Missouri Lawyers Media Missouri legal news and public notices

Where an automotive group, which was a defendant in a class action arising from its sale and marketing of hail-damaged vehicles as “brand-new” and “factory-fresh,” challenged the denial of its motion to stay a class action and compel the parties ...

Tagged with: Arbitration class action Purchase Contracts

Where in a dispute regarding an unpaid loan in which the district court entered judgment in favor of the estate of the woman who made the loan, the court correctly instructed the jury on the elements of fraudulent concealment under ...

Tagged with: fraud Proper Party in Interest Statute Of Limitations

Where appellant challenged the dismissal with prejudice of her petition against respondent and a bank for claims including conversion and fraud, the dismissal by docket sheet entry did not meet the requirements of Rule 74.01(a) and was not a judgment, ...

Tagged with: Dismissal Docket Sheet Entry jurisdiction

(1)Where appellant land owner challenged a judgment awarding him $573,000 as compensation for the condemnation of his property and assessing $21,207 in costs against him, the presiding judge had authority to specially assign the action to another judge, so the ...

Tagged with: condemnation Judge Request

Where a plaintiff, who was injured when shipped goods fell on him from a trailer that he was driving, sued the seller of the goods and a shipper, the Carmack Amendment does not preempt state-law personal injury claims, even if ...

Tagged with: Carmack Amendment Personal Injury Claim Preemption

Where a law firm that was fired from a personal injury case sought to recover attorneys’ fees in quantum meruit, the district court properly found that the law firm’s services did more harm than good to the case when it ...

Tagged with: Attorney's fees Contingency Fee Quantum Meruit

Where prison inmates brought a putative class action against a company that provides telephone services to correctional facilities, arguing that the rates and fees were unjust under the Federal Communications Act, the district  court did not err in decertifying the ...

Tagged with: Arbitration Class Decertification unjust enrichment

Where appellants challenged a permanent injunction prohibiting them from operating a commercial swimming facility on their property until certain safety conditions were met, the trial court did not err in concluding that appellants’ operation of the facility was a public ...

Tagged with: Injunction Public Nuisance

Where appellant filed a timely Rule 51.05 application for an automatic change of judge before the trial court entered judgment in favor of respondent on the respondent’s petition to strike a lien placed by appellant on her former home, which ...

Tagged with: change of judge Missouri Supreme Court Rules

Where appellants including the highway patrol challenged a judgment granting petitioner’s request to have his name removed from the state’s sex offender registry, the meaning of the upgrade provision for repeat tier I offenders is an issue of first impression, ...

Tagged with: Removal Of Name sex offender registry

Where appellant challenged a judgment against her on banks’ claims against her for liability on two promissory notes and related deeds of trust purportedly executed by her and her then-husband in her name and secured by a home solely owned ...

Tagged with: Agency Promissory Note Dispute Ratification