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 ...
Read More »Attorneys: Attorney’s Fees – Fee-Splitting Agreement – Interpleaded Funds
Beck v. Patton (MLW No. 60584/Case No. WD71377 – 8 pages) (Missouri Court of Appeals, Western District, Pfeiffer, P.J.) Where an attorney claimed he was entitled to $11,111 in attorney’s fees earned in a personal injury lawsuit as the result ...
Read More »Negligence: Legal Malpractice – Collateral Litigation – Attorney’s Fees
Collier, et al. v. Manring, et al. (Case No. WD70268 – 12 pages) Where plaintiffs sued their sister as co-trustee of their parents’ trust in a dispute over the distribution of assets and the plaintiffs also brought a legal malpractice ...
Read More »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.
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Read More »Negligence: Sovereign Immunity – Dangerous Condition Exception – Agency Defendant
Shifflette v. Department of Natural Resources (MLW No. 60550/Case No. WD71716 – 6 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a plaintiff, who was injured when she fell leaving a building owned by a state agency, brought ...
Read More »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 ...
Read More »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 ...
Read More »