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Courts In Conflict

The Practice Tip in the January 9 issue of Missouri Lawyers Weekly reported an Eastern District case that allowed use of the “savings statute” to permit a lawsuit to be filed after expiration of the statute of limitations when there ...

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Proposed Law Gives Veto Power Over Joint Custody

Bills already introduced in the Missouri Senate and House of Representatives would: * Give either spouse a veto power over joint custody and create a pro se mechanism to enforce visitation rights and collect child support; * Allow partnerships to ...

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Structured Settlements And Workers' Comp

By David N. Rentfrow and Joseph H. Long, CSSC When a workers’ compensation claim goes to trial, the trial is often an effort to obtain a permanency rating, a permanent total award for the injured employee or to determine compensability. ...

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Girl Can't Sue Dead Man For Determination Of Paternity

A girl who claimed she was the daughter of a man who was killed in an automobile accident could not sue the dead man under the Uniform Parentage Act for a determination of paternity, according to the Eastern District of ...

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Concurring Opinions Add Up To Make Work Comp Decision

Where the Labor and Industrial Relations Commission reviewed a workers compensation case involving multiple issues, it didn’t matter if only one of the Commissioners agreed completely with the ALJ, as long as at least two of them agreed on each ...

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Appointment Of Special Master Not Appropriate In Custody Case

Even though a father sought the appointment of a master in a child custody case, because of “calendar congestion,” and the mother did not object, the trial court should not have referred the case to a special master, the Western ...

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How To Use 'Bad Faith' Filing To Beat Limitations Statute

Civil Practice How To Use ‘Bad Faith’ Filing To Beat Limitations Statute Hilda Hurtingbad comes into your office one day before the limitations period will expire on her auto negligence claim against Dipsy Driver. Dipsy is a resident of Greene ...

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Drastic Changes Proposed In Work Comp Legislation

Attorney fees will be slashed, benefits paid to workers will be reduced, and the administration of the workers’ compensation law will be drastically changed if the Missouri General Assembly passes a bill now pending in the Senate. “The bill is ...

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Premises Liability, Condemnation, DWI Cases Going To High Court

Premises Liability, Condemnation, DWI Cases Going To High Court The Missouri Supreme Court has agreed to hear a case questioning the continued distinction between licensees and invitees, setting the stage for what could be a significant change in premises liability ...

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Portable Computer Hardware And Software

The portable (notebook or laptop) computer is an item of hardware that needs to be addressed as a subject of the Sheldon Awards. The specifications are similar to those for the desktop version: a 486DX chip running at 66 mhz; ...

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No Landlord Liability For Fall Over Pipe In Tenant's Yard

A woman who tripped over an exposed sewer pipe in the front yard of her boyfriend’s duplex failed to make a submissible negligence case against the landlord, according to the Court of Appeals’ Eastern District. Although the jury returned a ...

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