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Contracts: Surety Bonds – Attorney’s Fees – Indemnification

Where a provider of surety bonds required a group of environmental and remediation firms to enter into two general indemnity agreements for the issuance of a surety bond guaranteeing performance of a remediation contract and the provider incurred attorney and ...

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Constitutional: First Amendment – Confederate Flag – School Clothing Policy

Where high school students who were suspended for wearing Confederate flag images on their clothing brought a civil rights action claiming their First Amendment rights were violated, the district court properly upheld the ban, finding that the school officials reasonably ...

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Arbitration: Motion To Compel – Miller Act Claim

Where a subcontractor brought an action under the Miller Act to recover for allegedly unpaid labor and materials and the government contractor moved to compel arbitration, there was no written agreement containing an agreement to arbitrate and an ambiguous attachment ...

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Workers’ Compensation: PTD – Survivor Benefits – Claimant’s Suicide

(1)Where a workers’ compensation claimant committed suicide on the same day that she was awarded permanent total disability benefits and the commission allowed the claimant’s husband to proceed as her successor but did not address whether he was entitled to ...

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Negligence: Legal Malpractice – Statute Of Limitations – Borrowing Statute

Where a plaintiff injured in Kansas brought a legal malpractice action against her Missouri attorney for missing the Kansas deadline to file her personal injury action, the plaintiff’s legal malpractice claim accrued in Missouri when her attorney told her that  ...

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Driver’s License: DWI – Breath Test – Lack Of Error Message

Where a driver successfully rebutted the state’s prima facie case in a DWI proceeding by presenting evidence that the first breath test that he took showed him to be below the legal limit and that the machine did not generate ...

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Domestic Relations: Adoption – Parental Rights – Neglect

(1)Where an unwed father signed an acknowledgment of paternity, the father may contest the adoption but his consent to the adoption is not required under Section 453.030, and the father’s constitutional rights were not violated by the statutory adoption procedure ...

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Criminal Law: Sentencing – Modification – Jurisdiction

Where a circuit court modified a defendant’s sentence after the revocation of her probation to six rather than 12 years of incarceration as originally imposed, the court lacked jurisdiction to amend the sentence, which had become final despite its suspended ...

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