Missouri Lawyers Media Missouri legal news and public notices

Second-Degree Murder Exculpatory Evidence Effectiveness Of Counsel Where the record supported a ruling by the trial court in a second-degree murder case that the state did not suppress a police report, the defendant was not entitled to a new trial ...

Tagged with: Criminal Law effectiveness of counsel exculpatory evidence second-degree murder

Jurisdiction Voluntary Dismissal Affirmative Relief Where a plaintiff voluntarily dismissed its civil suit arising from a construction contract and later filed a motion to enforce a settlement agreement, the issues presented in the motion to enforce the settlement agreement were ...

Tagged with: jurisdiction voluntary dismissal

Arbitration Award Appeals Statute Where car buyers appealed a trial court’s interlocutory judgment compelling arbitration of their claims against a car dealer, a judgment compelling arbitration is not appealable under Section 435.440, so the appeal must be dismissed. Appeal is ...

Tagged with: arbitration award

Auto Accident Coverage Unlicensed Driver Where an unlicensed, 15-year-old girl and her friend were killed in an auto accident in which the girl was driving the friend’s car, the trial court erred in granting summary judgment to the insurer of ...

Tagged with: auto accident coverage

Maintenance Reasonable Need Evidence Where a wife in a dissolution did not provide evidence of her monthly expenses or of the cost of acquiring health insurance or vocational training, the award of $300 monthly maintenance was an abuse of discretion ...

Tagged with: evidence maintenance

Household Exclusion Stacking Ambiguity  (1)Where a motorcyclist was injured in a collision with a car driven by his brother and insured under a policy issued to the father, the trial court properly entered summary judgment for the insurer on its ...

Tagged with: ambiguity household exclusion stacking

Confrontation Clause Forfeiture By Wrongdoing Domestic Violence Where a defendant claimed a trial court abused its discretion in admitting hearsay statements of a burglary victim in violation of his rights under the Confrontation Clause, the defendant’s  murder of the victim ...

Tagged with: confrontation clause domestic violence unlawful arrest

Enforcement of Settlement Order Finality Where a trial court issued an order granting a motion to enforce a settlement, the order left unresolved issues and was not final for purposes of appeal.   Appeal is dismissed.   St. Louis Union ...

Tagged with: finality mootness

Denial Of Benefits Medical Evidence Balancing  Where a claimant of Social Security disability benefits and supplemental security income appealed the denial of benefits, the administrative law judge’s conclusion that the medical opinions of a treating doctor were not entitled to ...

Tagged with: denial of benefits medical evidence

Drug Manufacturers Methamphetamine Costs Unjust Enrichment Where Arkansas counties brought a civil action to recover costs related to fighting illegal methamphetamine use against drug manufacturers that make or distribute cold medicine products containing ephedrine or pseudoephedrine, judgment on the pleadings ...

Tagged with: products liability unjust enrichment

Adjustment Of Status Judicial Review Jurisdiction Where an immigration judge denied an immigrant’s request for adjustment of status, adjustment is a discretionary decision of the Attorney General and the immigrant did not establish a due process violation to establish jurisdiction ...

Tagged with: adjustment of status asylum credibility immigration judicial review jurisdiction motion to reopen