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Author Archives: Geri Dreiling

Appellate Practice: Directed Verdict – Trial Transcript

Meyer v. Smith d/b/a Fresh Air (MLW No. 59943 – 3 pages) (Missouri Court of Appeals, Eastern District, Norton, J.) Where a party appealing a directed verdict failed to provide the trial transcript, the appellate court is unable to determine ...

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Labor Relations: Fair Representation – Settlement Funds

Thompson, et al. v. United Transportation Union (MLW No.  59933 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Wollman, J.) Where a union democratically selected an option for distributing surplus settlement funds then implemented the option, the union did ...

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Immigration: Removability – Crime Of Violence – Terror Threats

Olmsted v. Holder (MLW No. 59937 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.) Where a Canadian citizen was convicted of making terrorist threats to police officers after he yelled threats at officers while in the back ...

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Criminal Law: Terry Stop – Bank Robbery – Confession

U.S. v. Sawyer (MLW No. 59939 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.) (1)Where a witness gave police information about a get-away vehicle involved in a bank robbery and a tracking device hidden in the stolen ...

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Criminal Law: Sentence – Actual Loss

United States v. Miller (MLW No.  59934 – 12 pages) (U.S. Court of Appeals, Eighth Circuit, Shepherd, J.) Where the defendant’s presentence report failed to assign an actual loss or intended loss arising out of the defendant’s wire fraud scheme, ...

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Criminal Law: Fraud – Loss Determination

United States v. Hodge (MLW No.  59936 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Riley, J.) Even though an FBI agent did not investigate each one of the 1,762 possibly fraudulent health examinations a paramedical examiner submitted for ...

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Arbitration: Waiver – Inconsistent Acts

Southeastern Studs & Components v. American Eagle Design Build Studios (MLW No.  59935 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Hansen, J.) Where a subcontractor filed suit over nonpayment against a contractor and the contractor litigated the case ...

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Insurance: Uninsured Motorist Coverage – Emotional Distress

Derousse v. State Farm Mutual Insurance Company (MLW No. 59941 – 9 pages) (Missouri Supreme Court, Russell, J.) Where a woman claimed emotional distress under the uninsured motorist provision of automobile policy and said she suffered nightmares, migraines, nausea, diarrhea, ...

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Insurance: Uninsured Motorist Coverage – Ambiguity

Rice v. Shelter Insurance Company (MLW No. 59940 – 10 pages) (Missouri Supreme Court, Fischer, J.) Where a passenger who was injured in an automobile accident with an uninsured vehicle sought the full per-person uninsured coverage amount on his family’s ...

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Criminal Law: Public Defender System – Adequate Representation

State ex rel Missouri Public Defender Commission v. Pratte, et al. (MLW No. 59942– 36 pages) (Missouri Supreme Court, Wolff, J.) (1) Where the Missouri public defender commission enacted a regulation that prohibited public defender services to an indigent person ...

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