Missouri Lawyers Media Missouri legal news and public notices

Where a tenant in a commercial-lease agreement challenged an adverse judgment for the landlord on the landlord’s breach of lease and guaranty claims, under the lease provisions the parties clearly intended rents from reletting to offset any damages owed by ...

Tagged with: Alterations to Premises Commercial Lease Disgorgement of Attorneys’ Fees

Where insurers challenged a partial summary judgment to respondent awarding an equitable garnishment of more than $5 million to respondent in a dispute arising from respondent’s claims of malicious prosecution and civil-rights violations against a city and police defendants, the ...

Tagged with: ambiguity equitable garnishment

Where defendant challenged his convictions including one for felony tampering with physical evidence, the defendant voluntarily admitted to the crime during his testimony and closing argument, so he was bound by the judicial admissions, and the state’s improper “acquittal first” ...

Tagged with: Sufficiency Of Evidence Tampering with Evidence

1)Where a defendant, who was convicted of charges including voluntary manslaughter, challenged the denial of his Batson challenge, the state gave appropriate, race-neutral reasons for striking an African American venireperson, and in a reverse-Batson issue, the trial court’s denial of ...

Tagged with: Batson challenge Expectation Of Privacy text messages

Where appellants, who brought an action against their landlord alleging damages from a bedbug infestation, challenged the denial of their motion to amend the judgment to award them attorneys’ fees on their claims under the Missouri Merchandising Practices Act, the ...

Tagged with: Attorney's fees MMPA Punitive Damages

Where the Department of Commerce challenged a trial court’s conclusion that the Administrative Hearing Commission’s denial of a non-resident title insurance producer license was arbitrary and capricious, and the court ordered a hearing on the application, the applicant erroneously characterized ...

Tagged with: Contested Case Denial Of Application licensing

Where appellant challenged the judgment in an action to partition property jointly held with her partner, the trial court did not err in finding that the appellant’s contribution of a down payment toward the purchase of a home and additional ...

Tagged with: Allocation of Proceeds Home Equity Line Partition Action

Where the Public Service Commission sought to dismiss an appeal by the Office of Public Counsel as moot in a dispute arising from infrastructure surcharges, the commission erred in finding moot and denying the public counsel’s request that the excess ...

Tagged with: Infrastructure-Replacement Surcharge mootness Overcharges

Where the Office of Public Counsel and a gas utility challenged an order disallowing $4.1 million in infrastructure-replacement surcharges, arguing that the utility could not recover costs incurred to replace case iron and bare steel mains and service lines, the ...

Tagged with: Infrastructure-Replacement Surcharge Sufficiency Of Evidence

Where a water company challenged an order approving its infrastructure replacement surcharge, arguing that the determination that sufficient evidence was not presented to show that a deferred tax asset was incurred, the determination was supported by the evidence on the ...

Tagged with: Deferred Income Taxes Infrastructure System Replacement Surcharge Approval

Where appellant, who was convicted of driving while intoxicated, challenged the trial court’s finding that he was a persistent offender, the Illinois offense for which the appellant was convicted in 2005 did not qualify as an “intoxication-related traffic offense” because ...

Tagged with: DWI Illinois Offense Persistent Offender