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Court of Appeals, Western District

Oct 29, 2009

Contracts: Conversion – Return Of Money – Check

Moore Equipment Company v. Callen Construction Co., Inc. (MLW No. 59789/Case No. WD70011 – 8 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where the holder of a valid warranty on a tractor brought an action for conversion after the insurer mistakenly sent a check covering tractor repairs to the seller of the tractor […]

Oct 29, 2009

Civil Practice: Attorney’s Fees – Paternity Action

Amburn v. Aldridge (MLW No. 59788/Case No. WD70159 – 8 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where a trial court awarded appellate attorney’s fees to a petitioner in a paternity action after the issuance of the appellate court’s mandate and without an earlier motion seeking fees, the appellate court’s mandate awarding the […]

Oct 29, 2009

Civil Practice: Standing – Bankruptcy Trustee – Statute Of Limitations

Webster v. OTWO I, Inc., et al. (MLW No. 59785/Case No. WD70478 – 7 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where a bankruptcy trustee filed an action against the employer of a Chapter 7 debtor within one year of dismissal of the debtor’s own personal injury action against the employer but seven […]

Oct 15, 2009

Domestic Relations: Parenting Plan – Modification – Authority To Third Party

Traxel v. Traxel (MLW No. 59747/Case No. WD70121 – 9 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Where a trial court modified a parenting plan to allow a disabled child’s “team of doctors” to make her medical decisions, the grant of authority was too vague and indefinite to be enforceable. Judgment is reversed […]

Oct 15, 2009

Civil Practice: Order Of Protection – Stalking – Familial Relationship

H.K.R. v. Stemmons (MLW No. 59746/Case No. WD70560 – 6 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Where a man against whom an order of protection was entered was not related to the alleged stalking victim, the protective order was improper because the statute requires a familial relationship, and the man’s act of […]

Oct 13, 2009

Criminal Law: Effectiveness Of Counsel – Mental Health Evidence – Sentencing Phase

Vaca v. State (MLW No. 59748/Case No. WD69004 – 39 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a defendant convicted of robbery and armed criminal action argued that his trial counsel was ineffective during the sentencing phase of the trial for failing to call a psychologist who would have testified about the […]

Oct 8, 2009

Contract: Promissory Note – Damages – Mutual Mistake

Simpson v. Simpson (MLW No. 59736/Case No. WD69810 – 16 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where a father brought claims of breach of a promissory note and anticipatory repudiation against his son in connection with the sale of the family business from father to son and the son counterclaimed for unjust […]

Oct 2, 2009

Appeals court gets second round of HIPAA

To understand why the parameters of HIPAA have caused so much trouble for the plaintiffs’ and the defense bar alike, you have to think fourth dimensionally. Sixteen years ago, before the Health Insurance Portability and Accountability Act was a twinkle in Congress’ eye, the Missouri Supreme Court issued a pair of not-too decisive decisions on […]

Oct 1, 2009

Workers’ Compensation: Finality Of Judgment – Personal Injury Claim – Exclusive Remedy

Treaster, et ux. v. Betts, et al. (MLW No. 59723/Case No. WD69794 – 5 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where an injured worker sued a manager of his employer and unknown defendants and the trial court granted a motion to dismiss filed by the manager based on the exclusivity of the […]

Oct 1, 2009

Probate: Incapacitated Individual – Private Counsel – Motion To Disqualify

Schieber v. Schieber (MLW No. 59719/Case No. WD70095 – 11 pages) (Missouri Court of Appeals, Western District, Howard, P.J.) Where a court-appointed counsel for an incapacitated person filed a motion to disqualify a private counsel who had filed an entry of appearance and who had represented the incapacitated person’s sister in a motion to remove […]

Oct 1, 2009

Insurance: Reinsurance Agreement – Receivership – Prioritization Of Claims

J.C. Penney Life Insurance Co. v. Transit Casualty Company in receivership (MLW No. 59722/Case No. WD69819 – 15 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a plaintiff that filed a proof of claim against a receivership objected to the classification of its claims as Class 5 general creditor claims, the trial court […]

Oct 1, 2009

Insurance: Default Judgment – Bankruptcy Filing – Post-Judgment Interest

Lunde v. American Family Mutual Insurance Company (MLW No. 59721/Case No. WD69886 – 8 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where plaintiff obtained a default judgment against a defendant in a personal injury action and the defendant filed a bankruptcy action, the defendant failed to file a timely motion to set aside […]

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