Income tax; refund action Â 08-1638 General Mills Inc. & Subsidiaries, Plaintiff-Appellee, v. U.S., Defendant-Appellant Appeal From: U.S. District Court for the District of Minnesota Submitted: Nov. 14, 2008 Filed: Jan. 26, 2009 Before: Judges Wollman, Beam and Benton Opinion ...Read More »
Fiduciary duty; summary judgment Â SD28613 Robert R, McLean Irrevocable Trust U/A/D, March 31, 1999, by Linda McLean, Trustee, Plaintiffs-Appellants v. Patrick Davis, P.C., et al., Defendants-Respondents Appeal From: Butler County Circuit Court, Judge Mark L. Richardson Handdown Date: 1/26/2009 ...Read More »
Special assessments; equitable relief Â ED90864 Lake Wauwanoka Inc., Respondent, v. John Anton, et al., Appellants Appeal From: Jefferson County Circuit Court, Judge Mark T. Stoll Handdown Date: 1/27/2009 Opinion Author: Judge Kenneth M. Romines Opinion Vote: Judges Baker and ...
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Sentencing; prior offender Â SC89501 State of Missouri, Respondent, v. Michael Teer, Appellant Appeal From: St. Charles County Circuit Court, Judge William T. Lohmar Handdown Date: 1/27/2009 Opinion Author: Judge Richard B. Teitelman Opinion Vote: Judges Stith and Wolff concur; ...Read More »
Discipline; suspension Â SC89623 In Re: Brian Zink, Respondent Disciplinary proceeding Handdown Date: 1/27/2009 Opinion Author: Judge Zel Fischer Opinion Vote: Court en banc concurs Â The Office of Disciplinary Counsel (“OCDC”), the disciplinary hearing panel, Brian E. Zink, and ...
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Where a Buchanan County trial court dismissed plaintiffs’ claims in a wrongful death action three days before trial based on forum non conveniens because the accident occurred in Kansas and the witnesses and parties live in Kansas, the dismissal is ...Read More »
(1)Where a plaintiff who was denied coverage for an auto accident brought an action for bad faith failure to settle against an insurance claims adjuster, the adjuster was working solely as an agent of her employer and cannot be held ...Read More »
Where the Missouri Baptist Convention sued the Windermere Baptist Conference Center, a public benefit corporation, in a dispute over the transfer of a conference and recreational facility, the trial court did not err in finding that the convention was not ...Read More »
Where a trial court denied appellant’s petition for registration of a foreign judgment, the denial is reversed and remanded because the Texas judgment was fully and fairly litigated and so was entitled to full faith and credit. Judgment is reversed ...Read More »
Where a worker’s compensation claimant appealed the denial of benefits, the unexplained absence of any reference to a fall at work in her treating doctor’s notes raised a legitimate issue of credibility, and the denial is affirmed because the claimant ...Read More »
Where an employer presented witness testimony that a former employee seeking unemployment compensation was fired after he turned away business, disobeyed supervisors and performed unsafe work, the evidence showed that claimant’s conduct was willful, so the determination that he was ...Read More »