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Ethical Challenges Face Attorney Fee Agreement

An attorney fee agreement that covered representation on both a mother’s and a child’s claims arising from injury to the child was construed to permit an attorney to collect fees from the mother totalling 56 percent of her settlement and ...

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Allocation Of Lawyer Fees Between Two Clients Results In Difficulties

A lawyer who represents a mother in her own capacity and in her capacity as her injured child’s guardian and next friend, has a built-in problem when it comes to allocating settlement funds and attorney fees between the two claims. ...

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Vandals' Act Tests Scope Of Coverage Under Policy

Where vandals opened a water spigot, causing 14,000 gallons of water to flood a home, the damage they caused was covered by the vandalism endorsement of the homeowners’ insurance policy, even though the policy contained an exclusion for damage caused ...

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No Support Owed While Others Care For Child

Where a mother left her son in the care of her parents, who voluntarily supported the boy for about 10 years with little help from either of the boy’s parents, the mother was not entitled to collect back child support ...

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Auto Co. Can Be Sued For Absence Of Airbag

Where a woman claimed she suffered injuries in a car wreck because the car she was driving did not have an airbag, her common law claim against the manufacturer of the car was not preempted by a federal auto safety ...

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Computers In The Law Office

We interrupt this episode of Computer Productivity to bring you a news bulletin from Orem (Utah). WordPerfect Corporation announces the immediate availability of Version 5.1+ for DOS. This is an upgrade to the venerable (as computer programs go) Version 5.1 ...

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Med Records Not Required For Access To Courthouse

A local court rule which required a corrections facility to produce an inmate’s medical records for in camera inspection prior to the prisoner’s appearance in court was an unconstitutional invasion of the prisoner’s right to privacy, according to the Western ...

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Third-Party Practice No Way To Beat Limitations

Civil Practice Third-Party Practice No Way To Beat Limitations The quicksands surrounding third-party practice just got quicker. In a nutshell, if you are going to file suit, name all possible defendants at the outset and don’t rely on the vagaries ...

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Supreme Court Transfers

Damages, Evidence Issues Are Docketed For Review The Missouri Supreme Court has granted applications to transfer cases involving the following issues: * What damages may a plaintiff recover in a wrongful conception case? * How should the proceeds of a ...

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Deficiency Judgment Is Lost When Notices Returned 'No Such Address'

Where a bank’s mailed notices to an aunt who co-signed her nephew’s car loan were returned marked “no such address,” and the bank did not mail notices to the aunt’s known place of employment, the bank’s sale of the nephew’s ...

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Legislative Highlights

Legislature Passes Four Bills Backed By MoBar Four pieces of legislation promoted by The Missouri Bar passed the Missouri General Assembly this year, together with other bills affecting maintenance, business records, medical records, trusts, beneficiary deeds, guardianships, courts, and sexual ...

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