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Civil Practice

Civil Practice: ERISA -Failure to State Claim-Emergency Air Transport

Where an emergency air-transport company brought claims against an insurer for allegedly inadequate reimbursements for air-ambulance services provided to the insurer’s plan members, the plaintiff did not have the right to seek equitable relief under ERISA, and the judgment is ...

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Civil Practice: FTCA-Discovery Requests

Where an appellant challenged the denial of his discovery requests in an action brought under the Federal Tort Claims Act, the Freedom of Information Act and the Administrative Procedures Act, the judgment is affirmed because the district court did not ...

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Civil Practice: Res Judicata-ADA Action-Associational Standing

Where a disabled man and a nonprofit organization that represented disabled individuals brought an action against a restaurant alleging ADA violations, the dismissal of the second suit was due to the plaintiffs’ decision to assert associational standing as a co-plaintiff ...

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Civil Practice: Promissory Note-Offset Damages

Where appellant and his related corporate entities brought claims of breach of contract and tort against a lender in a dispute arising from the execution of a promissory note, the lender could not invoke the protections of the Missouri Commercial ...

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Civil Practice: Class Action-Denial of Certification-Numerosity Requirement

Where class representatives, who claimed an employer failed to pay overtime compensation, challenged the trial court’s denial of their amended motion for class certification, the judgment is reversed and remanded because the evidence was sufficient to fulfill the numerosity requirement ...

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