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Real Property: Partition Action – Joint Tenancy – Attorney’s Fees

Where a trial court ordered a partition sale of property that was found to be owned by the parties as joint tenants with a right of survivorship, the judgment was supported by substantial evidence, but the trial court erred in ...

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Real Property: Fraudulent Misrepresentation – Injurious Falsehood – Property Redevelopment

Where property owners brought claims of fraudulent misrepresentation, negligent misrepresentation, injurious falsehood and negligence against real estate developers based on allegations that they were damaged by the defendant’s representations about redevelopment and the defendant’s failure to redevelop the property, the ...

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Corporate: Corporate Income Tax – Refund Action – Redemptive Dividend

Where a corporation sued for refunds of corporate income tax to recover the value of deductions for cash distribution redemptive dividends, the district court erred in granting summary judgment to the corporation because the deduction is barred by Section 162(k)(1), ...

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Workers’ Compensation: PTD – Sufficiency Of Evidence – Attorney’s Fees

(1)Where three doctors and a vocational expert testified credibly that a worker was permanently and totally disabled and the administrative law judge explicitly considered all contrary opinions, sufficient evidence supported the finding of PTD. (2)Where an employer in a workers’ ...

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Workers’ Compensation: Mental Injury – Work-Related Stress – Job Survey

Where an environmental safety manager did not show that his duties were greater than other management personnel at his company and his employer’s records showed that he worked 40-hour weeks and took regular vacations, sufficient evidence supported a finding that ...

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Real Property: Homeowners’ Association – Validity – Water System

Where a homeowners’ association brought an action against homeowners in a dispute over administration of the water system, the trial court erred in finding that the homeowners’ association was the valid successor association for the neighborhood because there was no ...

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Domestic Relations: Marital Property – Disproportionate Division – Misconduct

Where a husband in a dissolution appealed the disproportionate division of marital property, the trial court did not err in finding that the couple’s investment income and retirement benefits were marital property and the court’s finding that husband’s support of ...

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Employer – Employee: Wrongful Termination – Public Policy Exception – Punitive Damages

(1)Where an employee claimed wrongful termination under the public policy exception, the trial court erred and misdirected the jury by failing to give an instruction that required the jury to find that the plaintiff’s communication with government investigators was the ...

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Negligence: Legal Malpractice – Standing – Bankruptcy

Where a bankruptcy estate claimant and a trustee brought adversary complaints against a law firm alleging legal malpractice and breach of fiduciary duties owed to a client, the bankruptcy court’s judgment in favor of the trustee and the district court’s ...

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Missouri Court of Appeals Western District: Domestic relations

Paternity; extrinsic fraud   WD69198 Natalie Walker, Respondent, v. Michael Aaron Walker, Appellant Appeal From: Jackson County Circuit Court, Judge Marco Antonio Roldan Handdown Date: 1/13/2009 Opinion Author: Judge James M. Smart Jr. Opinion Vote: Judges Lisa White Hardwick and ...

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