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Court of Appeals, Western District

Torts: Trespass – Firing Range Bullets

  Goerlitz v. City of Maryville (MLW No. 59960 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a homeowner claimed that ricocheting bullets from a nearby firing range were coming onto her property, the claim was ...

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Juvenile: Forensic Interviews – Testimony

In the Interest of J.M.G. v. Juvenile Officer (MLW No. 59661 – 7 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Where two boys participated in forensic interviews with a counselor at a child advocacy center and one of ...

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Administrative: Claim Assignment – Statutory Authority

Missouri Public Service Commission v. Oneok, et al. (MLW No. 59959 – 7 pages) (Missouri Court of Appeals, Western District, Howard, J.) Even though natural gas distributors assigned their claims of price fixing against natural gas suppliers to the Missouri ...

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Contracts: UCC – Action On Account – Defective Fixtures

Western Extralite Co. v. Safeco Insurance Co., et al. (MLW No. 59931/Case No. WD70260 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a contractor ordered light fixtures from a distributor and parts of the fixtures were ...

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Court: Kindness to animals gets you a tax break

Charity is charity, whether the recipient has two legs or four, the Missouri Court of Appeals Western District ruled on Thanksgiving week. The court reversed and remanded a State Tax Commission decision last week, saying that when it comes to ...

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Unemployment Compensation: Independent Contractor Status – Manufacturer’s Representatives – Contract

E.P.M., Inc. v. Buckman, et al. (Case No. WD70161/WD70163 – 14 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a manufacturer’s representative filed for unemployment compensation benefits and the application was challenged by the employer, who argued that ...

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Driver’s License: DWI – Representation – Standing

Campbell v. Director (MLW No. 59901/Case No. WD70266 – 5 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where a driver lost his driving privileges for 10 years due to having more than two convictions for DWI offenses, the ...

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Criminal Law: Post-Conviction Relief – Prosecutor’s Nondisclosure – Brady Rule

Duley v. State (MLW No. 59905/Case No. WD69962 – 14 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where the state in a second-degree murder case failed to disclose a police investigative report that included exculpatory evidence, the evidence ...

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Administrative: Denial Of Parole – Judicial Review – APA

Ladd v. Board of Probation and Parole (MLW No. 59902/Case No. WD70248 – 12 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) (1)Where a criminal defendant challenged an adverse parole decision of the Board of Probation and Parole, a ...

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