Missouri Lawyers Media Missouri legal news and public notices

Where appellant filed a timely Rule 51.05 application for an automatic change of judge before the trial court entered judgment in favor of respondent on the respondent’s petition to strike a lien placed by appellant on her former home, which ...

Tagged with: change of judge Missouri Supreme Court Rules

Where appellants including the highway patrol challenged a judgment granting petitioner’s request to have his name removed from the state’s sex offender registry, the meaning of the upgrade provision for repeat tier I offenders is an issue of first impression, ...

Tagged with: Removal Of Name sex offender registry

Where appellant challenged a judgment against her on banks’ claims against her for liability on two promissory notes and related deeds of trust purportedly executed by her and her then-husband in her name and secured by a home solely owned ...

Tagged with: Agency Promissory Note Dispute Ratification

Where a nurse challenged the ERISA plan of her religiously affiliated hospital employer as underfunded and in violation of the law, and the district court dismissed the case for lack of jurisdiction, the appellate court holds that whether a plan ...

Tagged with: ERISA jurisdiction Religious Exemption

Where a trustee challenged the denial of his 2018 motion seeking payment from a 2002 class action settlement fund, the district court did not abuse its discretion by denying the motion and declining to reopen litigation in the case. Judgment ...

Tagged with: class action Payment Settlement Fund

Where a paralyzed plaintiff brought claims under the Americans with Disabilities Act against a convenience store company after his visits were deterred by the lack of accessible parking, and the defendant remedied the violations, the district court properly granted summary ...

Tagged with: ADA mootness Nominal Damages

Where appellants filed an action under the Employee  Retirement Income Security Act of 1974 claiming that an insurer abused its discretion by partially denying their claim for air ambulance benefits under an employee health plan, the injury-in-fact component of standing ...

Tagged with: ERISA Injury In Fact Standing

Where an appellant challenged the dismissal of her pro se complaint, the complaint was properly dismissed for lack of subject matter jurisdiction. Judgment is affirmed. Knight v. Chatelain (MLW No. 74753/Case No. 19-2744 – 2 pages) (U.S. Court of Appeals, ...

Tagged with: Pro Se Complaint Subject Matter Jurisdiction

Where an appellant challenged the dismissal of his pro se civil rights complaint, the district court properly dismissed the complaint for failure to state a claim. Judgment is affirmed. Wattleton v. Hodge (MLW No. 74734/Case No. 19-2437 – 2 pages) ...

Tagged with: Failure to State a Claim Pro Se Complaint

Where a district court granted a preliminary injunction to prevent the foreclosure sale of items at issue in an action under the Missouri Uniform Transfer Act, the district court did not abuse its discretion in granting the preliminary injunction to ...

Tagged with: Fraudulent Transfer Action Preliminary Injunction

Where appellant challenged the dismissal of his claims for failure to state a claim, there was no basis for reversal, so the judgment is affirmed. Judgment is affirmed. Abdulrazzak v. Smith (MLW No. 74719/Case No. 19-2170 – 2 pages) (U.S. ...

Tagged with: Dismissal Failure To State Claim