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Second Injury Fund Owes Death Benefits To Widow

Where a worker who was employed by a company with no workers’ compensation insurance was killed in an on-the-job accident, the Second Injury Fund had a duty to pay not only the funeral expenses, but also a death benefit to ...

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Pre-Suicide Document Held To Create Inter Vivos Trust

A handwritten “Last Will and Testament” left by a man who committed suicide was not a valid will and did not create a testamentary trust, but it did create a revocable inter vivos trust obligating his brother to disburse life ...

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Limited Partners Cannot Sue Law Firm That Acted For Partnership

Where a law firm represents a limited partnership, the firm has no duty of loyalty to the limited partners as individuals and they cannot sue the law firm for malpractice according to the Missouri Court of Appeals’ Eastern District in ...

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MoBar Survey: Lawyers Say Retain All But One Of Judges

Missouri’s lawyers recommend retention of all but one of the 50 judges who must face the voters on November 8. Twenty-nine of the judges received the support of more than 80 percent of the voters who cast ballots. Seventeen others ...

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Mitchell Named President Of MoBar; Bar Adopts Gender Fairness Proposals

The Missouri Bar Association celebrated its 50th anniversary at its annual meeting September 20-24. Nearly 1,000 lawyers and judges attended. The meeting was held in Kansas City in conjunction with the annual meeting of the Missouri Judicial Conference. During a ...

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You're In The Army Now!

No Support For Cadet Ordinarily a child support obligation continues when a child is enrolled in college, but this is not so if the college is West Point according to the Missouri Court of Appeals’ Southern District. The case was ...

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Drug Handicap Not Ground To Set Aside Divorce Decree

A husband who claimed prescription drugs impaired his memory and made it impossible for him to participate meaningfully in his divorce trial failed to get his divorce decree and property division set aside. The reason was that he failed to ...

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Covington Reviews Judicial Initiatives

The following is the full text of the speech delivered by Chief Justice Ann K. Covington at the annual meetings of the Missouri Judicial Conference and The Missouri Bar in Kansas City on September 22. Mr. President, distinguished members of ...

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Widow Loses Homestead Rights To Minor Child

Even though a deceased man was survived by his spouse, his unmarried minor daughter is entitled to receive the homestead allowance and exempt property of his estate, since the widow had waived her right to receive those allowances in a ...

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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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