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Bankruptcy

When Do Unpaid Attorney’s Fees Get Priority In Chapter 7 Case? An attorney’s claim for fees awarded in two previous bankruptcy cases was not given priority status in a later bankruptcy case filed by the same debtors, says the U.S. ...

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Family Court Commissioner's Powers Construed By Court

A family court commissioner exceeded his powers when he entered a full order of child protection without a judge’s approval, the Southern District of the Missouri Court of Appeals has held. This is the first appellate case to consider the ...

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Winning Lawyer: $50 Million Is 'Parking Fine' To Wal-Mart

Comparing a $50 million judgment against Wal-Mart to a parking fine, the Jefferson City attorney who represented a sexual harassment plaintiff says the award is not excessive. Crude sexual remarks by two Wal-Mart employees created a “hostile work environment” in ...

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Worker Struck By Lightning Is Held Covered By Work Comp

A home care aide who was struck by lightning as she worked in the kitchen of a patient’s home is entitled to workers’ compensation, the Labor and Industrial Relations Commission has ruled. Even though lightning is an act of God, ...

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Attorneys' Fee Lien Denied For Defense Of Will Contest

A law firm hired solely to defend against a will contest may not assert an attorneys’ lien against the settlement agreement, the Eastern District of the Missouri Court of Appeals has held. That is because there was no cause of ...

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Confession Of Judgment Doesn't Bar Higher Claim

A defendant’s race to the courthouse to confess a $50,000 judgment after he received a new, higher settlement demand from the plaintiff has been thwarted by the Court of Appeals’ Eastern District. The court said the defendant knew when he ...

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St. Louis Jury Hits Suzuki For $90 Million

A quadriplegic 30-year old woman has won a $90 million verdict against American Suzuki Motor Corp. in a products liability lawsuit. The verdict was returned by a St. Louis jury on July 7 after a two-month trial. Katie Rodriguez was ...

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East And West Agree New SIF Standard Will Be Retroactive

A 1993 statutory amendment changing Second Injury Fund liability in workers’ comp cases should apply retroactively to pending cases, the Western District has agreed. The decision brings the court into line with the Court of Appeals’ Eastern District. The Eastern ...

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Missouri Attorneys Trying Alternative Billing Methods

Bartering, money-back guarantees and fixed fees per segment of work are among the alternative billing methods Missouri lawyers use to attract cost-conscious clients. Other lawyers use statutory minimum fees and variations on a theme of contingent fees and fixed fees ...

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Administrative Suspension Is Bar To Later DWI Prosecution

A man whose driver’s license was suspended for driving while intoxicated cannot be prosecuted later for DWI for the same offense, according to an Independence municipal judge. Prosecution for DWI would constitute double jeopardy in violation of the Fifth Amendment ...

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Goodwill Is Not To Be Included In Valuation Of Consulting Firm

The value of a roofing consulting business as marital property should not have included any element of “Goodwill,” the Eastern District of the Missouri Court of Appeals has held. Under an earlier Missouri case, good-will value may only be calculated ...

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