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Court of Appeals, Eastern District

Negligence: Personal Injury – Statutory Employee – Maintenance Work

Olendorff v. St. Luke’s Episcopal-Presbyterian Hospitals (MLW No. 59538/Case No. ED92033 – 7 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Where a construction foreman injured while working at a hospital campus filed a personal injury action against the ...

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Domestic Relations: Maintenance – Motion To Modify – Live-In Partner

Schuchard v. Schuchard (MLW No. 59539/Case No. ED92124 – 5 pages) (Missouri Court of Appeals, Eastern District, Romines, J.) Where a husband moved to modify his $2,500 monthly maintenance obligation based on his ex-wife’s living arrangements with her life partner, ...

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Insurance: Duty To Defend – CGL Policy – Federal Lawsuit

Custom Hardware Engineering & Consulting, Inc. v. Assurance Company of American (MLW No. 59499/Case No. ED91441 – 10 pages) (Missouri Court of Appeals, Eastern District, Norton, J.) Where a competitor of a computer hardware corporation brought a federal lawsuit against ...

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Civil Practice: Necessary Party – Failure To Join – Wrongful Death Action

Komsky, et al. v. Union Pacific Railroad, et al. (MLW No. 59500/Case No. ED91425 – 4 pages) (Missouri Court of Appeals, Eastern District, Richter, P.J.) Where a workers’ compensation insurer held a subrogation lien over payments made to the survivors ...

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Products Liability: Passive User – Firefighter’s Rule – Anticipated Risks

Martin, et al. v. Survivair Respirators, Inc.  (MLW No. 59475 – 20 pages) (Missouri Court of Appeals, Eastern District, Romines, J.) (1) Where a firefighter’s PASS device failed to sound the alarm that a firefighter was motionless for a period ...

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Domestic Relations: Maintenance – Reasonable Needs

Manning v. Manning (MLW No. 59474 – 13 pages) (Missouri Court of Appeals, Eastern District, Cohen, J.) Where a disabled wife who was unable to work claimed monthly expenses of $3,380 and her total monthly income was $1,920.41, she met ...

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Appeals: Notice – LIRC – Timeliness

Gayfield v. Boston Market Corporation (MLW No. 59473 – 2 pages) (Missouri Court of Appeals, Eastern District, Romines, J.) Where a worker filed a notice of appeal of a decision declaring her ineligible for unemployment benefits, the postmarked date of ...

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Real Property: Easement – Trespass – Road Re-Configuration

Schrader, et al. v. Quiktrip Corporation (MLW No. 59421/Case No. ED92171 – 8 pages) (Missouri Court of Appeals, Eastern District, Norton, J.) Where a property owner and restaurant operator claimed interference with an easement and trespass against defendant, which opened ...

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Real Property: Quiet Title Action – Notice – Redemption Period

Hames v. Bellistri (MLW No. 59419/Case No. ED91499 – 8 pages) (Missouri Court of Appeals, Eastern District, Baker, P.J.) Where a buyer who purchased a property at a tax sale incorrectly stated the redemption period in the notice of redemption, ...

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Real Property: Ground Lease – Purchase Notice – Right Of First Refusal

Jewish Center for Aged and JCA Support Co. v. BSPM Trustees, Inc. (MLW No. 59415/Case No. ED91965 – 18 pages) (Missouri Court of Appeals, Eastern District, Draper III, J.) Where a ground lease between a subsidiary and its parent company ...

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