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Author Archives: Geri Dreiling

Civil Practice: Jurisdiction- Notice of Appeal

Even though a plaintiff who filed a federal lawsuit against a uniformed police officer working for a casino alleging false imprisonment, conversion, defamation, violation of civil rights, and intentional infliction of emotional distress had previously lost a lawsuit in state ...

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Criminal Law: Miranda Rights- Threats- Voluntary Waiver

Where the defendant claimed that the police threatened to charge him with obstruction of justice if he did not make a statement, the magistrate did not err in rejecting the claims that the defendant’s statements involuntary  because under the totality ...

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Criminal Law: Sentencing- Predicate Offenses

Where a man who sold .4 grams cocaine to an undercover agent and the next day sold another .28 grams of cocaine to the same agent pleaded guilty to two counts of selling a controlled substance, the offenses were separate ...

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Unemployment Compensation: Denial Of Benefits- Misconduct- Walked Out

Where a claimant of unemployment compensation said he was tired of working in a certain department, clocked out and left a note requesting vacation time, the employer’s policy required vacation time to be approved in advance, and the claimant left ...

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Constitution: Wrongful Death- Medical Malpractice- Noneconomic Damages

(1)Where a health care provider raised in its answer to a wrongful death action a Missouri law that caps noneconomic damages in tort actions against health care providers and the plaintiff raised the constitutionality of the same law after the ...

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Civil Practice: Standing- Affordable Care Act

Where a couple who purchased health insurance challenged Affordable Care Act regulations that required them to obtain, and to provide to their daughters, healthcare coverage for contraceptives, sterilization and abortifacients in violation of their sincerely held religious beliefs, the district ...

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Administrative: Taxation- Charitable Deductions- Agreement To Repay

Where a taxpayer challenged the denial of deductions for charitable contributions that were paid for by advances from his company, the district court’s finding that the taxpayer did not incur bona fide indebtedness was not clearly erroneous since there was ...

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Administrative: Breathalyzer- Waiting Period

Where an officer administered a breathalyzer test which read “invalid” and then failed to comply with an operation manual requirement of a 15-minute observation period  before administering a second breathalyzer test, the trial court did not err when it concluded ...

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Bankruptcy: IRS Employees- Default Judgment

Where Chapter 7 debtors filed an adversary proceeding naming individual IRS employees as defendants, substitution of the United States was proper as the proper party defendant, and the debtors were not entitled to a default judgment against the IRS or ...

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Insurance: Auto Accident- Underinsured Motorist- Offset

Where an insurer challenged an order to pay an additional $100,000 in underinsured motorist benefits to a plaintiffs where the man was injured and his wife killed in an auto accident, arguing that it should be able to reduce its ...

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