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Court of Appeals, Eastern District

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Ruling moves diseases out of workers’ comp

To those wondering how much the workers’ compensation landscape has changed, at least two courts have weighed in on one aspect: They held that occupational disease claims are no longer the domain of workers’ comp. Two judges in St. Louis ...

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Unemployment Compensation: Disqualification – Misconduct – Tree Trimmer

Guccione v. Ray’s Tree Service (MLW No. 60121/Case No. ED93097 – 12 pages) (Missouri Court of Appeals, Eastern District, Odenwald, P.J. Where a claimant of unemployment compensation benefits was fired from his job as a tree trimmer over a dispute ...

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Tort: Malicious Prosecution – Abuse Of Process – Advice Of Counsel

Diehl v. Fred Weber, Inc. (MLW No. 60124/Case No. ED92843 – 25 pages) (Missouri Court of Appeals, Eastern District, per curiam) (1)Where a company that proposed a new landfill brought a defamation action against a couple who made flyers calling ...

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Real Property: Boundary Dispute – Municipalities – Remedy

City of Lake St. Louis v. City of O’Fallon (MLW No. 60119/Case No. ED93289 – 15 pages) (Missouri Court of Appeals, Eastern District, Draper III, J.) Where a city brought a declaratory judgment action to resolve a boundary dispute with ...

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Driver’s License: Commercial License – Suspension – One-Year Credit

Addison v. Director of Revenue (MLW No. 60122/Case No. ED93030 – 6 pages) (Missouri Court of Appeals, Eastern District, Draper III, J.) Where a driver who pleaded guilty to driving while intoxicated received a suspended imposition of sentence with two-year ...

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Criminal Law: Post-Conviction Motion – Abandonment – Findings Of Fact

Howard v. State (MLW No. 60120/Case No. ED93170 – 6 pages) (Missouri Court of Appeals, Eastern District, Baker, J.) Even though a defendant’s counsel failed to file an amended motion, she filed a statement asserting that she reviewed the record ...

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Criminal Law: Assault – Brass Knuckles – Demonstrative Evidence

State v. Fasnut (MLW No. 60127/Case No. ED92513 – 8 pages) (Missouri Court of Appeals, Eastern District, Gaertner Jr., J.) Where evidence showed that an assault victim was struck hard enough in the face to cause him to fall to ...

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Civil Practice: Summary Judgment – Failure To Respond – Breach Of Contract

Lyon Financial Service, Inc. v. Harris Cab Company, Inc. (MLW No. 60126/Case No. ED92741 – 3 pages) (Missouri Court of Appeals, Eastern District, Romines, J.) Where an appellant in a breach-of-contract case failed to respond to a request for admissions ...

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Civil Practice: Order Of Protection – Default Judgment – Good Cause

Sastry v. Sastry (MLW No. 60125/Case No. ED92824 – 6 pages) (Missouri Court of Appeals, Eastern District, Draper III, J.) Where a default judgment granting an order of protection was filed against a woman who failed to appear for a ...

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Constitutional: First Amendment – Municipal Ordinance – Real Estate Sales

City of Bellefontaine Neighbors v. Scatizzi (MLW No. 60123/Case No. ED92965 – 7 pages) Where a municipal ordinance prohibited the advertising of real estate unless the owner or agent procured a certificate that the building was in compliance with the ...

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Unemployment Compensation: Notice Of Appeal – Timeliness

Gaddie v. Tipton Textile Rental, Inc. (MLW No. 60095/Case No. ED93946 – 2 pages) (Missouri Court of Appeals, Eastern District, Romines, C.J.) Where a claimant of unemployment compensation failed to file her notice of appeal within 20 days of the ...

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