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Court of Appeals, Western District

Civil Practice: Voir Dire – Juror Non-Disclosure – Clear Question

Fielder v. Gittings (MLW No. 60267/Case No. WD70212 – 17 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.) Where three jurors in a personal injury, auto accident case were asked a clear question about their involvement in prior ...

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Civil Practice: Statute Of Limitations – Savings Period – Negligence Action

Molder v. Trammell Crow Services, Inc. (MLW No. 60262/Case No. WD70926 – 8 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Where a plaintiff in a negligence action timely filed a second amended petition that properly stated a claim ...

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State arts funding isn’t guaranteed, court rules

State appellate judges have deemed unconstitutional a request from the Kansas City Symphony to force the Legislature to transfer money to the Missouri Arts Council Trust Fund.

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Appeals: Timeliness – Dismissal

State of Missouri v. Trotter (MLW No. 60209 -7 pages) (Missouri Court of Appeals, Western District, Newton, J.) Where the trial court dismissed an inmate’s pro se motion for post conviction relief on Aug. 4 on the grounds that it ...

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Muni judges ruled ‘independent contractors’

Municipal judges in Kansas City are appointed by the City Council, show up for work each day at a city-owned courthouse and receive a city-issued paycheck every two weeks. Nonetheless, city officials have little to no say in how municipal ...

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A full bench once again

Gary Witt [far left] was informally sworn into the Western District Court of Appeals on Thursday.

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Workers’ Compensation: Compensable Injury – Credibility Determinations – Commission Authority

Snyder v. Consolidated Library District No. 3 and Guarantee Insurance Company (MLW No. 60194/Case No. WD70641 – 8 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where the Labor and Industrial Relations Commission reversed an award of workers’ compensation ...

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Taxation: Sales Tax – Electricity Sales – Revenue Law

City of Kansas City v. Director (MLW No. 60193/Case No. WD71019 – 7 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where a city’s aviation department leased airport facilities to tenants, and the Administrative Hearing Commission found that the ...

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Real Property: Restrictive Covenants – Right Of First Refusal – Waiver

Blue Ridge Bank and Trust Co. v. Trosen, et al. (MLW No. 60202/Case No. WD69880 – 11 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where potential buyers of real estate claimed they had preemptive right under the property’s ...

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