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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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Parole Rules Unscathed By Constitutional Challenges

Where a prisoner serving forty years challenged the application of parole guidelines adopted after the date of his conviction and sentencing, the Court of Appeals’ Western District held that the retrospective application of the guidelines did not violate the ex ...

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Policeman's Lawsuit Tests Limits Of 'Fireman's Rule'

Whether a police officer who was injured during a routine visit to a home can sue the homeowners for his injuries caused by a defective stairway, or whether such suit is barred by the “fireman’s rule,” is the issue before ...

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Average Salary of St. Louis Paralegals Rises To $29,300

The average base salary of full-time legal assistants in the St. Louis area climbed from $27,003 last year to $29,300 in 1992 according to a survey by the St. Louis Association of Legal Assistants. Starting salaries have increased from $18,966 ...

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$1.2 M Verdict Based On Unequal Police Protection

The City of Columbia lost a $1.2 million verdict March 18 when a federal court jury found the city had an “official policy” of providing less protection to victims of domestic violence than it provided to other victims of violence. ...

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Court To Decide: Can Employee Of Contractor Sue Landowner?

Whether an employee of an independent contractor “covered” by workers’ comp for an on-the-job injury can also sue the owner of the land on which the employee was working will again be considered by the Missouri Supreme Court. In Owens, ...

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UPA Bars Paternity Action By 6-Year-Old

Even though blood tests were conclusive that a child born to a wife was fathered by someone other than her husband, a suit to establish the child’s real paternity had to be dismissed since the Uniform Parentage Act (UPA), § ...

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'Sandbagging' On GAL Request Among Issues Set For Review

The Missouri Supreme Court accepted transfer of four cases last month, while denying requests to transfer 37 others. Three of the transfers granted were in civil cases; one was a criminal case. The Supreme Court also handed down written opinions ...

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Claims Adjuster Is Not An 'Agent' Of Insurance Company Under Venue Law

Where an insurance company hired an adjuster in the City of St. Louis to investigate claims, the adjuster was not an “agent” of the insurance company under the venue statute, § 508.040, RSMo 1986, so a suit filed by a ...

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Tender Years Doctrine Abolished, Verdict Lost

A $20 million jury award to a four-year-old child, who was injured when hit by a truck, was reversed and remanded last week by the Missouri Supreme Court, and in the process the high court abolished the “tender years doctrine.” ...

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