Premier Golf Missouri v. Staley Land Company (MLW No. 58902/Case No. WD69341 – 17 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where a golf club and adjacent homeowners’ association disputed provisions of a lease and development agreement concerning ...
Read More »Domestic Relations: Grandparent Visitation – Parental Rights – Standing
In the Matter of C.A.C., Z.C., L.C. and J.C. v. R.C. and J.C. (MLW No. 58899/Case No. WD69923 – 7 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Where maternal grandparents appealed a judgment terminating their daughter’s parental rights ...
Read More »Domestic Relations: Child Support – Modification – Emancipation
Hoffman-Francis v. Francis (MLW No. 58901/Case No. WD69498 – 8 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a mother objected to the emancipation of her son, the mother’s evidence was insufficient to show the son was insolvent ...
Read More »Civil Practice: Default Judgment – Motion To Set Aside – Notice
Unifund CCR Partners v. Rodgers (MLW No.58900/Case No. WD69660 – 6 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a defendant in an action on a credit card account asserted that she was not notified of a new ...
Read More »Banks and Banking: Guaranty Claim – Lay Witness – Handwriting Evidence
Farmers State Bank of Northern Missouri v. Huffaker (MLW No. 58903/Case No. WD68861 – 11 pages) (Missouri Court of Appeals, Western District, Howard, J.) Where a bank employee testified as a lay witness to establish that a wife signed a ...
Read More »HIPAA versus caselaw
Medical information is a private affair, until a patient sues over an injury. At that point, medical records and even the statements of treating physicians become relevant. On Thursday, the Missouri Court of Appeals Western District heard a case that ...
Tagged with: ex parte HIPAA Missouri Court of Appeals Western District
Read More »Contracts: Breach Of Contract – Third-Party Beneficiary – Standing
Kansas City Hispanic Association Contractors Enterprise, Inc. v. City of Kansas City (MLW No. 58869/Case No. WD69246 – 11 pages) (Missouri Court of Appeals, Western District, Hardwick, J.) Where a minority contractor and an association of Hispanic construction companies brought ...
Tagged with: breach of contract contracts Standing Third-Party Beneficiary
Read More »Employer – Employee: Discrimination – Dismissal Of Defendants – Negligent Supervision
(1)Where employees sued their employer and individual managers for discrimination, retaliation and harassment, the employer’s motion to dismiss did not request relief for the other defendants including the individual managers, who were never served process and no entry of appearance ...
Tagged with: discrimination Employer - Employee negligent supervision
Read More »Contracts: Escrow Contract – Agent – Duty Of Care
Where plaintiffs sued a title company claiming negligence and breach of the terms of the parties’ escrow agreement based on the title company’s issuance of a check to a trustee in her personal capacity rather than as a trustee upon ...
Tagged with: contracts Duty Of Care
Read More »Civil Practice: Damages Claims – Res Judicata – Collateral Estoppel
Where homeowners whose home was damaged by a drainage problem sued the city for negligence in the maintenance of the public storm water system, a subsequent claim for damages by the landowners against the subdivision developers and previous homeowners for ...
Tagged with: civil practice Collateral Estoppel Res Judicata
Read More »Insurance: Uninsured Motorist – Work Comp Benefits – Public Policy
Where a plaintiff received workers’ compensation benefits after being injured in an accident with an uninsured motorist while working, policy provisions in uninsured motorist policies that reduced coverage where the insured receives work comp benefits were not void as against ...
Tagged with: Insurance Public Policy Uninsured Motorist
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