Missouri Lawyers Media Missouri legal news and public notices

Where in a dispute over a construction contract the developer claimed the escrow agent breached an express trust and breached an obligation to pay vendors, subcontractors and suppliers by failing to ensure that payments were properly disbursed, the causes of ...

Tagged with: breach of contract Construction Contract contracts Statute Of Limitations

Where the record on appeal in a criminal case did not include a copy of the final judgment, the appeal must be dismissed. Appeal is dismissed. State v. Hawthorne (MLW No. 58681/Case No. SD29036 – 2 pages) (Missouri Court of ...

Tagged with: Appellate Practice Criminal Case

Where a trial court entered a nunc pro tunc order changing the date of an order setting aside a judgment in a civil case, the order granting a new trial was timely. Appeal is dismissed. Bryant v. Carter County (MLW ...

Tagged with: Appellate Practice timeliness

Where a school district challenged a city’s adoption of an ordinance authorizing the use of tax-increment financing for a redevelopment project, summary judgment in favor of the city and developer is affirmed because the city showed an inadequate street layout, ...

Tagged with: Real Property redevelopment Tax Increment Financing

Where a husband in a dissolution appealed pro se, challenging a pendente lite judgment and the dissolution, the husband failed to file a motion to file a late notice of appeal for the pendenten lite judgment and four of the ...

Tagged with: Domestic Relations Pro Se Appeal timeliness

Where a defendant convicted of first-degree murder had a confrontation with the victim, threatened to hurt him, drove home to get a gun and returned to shoot the victim, the record supported a finding that the defendant deliberated before the ...

Tagged with: Batson Criminal Law Deliberation First-Degree Murder

Where a doctor sought judicial review of a disciplinary order of his medical license, the trial court lacked jurisdiction over the matter because of the doctor’s failure to timely file the petition. Preliminary order in prohibition made absolute. State Board ...

Tagged with: Administrative judicial review timeliness

(1)Where labor organizations brought a constitutional challenge to the 2005 amendments to the workers’ compensation law, the organizations lacked standing to raise eight of their claims because the claims will not be ripe for review until the meaning of the ...

Tagged with: Constitutional Challenge Workers' compensation

(1)Where an employee brought claims of hostile environment and retaliation under the Missouri Human Rights Act, the case of Daugherty v. City of Maryland Heights provides the standard for surviving summary judgment on both types of claims and the burden-shifting ...

Tagged with: Employer - Employee hostile environment MHRA sexual harassment

Where a husband moved to set aside a default judgment entered against him in a dissolution, arguing that the wife was not disabled as she claimed and also arguing that the wife fraudulently suggested the parties use the same lawyer, ...

Tagged with: Default Judgment Domestic Relations fraud Good Cause

Where a defendant convicted of first-degree murder and sentenced to death argued that his counsel was ineffective for multiple reasons including counsel’s failure to obtain a scan of the defendant’s brain, the  motion court properly denied defendant’s motion for post-conviction ...

Tagged with: Criminal Law Death Penalty Case effectiveness of counsel Post-Conviction Relief