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Dealership Does Not Create Venue For Suing Manufacturer

Two St. Louis boat dealers who had sales and service agreements with a boat motor manufacturer weren’t agents of the manufacturer, so St. Louis was not a proper venue for a customer’s wrongful death claim against the manufacturer, the Missouri ...

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Deathbed Marriage Not Valid Without License

The deathbed wedding ceremony of a man and woman who never obtained a marriage license was not valid, and the marriage was void ab initio, according to the Western District of the Missouri Court of Appeals. The “widow” therefore had ...

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Practical Tips On Using LLCs

Limited liability companies are coming to Missouri in 10 days. Until 1989, only two states recognized LLCs, but now they are approved in 37 states, and proponents say LLCs will be the entity of choice for most small businesses within ...

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Criminal Defendant May Not Use Race-Based Jury Strikes

The conviction of a black criminal defendant who could not articulate race-neutral reasons for using all of his peremptory challenges to strike white venirepersons was proper, when the trial court refused to allow one of the strikes, the Eastern District ...

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Intent Of Judge Determines Time When Judgment Becomes 'Final'

Appellate Practice Intent Of Judge Determines Time When Judgment Becomes ‘Final’ You have ten days after a judgment becomes final to get your notice of appeal filed. A judgment becomes final 30 days after it is entered. But when is ...

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Child Molester's 'Intent' Defeats Policy Coverage

Intent to harm the victim is necessarily inferred in all cases of sexual molestation of a minor in Missouri, regardless of the subjective intent of the perpetrator, the U.S. Eighth Circuit Court of Appeals has ruled in a case of ...

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Stipulation Of Facts Requires Clear Wording

Civil Practice Stipulation Of Facts Requires Clear Wording As To Coverage A “Stipulation of Facts” is binding as to any proceeding intended by the parties, but it is not always clear what proceeding was intended. Suppose suit is filed and ...

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Supreme Court Transfers

Supreme Court Denies 48 Of 51 Transfer Requests The Missouri Supreme Court denied 48 of the 51 requests for transfer on which it ruled October 26. The court granted transfer on three of 32 applications in civil cases, and it ...

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Poorly Lit Freeway Leaves Highway Commission Liable

Survivors of a man killed in a car wreck on a dark urban highway could sue the highway commission for wrongful death, because the commission’s own design manual called for installation of continuous lighting at the accident scene, the Court ...

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Lawyer Sues State Official Over Sales Of Revised Statutes

A Springfield attorney is suing the state’s Revisor of Statutes in an effort to prevent the revisor from copyrighting Missouri statutes and charging more for the statutes than is allowed under Missouri’s Sunshine Law. The suit was filed by Springfield ...

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Party Need Not Name Self As Own Expert Witness

An engineer involved in a wreck with a motorcyclist did not have to identify himself as an expert witness before trial, but could testify on his own behalf about his mathematical calculations concerning the accident, the Eastern District of the ...

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