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Author Archives: Geri Dreiling

Criminal Law: Effectiveness Of Counsel – Manslaughter Instruction – ‘Sudden Passion’

Lopez v. State (MLW No. 59957– 18 pages) (Missouri Court of Appeals, Southern District, Hendrickson, Sp. J.) Where a second-degree murder defendant claimed his counsel was ineffective for failing to challenge the trial court’s refusal to submit an instruction for ...

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Real Property: Tax Sale – Notice

Investment Corporation of the Virginias, Inc. et al. v. Acquaviva, et al.  (MLW No. 59944 – 11 pages) (Missouri Court of Appeals, Eastern District, Crane, J.) Where the county collector mailed pre-sale notices of real estate tax sales that were ...

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Negligence: Water Utility – Duty to Control Water

Hackman v. Missouri American Water Company (MLW No. 59952 –  pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Where a homeowner fell on slippery concrete slabs in her driveway that had heaved and shifted after water collected and froze ...

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Medical Malpractice: Summary Judgment – Medical Record Documentation

Lunn v. Anderson, et al. (MLW No. 59952 –  23 pages) (Missouri Court of Appeals, Eastern District, Norton, J.) Where a hospital’s nurses did not advocate for a resumption of anticoagulant medications after the patient’s surgery, summary judgment in favor ...

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Evidence: Juror Outburst – Mistrial

Dooley v. St. Louis County, et al. (MLW No. 59950 – 19 pages) (Missouri Court of Appeals, Eastern District, Norton, J.) Where a juror spontaneously asked to leave the courtroom while the defense counsel asked the plaintiff whether a video ...

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Arbitration: Class Action Waiver – Unenforceable – Severability

Shaffer v. Royal Gate Dodge (MLW No. 59945 – 7 pages) (Missouri Court of Appeals, Eastern District, Dowd Jr., J.) Where a car dealer’s sales and financing contracts contained mandatory binding arbitration provisions and barred buyers from participating in class ...

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Arbitration: Class Action Waiver – Unenforceability

Brewer v. Missouri Title Loans (MLW No. 59948 – 8 pages) (Missouri Court of Appeals, Eastern District, Norton, J.) Where a title lender’s agreement for high-interest loans contained a class arbitration waiver, the class arbitration waiver was unconscionable and therefore ...

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Appellate Practice: Record on Appeal – Failure to File

Englemeyer v. Missouri Real Estate Commission (MLW No. 59949 – 4 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.) Where a real estate agent’s broker-salesperson license was revoked by the Missouri Real Estate Commission because of a prior first-degree ...

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