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Author Archives: MO Lawyers Media Staff

Bankruptcy filings steadily increase

Nationwide bankruptcy filings rose 31 percent in 2008 over the previous calendar year, according to information released last week by the Administrative Office of the U.S. Courts. Filings in the Eastern District of Missouri were up 22 percent over 2007, ...

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Criminal Law – Sentencing – Proportionality Review – Gall

Where a criminal defendant argued for resentencing in light of the intervening decision in Gall v. United States, nothing in pre-Gall cases constrained the district court’s discretion to grant at least a minor variance and nothing in the record showed ...

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Arbitration – Loan Agreement – Proper Party – 'Successors And Assignee'

Where borrowers who claimed they were not properly credited for loan payments identified defendant as the party to which they were obligated to make payments, the borrowers acknowledged that the defendant had been assigned the rights of the lender, so ...

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Domestic Relations – Parental Rights – Termination – Time Period

Even though a child had not been in foster care for the period necessary to require the filing of a termination petition, the juvenile officer could still exercise discretion to seek termination on the basis of neglect, and to the ...

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Legislative intent prevails in workers' comp case

Workers are now required to give notice to an employer of an occupational disease or repetitive trauma, but only once the injury has been diagnosed as work-related, the Court of Appeals has held in a first interpretation of the new ...

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Fatal semitrailer collision case nets $3M settlement – Parties disputed venue, jurisdiction, whether Kan. damage cap applied

The family of a man killed in a head-on collision with a semitrailer has reached a $3 million settlement with the trucking company and its driver. Justin Lee Coffman, 28, was driving a 1994 Toyota Camry on Kansas Highway 10 ...

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It’s good work even if you can’t get it

Law firms offering lawyers up to $75,000 not to work Latham & Watkins, the fourth-largest U.S. law firm, is offering incoming lawyers $75,000 to take the year off. Latham, which fired 190 lawyers and 250 staff last week, said it ...

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In the News

Two associate circuit court judges and one private attorney have been selected as nominees to fill the vacancy created by St. Louis County Circuit Judge Melvyn Wiesman’s retirement. The 21st Judicial Commission on Feb. 25 announced nominees Associate Circuit Judges ...

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Domestic Relations – Appeal – Acceptance Of Benefits

Where a wife in a dissolution appealed a provision, which included an injunction against the release by either party of confidential financial documents, in the judgment, but the wife did not challenge the dissolution or custody provisions or distribution of ...

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Lake tragedy results in $2.3M settlement

Plaintiffs in the case involving a lake tragedy in Jefferson County were awarded $2.3 million by a jury that deliberated for 12 hours. Nicholas Harbison, 16, died, and Morgan Milfeld and Timothy Fitzpatrick, both 15 at the time, were injured ...

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Criminal Law – http://www.ca8.uscourts.gov/opndir/09/02/081286P.pdf

Where defendant was convicted of embezzlement from an Indian tribal organization in connection with the tribe’s employee pay-advance program, the government showed that the defendant, who was the tribe’s finance committee coordinator, received and retained pay-advance funds in violation of ...

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