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Drivers License Reinstatement Cases Are Sent To High Court

Four cases of drivers who neglected to name the Director of Revenue as a defendant when they filed petitions for reinstatement of their driving privileges have been transferred to the Supreme Court by the Eastern District of the Missouri Court ...

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Attorney Fees Slashed In Work Comp Death Cases

Calling a request for a $45,000 fee “unconscionable,” the Labor and Industrial Relations Commission approved a fee of $1,500 for an attorney who handled a workers’ comp death case. In a second death case the Commission denied a request for ...

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Stroke One Week After Injury Is Compensable

A worker who suffered a major stroke while undergoing an angiogram a week after his on-the-job accident is entitled to workers’ compensation benefits for his injuries and medical expenses caused by the stroke, the Court of Appeals’ Eastern District has ...

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Doctor Fails In Attempt To Bar Order Of Medical Board

A treating doctor, who was also a member of the Missouri Board of Registration for the Healing Arts, filed a complaint with the board stating the defendant’s doctor in a civil suit was either “incompetent or simply lying” in his ...

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Legislative Roundup

Court Automation, Medical Records Top ’94 Legislation Governor Mel Carnahan signed 177 of the 183 bills passed by the Missouri General Assembly in the legislative session which ended in May. All of the new laws, except 13 which contained an ...

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Homestead Exemption Held Self-Enforcing

Where holders of mechanic’s liens attempted to seize and sell the homestead of their debtors, the debtors had a right to the homestead exemption, even though they had not filed a verified claim for their exemption, because the homestead exemption ...

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Special Prosecutor's Fees Are Not Taxable As Costs

Where a special prosecuting attorney was appointed to try a criminal case, it was improper for the trial judge to order the defendants to pay the fees of the special prosecuting attorney, according to the Southern District of the Missouri ...

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Heirs To Lose $500,000 To Survivor Of Joint Account

Probate Heirs To Lose $500,000 To Survivor Of Joint Account “As long as the law of joint accounts retains its present posture, depositors and their advisors will do well to make sure that the consequences and dangers of joint accounts ...

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Pilot's Survivor May Collect Life Insurance Despite Exclusion Clause

The widow of a man killed while piloting his helicopter may be able to recover accidental death benefits under two life insurance policies, even though the policies contain aviation-related exclusion clauses, the Court of Appeals’ Eastern District has ruled. The ...

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State's Motion Fails To Get Punitives Paid To Tort Fund

Where a woman won a punitive damage judgment against utility companies in federal court, and the companies paid approximately $34,000 of the punitive damage award into the court for distribution to the Missouri Tort Victims Compensation Fund, the trial court ...

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Gun-Limiting Ordinance OK Under Missouri Constitution

Where a man toted a loaded and plainly visible handgun as he drove around town on his motorcycle, the man’s conviction for violating a city firearms ordinance was not unconstitutional, and was affirmed by the Eastern District of the Court ...

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