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 ...
Read More »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 ...
Read More »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 ...
Read More »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 ...
Tagged with: ballot language eminent domain
Read More »Domestic Relations: Maintenance – Reasonable Needs – Depletion Of Assets
Coffman v. Coffman (MLW No. 60058/Case No. WD70028 – 10 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a wife had no separate property and the husband depleted most of the parties’ assets during the marriage and the ...
Tagged with: maintenance Marital Property
Read More »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 ...
Tagged with: Joint Control
Read More »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,” ...
Read More »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 ...
Tagged with: ballot initiative election eminent domain Missouri Municipal League Robin Carnahan secretary of state
Read More »Nursing home rates case comes to close
The Missouri Court of Appeals Western District has ended a four-year dispute over Medicaid reimbursement rates for nursing homes. The Missouri Supreme Court heard arguments in the case earlier this year but issued no opinion in the case, instead volleying ...
Tagged with: Missouri Department of Social Services
Read More »Negligence: Wrongful Death – Suicide – Evidence
Kivland v. Columbia Orthopaedic Group (MLW No. 60009/Case No. WD70774 – 12 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Where the family of a man who committed suicide after he was paralyzed as the result of a back ...
Tagged with: evidence Negligence suicide
Read More »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, ...
Tagged with: Sovereign Immunity Wrongful Discharge
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