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Western District Questions Licensee-Invitee Distinction

Even though the Court of Appeals’ Western District followed the distinction between licensees and invitees in a case decided September 27, it suggested that the Missouri Supreme Court review the continued vitality of that distinction. Where a church member went ...

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Supreme Court Transfers

Daughter’s Right To Assert Mom’s Claim To Be Reviewed Missouri’s Supreme Court has agreed to hear arguments on whether a child can sue to recover the medical expenses her mother had to pay for treatment of the child’s injuries caused ...

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Venue Problems Force CT Corp To Set Up Shop In St. L. County

Civil Practice Venue Problems Force CT Corp To Set Up Shop In St. L. County Want to run the CT Corporation out of town? Done. They’ll be out by sundown. Out to Clayton, that is. Actually they are setting up ...

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Filing Civil Action Waives Juvenile Records Privilege

Where a juvenile filed a civil action seeking damages as a result of his arrest and subsequent juvenile court proceeding, he has voluntarily placed those events in issue and has waived his privilege of confidentiality as to the reports and ...

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Hospital Must Show Costs Are Necessary To Get Lien

Where a hospital seeking to enforce its hospital lien against the proceeds of a personal injury lawsuit failed to prove the services it rendered to its patient were reasonably necessary for treatment of the patient’s injury, the hospital was not ...

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After-Acquired Info Can Be Used To Bar Job Bias Claim In Missouri

Even if an employer discriminated when it refused to hire a woman before learning the woman had lied on her job application, after-acquired evidence of the resume fraud justified summary judgment against the woman on her sexual discrimination claim, according ...

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Protecting Intellectual Property Rights: A Copyright Law Primer

By John H. Quinn III Today’s economy, in the United States and globally, places increasing importance on developing and protecting the intellectual property rights of companies and individuals. To the extent the volume of litigation and the size of the ...

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Trust Account Recordkeeping With Quicken

You could set up your trust account in Quicken as a new file, just as you would your separate household bank account or bookkeeping accounts that you maintain in connection with administration of probate estates. But because of much greater ...

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Wrongful Death Statute Said To Cover Death Of Nonviable Fetus

Where a nonviable fetus and its mother both died in an automobile accident, the father of the fetus has a right to bring suit under Missouri’s wrongful death statute against the ones who caused the death of the fetus, in ...

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Nonlawyer Attorney In Fact Not Allowed To File Lawsuit

An attorney in fact under a durable power of attorney may not sign a petition on behalf of his principals if he is not a licensed attorney, because doing so is the unauthorized practice of law, the Southern District of ...

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Clinic Not Liable For Psychologist's Sex With Patient During Therapy

Even though a psychologist engaged in sexual misconduct with a patient, the clinic he worked for was not liable to the patient on a theory of respondeat superior, because the misconduct was not psychological therapy and went beyond the scope ...

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