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Supreme Court Will Review Pre-Conception Tort Action

The Missouri Supreme Court accepted transfer of four cases last month, while denying requests to transfer 43 others. Three of the transfers granted were in civil cases; one was a criminal case. The Supreme Court also handed down original written ...

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High Court Announces New Test For Deciding Summary Judgments

Motions for summary judgment should no longer be denied by trial courts just because there is “the slightest doubt” as to a material fact, the Missouri Supreme Court has ruled in a comprehensive decision that seeks to clarify and explain ...

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When Can You Submit Case On Inconsistent Theories?

Civil Procedure When Can You Submit Case On Inconsistent Theories? Your client has for more than ten years been using a road across his neighbor’s land to reach his home in Sleepy Hollow Subdivision. Now the neighbor has barricaded the ...

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Workers' Comp Coverage Expanded To Include 'Idiopathic' Injury Claims

Reversing 20 years of case law, the Missouri Supreme Court has held that a worker injured on the job when a sudden “dizzy spell” caused him to fall off a truck platform was entitled to workers’ compensation benefits even though ...

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Savings In Costs, Time And Privacy Propel ADR

The utilization of alternative dispute resolution (ADR) in Missouri is growing. “It’s like that little train. I think I can, I think I can, I think I can…,” says Bill Wear, Jr., a Springfield attorney. All indications are that the ...

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New Local Rule To Speed Criminal Dockets In 30th Judicial Circuit

Dear Editor: The 30th Judicial Circuit, serving Benton, Dallas, Hickory, Polk and Webster Counties, is trying a new rule to help move the criminal docket which might be of interest to your readers. The 30th Circuit was the first to ...

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U.S. Supreme Court Extends Application Of Soldiers' Act

A buyer of real estate at a tax sale should beware that the previous owner may have an unlimited period to “redeem” the property if that owner was a member of the military, under a new ruling by the U.S. ...

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Civil Suit Plaintiff Can't Obtain FBI Wiretap Tapes

A plaintiff who filed a civil lawsuit against a defendant for a business deal gone awry could not obtain tapes and transcripts of FBI wiretaps of the defendant’s telephone conversations about the deal, the 8th U.S. Circuit Court of Appeals ...

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Interruption Of Schooling Doesn't End Child Support

A divorced parent cannot avoid the statutory obligation to continue paying monthly support for a child over age 18 but still “attending” school just because the child drops out of high school or college for awhile, the Missouri Court of ...

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Missouri High Court To Consider Additur Law

For the first time the Missouri Supreme Court will consider the constitutionality of Missouri’s additur statute. The case involves a trial court’s refusal to grant additur when a jury awarded only $329,000 to a bank on a bank’s claim that ...

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Drunk Driver's Truck Not A 'Dangerous Instrument' For Sentence Enhancement

A drunk driver who was convicted of involuntary manslaughter by recklessly killing another motorist was not also guilty of armed criminal action the Missouri Court of Appeals’ Southern District has held. The appellate court said the drunk driver’s truck was ...

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