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Court of Appeals, Western District

Civil Practice: Statute Of Limitations – Action For Accounting – Tolling

Krutz, et al. v. Van Meter (MLW No. 60585/Case No. WD71360 – 4 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where plaintiffs filed an action for an accounting against defendant, individually and in his capacity as a personal ...

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Court resurrects malpractice defense after 27 years

Contributory negligence is a bit like Bigfoot. It is rarely seen and even more rarely accepted. Its existence has been in doubt for decades. Judges who thought they saw it eventually convince themselves they saw something else.

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Criminal Law: Post-Conviction Relief – Pro Se Claim – Lack Of Findings

Bode v. State (MLW No. 60556/Case No. WD70311 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a defendant presented evidence on his pro se claim that his counsel was ineffective for failing to file a motion ...

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Criminal Law: Post-Conviction Relief – Sexual Assault – Incapacitated Victim

Cone v. State (MLW No. 60553/Case No. WD70432 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a psychiatrist, who was convicted of sexually assaulting two patients, argued that his counsel was ineffective for failing to challenge ...

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Criminal Law: Routine Checkpoint – Identification Check – Unlawful Seizure

State v. Waldrup (MLW No. 60555/Case No. WD70318 – 8 pages) (Missouri Court of Appeals, Western District, Newton, C.J.) Where police at a routine checkpoint searched the defendant, a passenger, for weapons based on his “furtive” movements, a pat-down search ...

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Negligence: Professional Negligence – Economic Loss – Contributory Negligence Defense

Children’s Wish Foundation v. Mayer Hoffman McCann PC, et al. (MLW No. 60552/Case No. WD70616 – 55 pages) (Missouri Court of Appeals, Western District, Martin, J.) Where plaintiff, a charitable organization, brought a claim of professional negligence against an accounting ...

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Negligence: Sovereign Immunity – Waiver – Self-Insurance Plan

Hendricks v. Curators of the University of Missouri, et al. (MLW No. 60554/Case No. WD70398 – 10 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where plaintiffs filed a medical negligence action against curators of the University of Missouri ...

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Real Property: Condemnation – Good Faith Negotiations – Attorney’s Fees

Planned Industrial Expansion Authority of Kansas City v. Ivanhoe Neighborhood Council (MLW No. 60551/Case No. WD70655 – 16 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Where a trial court found that a city’s Expansion Authority failed to fulfill ...

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