Missouri Lawyers Media Missouri legal news and public notices

Where borrowers who claimed they were not properly credited for loan payments identified defendant as the party to which they were obligated to make payments, the borrowers acknowledged that the defendant had been assigned the rights of the lender, so ...

Tagged with: Arbitration Loan Agreement

Where a trial court as part of an ongoing partnership dispute appointed a receiver to take charge of the limited partnership and real estate owned by the parties as tenants in common, the party in favor of receivership did not ...

(1)Where a trial court in a dissolution found that monthly annuity payments from a personal injury settlement entered into by the husband were the husband’s non-marital property, the judgment is affirmed because the husband refuted the presumption that the payments ...

Tagged with: Domestic Relations Marital Property

Where a defendant was convicted in federal court and then state court on charges of possessing the same machine guns, double jeopardy does not prohibit the prosecution under the principle of dual sovereignty. Judgment is affirmed. State v. George (MLW ...

Tagged with: Criminal Law Double Jeopardy

Where a defendant who pleaded guilty to possessing child pornography in Clay County was then charged with promoting child pornography in Platte County, the charges against the defendant arose from the same conduct, which was possession of the same file, ...

Tagged with: Criminal Law Double Jeopardy Lesser-Included Offense

Even though a Missouri taxpayer testified that he spent most of his time working in Chicago during 2002, the taxpayer did not show that he intended to stay in Illinois permanently or that he maintained a permanent abode in Chicago ...

Tagged with: Administrative Good Faith

Enforcement; waiver WD69823 Major Cadillac Inc., Respondent, v. General Motors Corp., Appellant Appeal From: Jackson County Circuit Court, Judge William Stephen Nixon Handdown Date: 2/17/2009 Opinion Author: Judge Thomas H. Newton Opinion Vote: Judges Lowenstein and Howard concur General Motors ...

Tagged with: Enforcement Waiver

Where property owners appealed a judgment of condemnation of their real estate, trial testimony showed that the city used generally accepted appraisal practices, so substantial evidence showed the city negotiated in good faith with the property owners, and property owners’ ...

Tagged with: Blight condemnation Real Property

Where landowners who sought title to a section of property by adverse possession argued that they grazed cattle and maintained fences on the land, these acts were not sufficient alone to demonstrate open and notorious possession, so the trial court’s ...

Tagged with: Adverse Possession Real Property

Where an auto manufacturer sued by several dealers sought to compel arbitration, the trial court properly denied the motion because the manufacturer waived the right to arbitrate by acting inconsistently when it removed the case to federal court, requested a ...

Tagged with: Arbitration Enforcement Removal Waiver

Application for review; motion to strike WD69637 Paul Jones, Respondent, v. Lico Steel, Appellant, Treasurer of the State of Missouri – Custodian of the Second Injury Fund, Respondent Appeal From: The Labor and Industrial Relations Commission Handdown Date: 2/10/2009 Opinion ...

Tagged with: Application For Review