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Case To Test Appeal Path From Assoc. Circuit Court

When parties in associate circuit court can appeal and when they must retry their case in the Circuit Court de novo should be decided by the Missouri Supreme Court, according to the Eastern District of the Court of Appeals. The ...

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Missouri Leads Nation In Largest Verdicts

Missouri was the top plaintiff’s venue in the country in 1995, ringing up four of the year’s six biggest jury verdicts. The four top Missouri verdicts all came against large corporations. Two were products liability cases involving defective helicopters and ...

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False Teeth Do Not Invalidate Breathalyzer Test Results

A driver’s failure to remove his false teeth during a breathalyzer test did not render the test inadmissible, according to the Missouri Court of Appeal’s Southern District. The court found the failure was not a departure from Department of Health ...

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Holstein Asks Legislature To Revamp Court Costs

The following is the full text of the State of the Judiciary address delivered by Chief Justice John C. Holstein to a joint session of the General Assembly on January 11, 1996. Lieutenant Governor, Mr. Speaker, members of the General ...

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Public Policy Exception To At-Will Doctrine

Public Policy Exception To At-Will Doctrine Generally a Missouri employer can fire an at-will employee for any reason or no reason, but not when to do so would violate public policy. But what are the relevant “public policies”? Missouri law ...

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Choice Of Venue Shaped By Man's 'Residence' And Not 'Domicile'

A man domiciled in Texas with a home in Missouri where he spent part of the year can be a “resident” of Missouri for venue purposes, held the Missouri Court of Appeals’ Southern District in a case of first impression. ...

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Will Contest Suit Need Not Name Trust Beneficiaries

Two children who sued to contest their father’s will which left his property to a living trust did not have to sue all of the trust’s beneficiaries in their action, says the Eastern District of the Missouri Court of Appeals. ...

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How Prevailing Party Can Gain Expert Witness Fees In Lawsuit

Civil Practice  How Prevailing Party Can Gain Expert Witness Fees In Lawsuit When, if ever, can a prevailing party recover the fees paid out to expert witnesses? Maybe more often than you think. The question is analyzed at length ...

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Supreme Court Transfers

High Court To Face Equity And School District Issues The Missouri Supreme Court accepted transfer of two cases in December. One case presents the question of whether a co-signer on a note is entitled to a jury trial when sued ...

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Wrongful Discharge Claim

Not Pre-Empted By OSHA Two workers who were fired for reporting plant safety violations to the federal government can sue for retaliation under state law even though OSHA provides its own remedy for whistleblowers, according to the Eastern District of ...

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SHELDON AWARDS: Hardware Picks

Software and Hardware Every Lawyer Desiring Opulence Needs The printer of choice is a laser printer with 600 dpi capability. My experience is limited to the Hewlett Packard brand, and I would suggest you purchase the fastest of the LaserJet ...

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