Missouri Lawyers Media Missouri legal news and public notices
The Missouri Supreme Court will decide whether a highway construction contractor can use the “acceptance doctrine” to avoid liability for injury which began before a project was accepted by the state. The Court of Appeals, Eastern District said “no” because ...
Read More »Comp Statute Bars ALJ From Reinstating A Dismissed Case
An administrative law judge did not have authority to reinstate workers’ compensation claims after she dismissed them, according to the Missouri Court of Appeals’ Eastern District. That is because the workers’ comp statute gives an ALJ “no jurisdiction whatsoever” to ...
Read More »Sexual Harassment Suits Become 'Growth Industry'
Three jury verdicts on sexual harassment claims in the last six weeks demonstrate the broad sweep of newly-discovered remedies available under Title IX of the Educational Amendments of 1972. A UMKC dentistry student won a $65,000 verdict against the Curators ...
Read More »Sovereign Immunity Doesn't Bar 'Patient – Dumping' Suit
Where a city hospital refused to treat an emergency patient for insurance reasons, the hospital was not protected by sovereign immunity when the patient sued under the federal “patient-dumping” statute, according to the Missouri Court of Appeals’ Western District. The ...
Read More »Covered: Accident Going To Work In Company Car
An employee who was killed while driving a company car to work was entitled to workers’ compensation benefits, according to the Missouri Court of Appeals’ Eastern District. This is so despite the general rule that trips “going to or coming ...
Read More »Expert Can Attack Interview In Sexual Abuse Prosecution
A man charged with sexual abuse of a child may use expert testimony to attack the interviewing techniques of the state’s witnesses, the Missouri Court of Appeals’ Eastern District has held in a case of first impression. The defendant may ...
Read More »These Lawyers' Flights Are More Than Fanciful
Frustrated by the hassles of flying commercial to get to an out-of-town deposition? Or driving 100 miles across Missouri for a hearing? Maybe you should fly your own airplane. Springfield attorney Lynn C. Rodgers has done it for years. He ...
Read More »Notice Of Appeal Filed Long Before Decree Amended Is Not Defective
Even though the judgment attached to a notice of appeal was amended three months later, the notice still conferred jurisdiction on the appellate court, according to the Missouri Supreme Court. This is because the original decree “appeared to dispose of ...
Read More »Unemployment Comp Pleading Not Required To Name Defendant
A worker who sought judicial review of his unemployment compensation claim did not have to identify as a defendant the hospital he had worked for, the Missouri Supreme Court has ruled. Even though a statute requires the employer “be made ...
Read More »Damages Cap Bars Interest On Judgment Against State
A farmer who won a $100,000 personal injury judgment against the state highway commission cannot collect prejudgment interest because it would exceed the statutory cap on damages against the state, the Western District of the Missouri Court of Appeals has ...
Read More »How To Handle 300 Cases A Year For $167 Each
Would you handle a criminal defense for under $200? The Missouri Public Defender System does it all year long. In fact, the “typical defender” in the system’s Trial Division handled about 300 criminal cases last year – 62 percent of ...
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