Missouri Lawyers Media Missouri legal news and public notices

Where a woman, who was injured in a fall from a porch when a railing broke, sued the property owner for premises liability, the plaintiff was a licensee on the property, and she did not produce evidence that the owner ...

Tagged with: Actual Knowledge Dangerous Condition premises liability

Where a city employer challenged the grant of death and burial benefits under the Missouri Workers’ Compensation Act to the wife of a deceased employee, competent evidence established the required nexus between the decedent’s occupational exposure to carcinogenic fumes, smoke ...

Tagged with: Death Benefits Firefighter Decedent Occupational Disease

(1)Where plaintiff car buyers secured a judgment in an action alleging fraudulent misrepresentation under the Missouri Merchandising Practices Act against defendants and the defendants’ insurer was sued after denying coverage of the original MMPA action, an equitable garnishment judgment entered ...

Tagged with: Covered Occurrence equitable garnishment Sanctions

Where appellant challenged the finding that he was a sexually violent predator, the trial court did not abuse its discretion in refusing to enter his proposed jury instruction limiting hearsay because the instruction failed to acknowledge that substantial portions of ...

Tagged with: hearsay Jury Instruction probate SVP Determination

Where a defendant in a drug and firearm case challenged the denial of a motion to suppress, arguing that a search warrant did not authorize the search of the garden, the trial court properly found that the garden was located ...

Tagged with: Criminal Law curtilage Scope Of Warrant Search

  Where a defendant argued that his counsel was ineffective for failing to object to certain jury instructions, the amended Rule 29.15 motion was filed four days after it was required to be filed, so the motion was untimely, and ...

Tagged with: Abandonment Criminal Law effectiveness of counsel Post-Conviction Relief

Where the state challenged the grant of a petition for expungement for respondent’s 2010 conviction for peace disturbance, arguing that the time frame that should be considered is the three years following the completion of the sentence for each conviction ...

Tagged with: Criminal Law Expungement Time Period

Where a defendant in a domestic-assault case argued that the trial court erred in failing to intervene when a witness offered allegedly improper character and propensity testimony when the witness said he assumed the defendant “had a court date somewhere,” ...

Tagged with: Character Evidence Criminal Law Propensity Evidence Uninvited Reference

Where a genealogy service, which was sued by plaintiffs who claimed that their private health information was released without permission, sought to compel arbitration, the parties delegated threshold questions of arbitrability to the arbitrator, and the trial court erred in ...

Tagged with: Arbitration Consideration Delegation Provision Motion To Compel

Where the Real Estate Commission challenged the Administrative Hearing Commission’s grant of a probationary license to an applicant for a Missouri real estate sales license, the trial court’s judgment reversing the decision is reversed because the grant of the probationary ...

Tagged with: Administrative Denial Of Application Probationary License Real Estate Sales License

Where a trial court dismissed a defendant employer’s motion to dismiss in an age-discrimination action, agreeing with the employer’s argument that the court lacked subject-matter jurisdiction because there was not an allegation in the petition that the plaintiff had received ...

Tagged with: MHRA Right-To-Sue Letter Subject Matter Jurisdiction