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IRS Loses Bank Account Levy

Even though the IRS levied on a delinquent taxpayer’s bank account before the taxpayer filed for bankruptcy, the funds in the account are part of the bankruptcy estate, the U.S. District Court for the Eastern District of Missouri has held. ...

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Physical Exam Is Barred If It Only Goes To Credibility

Where a woman claimed a doctor raped her and sued for battery, the doctor did not have to submit to a physical examination to determine whether he was circumcised, the Missouri Court of Appeals’ Eastern District has held. The court ...

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Criminal Charges Against K.C. Law Firm Reinstated

Criminal charges brought by Missouri Attorney General Jay Nixon against a Kansas City lawyer and his law firm for making a false statement on a gaming license application have been reinstated by the Eastern District of the Missouri Court of ...

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'Prevailing Wage' Statute Goes To Supreme Court

The constitutionality of a statute that requires contractors on public works projects to pay “prevailing wage” rates should be decided by the Missouri Supreme Court, says the Eastern District of the Court of Appeals. The Eastern District asked the high ...

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St. Louis Realtor Socked With Damages For Fraud

One of the largest real estate companies in St. Louis has been hit with over a half a million dollars in actual and punitive damages because of fraudulent misrepresentations made by some of its agents. The agents misled home buyers ...

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Prove What A Garnishee Owes Or Default Judgment Will Be 'Void'

You’ve got a judgment for $750,000 against Tom Tortfeasor but your only hope of collecting is to run a garnishment on the Easy Insurance Company which you think owes Tom a substantial sum. You serve a summons and interrogatories on ...

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Wrongful Death Suit Need Not Name Every Plaintiff

A widow can sue for her husband’s wrongful death even though her petition did not name all potential plaintiffs, the others did not join her lawsuit and she did not prove she had tried to notify them of the lawsuit, ...

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Pending Bills Would Mean Big Changes For Adoptions

Omnibus bills now moving through the Missouri Senate and House of Representatives could mean big changes in the way Missouri adoptions are handled. “If either of these bills is enacted, it would drastically change public policy,” said St. Louis County ...

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Conclusions By Themselves Not Sufficient For Contempt Order

Even though a judge found a man knew the court had ordered him to pay support and found he was able to pay but refused to do so, the court’s contempt judgment was invalid, according to the Western District of ...

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No Joint Liability Where Woman's Spine Hurt In Separate Accidents

A woman who had “successive, yet separate auto accidents” two months apart cannot hold the drivers of the cars which hit her jointly and severally liable for her injuries, says the Western District of the Missouri Court of Appeals. That ...

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My Summer Vacation: How A Solo Does It

My Summer Vacation: How A Solo Does It (This is the seventh in a series of articles on how to run a small law practice in Missouri. The next article will be on “The Library: What Must A Small Firm ...

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