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Massive Overhaul Of Workers' Comp System Sent To Governor

A major revision of Missouri’s workers’ compensation law has been passed by the General Assembly and is now awaiting action by the governor. Senate Bill No. 251, repeals 28 sections of the existing law and enacts 65 new sections. The ...

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Practice Tip

Civil Practice Case Tells How Much Diligence Is Due When Serving Process How much diligence is due in effecting service of process? Here’s a scary case on that point. Your auto accident client comes to you four years after the ...

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Second Bankruptcy Filing Does Not Stay Foreclosure

A bank’s attorney was faced with a new bankruptcy filing 30 minutes before he was to hold a foreclosure sale authorized in an already pending bankruptcy case. He decided to proceed with the sale and risk violation of the automatic ...

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'Constructive Abandonment' Bars Claim In Wife's Estate

Where a husband’s verbal abuse and lack of affection caused his wife to live apart from him for 16 years, “constructive abandonment” barred his claims against her estate for homestead and exempt property allowances, the Missouri Court of Appeals has ...

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Appeals Court Eases Test To Allow Use Of 'Contention' Interrogatories

Whether a plaintiff must answer a so-called “contention” interrogatory is a matter within the trial court’s discretion and not the subject of a ‘hard and fast rule,’ the Missouri Court of Appeals has held. Contention interrogatories request “all facts known ...

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Covington To Begin Term As Missouri Chief Justice

The Missouri Supreme Court will continue to push for automation and an increase in public awareness of the judicial system under the leadership of Judge Ann Kettering Covington, who begins a two-year term as Chief Justice July 1, 1993. “We ...

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Submitting On Inconsistent Theories Still A Possibility

Civil Practice Submitting On Inconsistent Theories Still A Possibility Recently the Missouri Supreme Court said that you can’t submit two separate theories of recovery to a jury where proof of one theory would necessarily disprove the other theory. The theories ...

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Tort Of Criminal Conversation Slated For High Court Review

The Missouri Supreme Court accepted transfer of four cases last month, while denying requests to transfer 46 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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Circumstantial Evidence Rule Is Discarded By State Supreme Court

The Missouri Supreme Court threw out the Circumstantial Evidence Rule last week when it affirmed a defendant’s convictions for murder, robbery and armed criminal action based on the circumstantial evidence of defendant’s “bloody” fingerprint found in the victim’s wallet. As ...

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Appeal Is Late Even If Within 30-Day Period Of Judgment

Appellate Practice Appeal Is Late Even If Within 30-Day Period Of Judgment When does a judgment become “final” for purposes of counting your 10 day period in which to file a notice of appeal? One important aspect of this problem ...

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Landowner May Be Liable To Police Officer

Where a police officer was injured when stairs collapsed during a routine building check, the “firefighter’s rule” does not bar his suit against the landowners, the Missouri Supreme Court has held. This is because the firefighter’s rule only applies in ...

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