086/Case No. ED94330 – 7 pages) (Missouri Court of Appeals, Eastern District, Romines, J.)
Where an insured, who was injured in an auto accident, had a policy that covered two automobiles, one of which was not involved in the accident, the insured’s policy unambiguously prevented stacking the coverage provided [...]
Negligence: Workout Injury – Causation
Howard v. Missouri Bone and Joint Center, Inc. (MLW No. 61064/Case No. 09-2914 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)
Where a college student brought a negligence action against an orthopedic and physical training clinic after he injured his back while working out with a trainer, who told him to keep working [...]
Contracts: Tugboat Service Agreement – Indemnification – Attorney’s Fees
Fitzgerald Marine & Repair, Inc. v. Ingram Barge Company (MLW No. 61069/Case No. 09-1997/09-2075 – 23 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)
Where an employee of a boat repair company, who was injured while responding to a sinking tugboat, sued his employer and the tugboat operator, and the district court held that the [...]
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: 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 [...]
Parties settle lawsuit over pellet gun injuries
Cynthia Hawkins received a $335,000 settlement on behalf of her child, who sustained serious injuries after being shot in the neck by a pellet gun.
Vehicle seat maker held liable in car crash suit
An unusual trial strategy helped persuade a Platte County jury to award $8 million to the family of a girl who suffered permanent brain injuries in a rear-end car crash.
Football team settles suit over fan’s injuries
A 270-pound Raiders fan’s penchant for beating up Chiefs’ tailgaters prompted a second settlement with the Kansas City team’s parent company.
Man reaches settlement after car-bus accident
An 80-year-old man hurt when a school bus collided with the car he was driving has reached a $600,000 settlement.
Negligence: Damages Limitation – Medical Malpractice – Arkansas Law
Csiszer v. Wren, et al. (MLW No. 61018/Case No. 09-2010 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Negligence: Wrongful Death – Res Ipsa Loquitur – Latent Defect
Vargo-Schaper v. Weyerhaeuser Company (MLW No. 61014/Case No. 09-3125 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Bye, 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.)
Man who fell through skylight settles lawsuit
A construction worker who fell through a skylight settled for $950,000 with the company that hired him.
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