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Landlord-Tenant Relations May See Major Changes By 7 Pending Bills

Landlord-tenant relations and lease disputes are the subject of seven bills pending in the General Assembly. The bills cover a wide range of subjects, including: *Landlords’ rights when tenants abandon property; *Landlords’ remedies against “drug houses”; * Tenants’ protection against ...

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Settlement With One Party Can Be Kept From Jurors

A plaintiff in an auto accident case did not have to tell the jury that she had settled with one defendant who was still participating actively in the case. This was because the deal was not a true “Mary Carter” ...

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Lawyers Get Lien For Both Defense And Offense Work

If a lawyer only defended a client, he may not enforce an “Attorney’s Lien,” says the Court of Appeals in interpreting Section 484.130, RSMo. However, if he filed a Counterclaim, this is sufficient to satisfy the statute where money and ...

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Supreme Court Accepts Cases

Supreme Court Accepts Cases Cases taken on transfer February 21 by the Missouri Supreme Court will consider these questions: * Is prejudgment interest justified where the settlement demand to the insurance company was for “policy limits” rather than specifying a ...

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New Legislation Proposed Since Start of '95 Session

New Legislation Proposed Since Start of ’95 Session More bills affecting the day-to-day practice of law in Missouri have been introduced in the General Assembly since Missouri Lawyers Weekly last reported on pending legislation in the issue of January 16. ...

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Driver With $10,000 Insurance Policy Held To Be 'Uninsured'

Even though a negligent driver had liability insurance of $10,000 per person she was an “uninsured” motorist, according to the Western District of the Missouri Court of Appeals. As a result, the person she injured could sue his own insurance ...

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Guardsman On Training Not Eligible For Workers' Comp

A National Guardsman hurt during his two-weeks annual training is not entitled to workers’ compensation benefits, says the Missouri Supreme Court. That is because the guardsman had not been ordered to active duty by the governor at the time he ...

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Husband Can Still Sue Even After Wife Loses

A husband can still sue for loss of consortium and his own injuries even though his wife has already lost her lawsuit for damages from the same accident, according to the Eastern District of the Missouri Court of Appeals, en ...

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17 Driver's License Cases Overruled; Review Is Eased

Drivers who fail to name the Director of Revenue as a party to their actions to review suspension or revocation of their licenses will no longer see their cases fail for lack of subject matter jurisdiction, said the Missouri Supreme ...

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'Whistleblower'

Worker With Contract Has No Wrongful Discharge Suit A “whistleblower” who claimed retaliation by the university for which he worked could not sue for wrongful discharge, said the Missouri Supreme Court. This was because he had a contract and was ...

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Judge Socks Lender For Speedy Loan Default

A mobile home dealer who was forced out of business has been awarded $12 million against its “floor plan” lender by Franklin County Circuit Court Judge Jeff Schaeperkoetter. The lender declared its loan in default when the dealer could not ...

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