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Vicarious Liability Of Legal Plan Co. Is Examined

Where a woman sued a prepaid legal plan company and claimed her attorney’s secretary disclosed confidential information to her husband during the divorce proceeding, the trial court should not have dismissed her petition against the company without first giving her ...

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Income Is Not Imputed To Dad In New Business

Where a man went into business for himself with his wife’s consent, after losing his $100,000-a-year job, and his earnings plummeted to $26,000, the trial court at his subsequent divorce should not have imputed income to the man in determining ...

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Poll: Lawyers Nix Mandatory CLE; Favor Court Automation

Mandatory CLE should be abolished. The courts should be automated. And the Missouri Bar should not spend $22,500 on a study of statewide court automation, but should spend $65,000 to survey attorneys regarding the qualifications of judges standing for retention. ...

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Major Probate Revisions On Bar Committee Agenda

Major revisions to the Probate Code and the Nonprobate Transfers Law will be on the table this week when the Probate and Trust Committee of the Missouri Bar holds its spring meeting at the Capitol Plaza Hotel in Jefferson City. ...

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Court OK's Comparative Fault Jury Instruction

Civil Practice Court OK’s Comparative Fault Jury Instruction How do you instruct a jury on comparative fault when there are not only two defendants but two theories of liability? The Missouri Supreme Court answered that question April 26 when it ...

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Woman With 'CFS' Discharges Student Loans In Bankruptcy

A former law student who testified that Chronic Fatigue Syndrome prevented her from working, and that her condition is not expected to improve, could discharge her student loans in bankruptcy, because requiring her to repay the debt would result in ...

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Mother Has No Right To Release Daughter's Civil Damage Claim

Where an 11-year-old child was detained by a merchant for shoplifting candy, the child’s mother had no authority to bargain away the child’s right to sue the merchant for assault and battery without first being appointed as the child’s guardian ...

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Court Automation, Not For Profit Corp. Bills Advance

Measures supported by The Missouri Bar to provide for court automation and to re-write the Not For Profit Corporation Law are among the bills moving through the 1994 General Assembly toward passage. As of April 15, the Senate had approved ...

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Cordless Telephone Not Covered By Wiretap Law

A defendant who was arrested for possession of drugs after his use of a cordless telephone to arrange a drug buy was overheard by a neighbor listening to a police scanner was not protected by the Missouri Wiretapping Act, according ...

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No Perjury Proved In $3 Million Remittitur

No Perjury Proved In $3 Million Remittitur The news story in the April 11 issue headlined “Remittitur of $3.8 Million Stands Even When Testimony False” was misleading in that there was never a court finding that Missouri-Nebraska Express or any ...

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New Courts Administrator Faces Variety Of Duties

Ronald L. Larkin is Missouri’s new State Courts Administrator, replacing Jane Hess, who retired January 21. The Supreme Court appointed Larkin to his new position, and he began work April 1. Larkin will supervise 62 employees in the Office of ...

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