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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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Claim Of Abuse Does Not Require GAL Appointment In Contempt Case

Appointment of a guardian ad litem for a child is not mandatory for every court proceeding in which a parent claims the child has been abused, according to the Missouri Court of Appeals’ Eastern District. The court said a guardian ...

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'Yo-Yo' Is Not Libelous – But What About 'Wacko'?

Did you ever want to call the judge a “yo-yo,” or tell opposing counsel he’s just plain “wacko”? A little name-calling can be therapeutic. It can even be safe (but maybe not prudent) if you use the right names. A ...

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Drinking Boater Released From Claim For Injuries

Drinking Boater Released From Claim For Injuries A boater who was drinking alcohol before he collided with another boat could discharge in bankruptcy the personal injury claims of the people he hurt, because a motorboat is not a “motor vehicle” ...

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'But For' Causation Test Approved In $16 Million Malpractice Case

A $16 million judgment against Cardinal Glennon Hospital and St. Louis University for medical malpractice was affirmed, and the Missouri Supreme Court said the proper test for causation was the “but for” test, which must be applied separately to each ...

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Small Firms Can Make Good Use Of Paralegals

Small firms can make efficient use of paralegals. That’s what Missouri’s paralegals and the attorneys who use them say, and they say it emphatically. The paralegal profession is among the fastest growing occupations in the national economy, according to the ...

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Sovereign Immunity Law Sharply Limits Damages

Despite jury verdicts against the Highway Commission of $500,000 for a woman’s personal injury, and $50,000 for her husband’s loss of consortium, the couple could only have judgments totalling $100,000, because of Missouri’s sovereign immunity waiver statute, according to the ...

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