Missouri Lawyers Media Missouri legal news and public notices
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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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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