The state’s trial court system needs to be automated, Missouri’s Chief Justice told the state’s General Assembly January 7 in the annual State of the Judiciciary address. Chief Justice Edward D. Robertson Jr. called on legislators to pass a bill ...
Read More »Court Says `Audiologist' May Not Testify To Cause of Hearing Loss
An expert with a Ph.D. in “audiology” was not competent to testify that the cause of an injured plaintiff’s hearing loss was excessive workplace noise caused by the defendant , the Missouri Court of Appeals has held in a case ...
Read More »Automation Of Trial Dockets Is Sought By Chief Justice
By Bryan Hettenbach The state’s trial court system needs to be automated, Missouri’s Chief Justice told the state’s General Assembly January 7 in the annual State of the Judiciciary address. Chief Justice Edward D. Robertson Jr. called on legislators to ...
Read More »High Court Picks 11 Circuits For Cameras-In-Courtroom Test
Cameras have arrived in Missouri’s trial courts. The Missouri Supreme Court on January 13 selected 11 of the state’s 44 judicial circuits to participate in a two-year cameras-in-the-courtroom “experiment.” The designated circuits, which include both urban and rural areas, are ...
Read More »One College Class Extends Child Support Past Age 18
An unwed father could not avoid the statutory obligation to continue paying monthly support for a child over 18 but “regularly attending” college even though his 18-year-old daughter was enrolled in only one class at a community college, the Missouri ...
Read More »Work Comp System May Get Sweeping Overhaul
Adding a requirement that doctors who evaluate workers’ comp claimants be specialists and eliminating the requirement that corporations be represented by an attorney are just two of a long list of recommendations for overhauling Missouri’s workers’ comp system made to ...
Read More »Use Simple Names For Parties When Writing Briefs
Appellate Practice Use Simple Names For Parties When Writing Briefs Attorneys who write appellate briefs in domestic relations cases should refer to the parties by generic designations, such as “Husband” and “Wife,” the Missouri Court of Appeals’ Eastern District has ...
Read More »Worker's Widow Gets Comp Benefits After Statute Has Run
Where an employer, who had not filed a report of worker’s death, made payments to a funeral home, the statute of limitations was tolled, and the widow’s claim for workers’ compensation benefits was allowed. That was because the payment was ...
Read More »New Legislature Eyes Work Comp, Med-Mal, Joint Custody, Probate
New Legislature Eyes Work Comp, Med-Mal, Joint Custody, Probate The Missouri General Assembly began its 1993 legislative session last week. Among issues affecting attorneys, perhaps first on the list was the beleaguered workers’ compensation system. Predictions were made of the ...
Read More »20-Year_old Claim Of Sex Abuse Presents Issue For Supreme Court
The state Supreme Court will decide the constitutionality of a law that allows adult victims of childhood sexual abuse to file suit years after they discover repressed memories of the abuse. In October, Circuit Judge Byron Kinder of Cole County ...
Read More »Courts Differ As To Expert Testimony On Issue Of Fault
Evidence Courts Differ As To Expert Testimony On Issue Of Fault Question: When can an expert testify in a Missouri court that in his opinion a party was “negligent”? Answer: When you try your case in the Western District and ...
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