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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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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Law License Is Suspended For Failure To Pay Federal Taxes

An attorney who prepared and filed his own income tax returns but failed to pay the tax for four years was suspended from practice by the Missouri Supreme Court in an original disciplinary proceeding. The decision came December 18 in ...

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Decrease In Dad's Custody Not Subject To 'Endangeement' Test

A court-ordered reduction of a divorced father’s periods of temporary child custody was a “modification,” not a “restriction” of his rights under § 452.400.2, RSMo Supp. 1989, and thus did not require a finding that the child’s health was endangered ...

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Discovery Of Surveillance Video Among Major Issues For Review

The Missouri Supreme Court accepted transfer of four cases in December, while denying requests to transfer 27 others. Three of the transfers granted were in civil cases; one was a criminal case. An additional case that had been accepted for ...

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Drunk Driver Guilty Of Manslaughter For Killing Unborn Child

Where a drunk driver in an auto accident killed the unborn child of a pregnant woman, the fetus was a “person” from “the moment of conception” under Missouri’s abortion law, so the driver was guilty of manslaughter, the Missouri Supreme ...

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