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Court of Appeals, Western District

Contracts: Corporate Default – Third-Party Pledge – Indemnity

Beeler v. Martin (MLW No. 60081/Case No. WD70746 – 7 pages) (Missouri Court of Appeals, Western District, Welsh, P.J.) Where plaintiffs pledged a certificate of deposit to their son and his business partner for a business start-up loan and the ...

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Administrative: Reverse Briefing Schedule – Pro Se Failure To File – Employee Disqualification List

Ringer v. Missouri Department of Health and Senior Services (MLW No. 60082/Case No. WD70489 – 4 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where a nursing home employee who successfully challenged the listing of her name on the ...

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Unemployment Compensation: Telephone Appeal – Failure To Participate – Good Cause

Weirich v. Division of Employment Security (MLW No. 60057/Case No. WD70891 – 8 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Where an appellant who contested the denial of unemployment benefits appeared for a telephone hearing at her attorney’s ...

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Elections: Ballot Summaries – Circuit Court’s Revision – Eminent Domain

Missouri Municipal League, et al. v. Carnahan, et al. (MLW No. 60056/Case No. WD71224 – 28 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where opponents of ballot initiatives to amend Missouri’s eminent domain provisions challenged fiscal notes and ...

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Drug Possession: Joint Control – Best Evidence Rule

State v. McDaniel (MLW No. 60060/Case No. WD69892 – 8 pages) (Missouri Court of Appeals, Western District, Howard, J.) Even though a defendant and his roommate had joint control of the premises where officers found drugs and the defendant was ...

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Criminal Law: Attempted Stealing – Instructional Error – ‘Deprive’

State v. Richards (MLW No. 60059/Case No. WD70019 – 15 pages) (Missouri Court of Appeals, Western District, Martin, J.) Where a trial court failed to instruct the jury in defendant’s trial for attempted stealing on the legal definition of “deprive,” ...

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Elections: Ballot Summaries – Circuit Court Revision – Eminent Domain

Missouri Municipal League, et al. v. Carnahan, et al. (Case No. WD71224 – 28 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where opponents of ballot initiatives to amend Missouri’s eminent domain provisions challenged fiscal notes and summaries statements ...

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Employer – Employee: Wrongful Discharge – Municipal Employee – Sovereign Immunity

Bennartz v. City of Columbia (MLW No. 60012/Case No. WD70457 – 20 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Even though a jury found that a municipal employee was constructively demoted by the intentional acts of a supervisor, ...

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