Missouri Lawyers Media Missouri legal news and public notices

Where plaintiffs in an ERISA action failed to plead a plausible breach of prudence by the trustee defendants, the district court properly dismissed the plaintiffs’ duty-to-monitor claims because the claims could not survive without a sufficiently pleaded theory of an ...

Tagged with: Duty of Prudence ERISA Sufficiency of Allegations

Where railroad employees moved to certify a class action for a claim challenging the railroad’s fitness-for-duty policy under the Americans with Disabilities Act, the individualized inquiries could not be addressed in a manner consistent with Rule 23, so the predominance ...

Tagged with: Certification Class Actions

Where patients, who experienced a failed surgical procedure, challenged the dismissal of their claims against university curators, a final judgment must be both a judgment and final to appeal, and the purported judgment of dismissal in each case did not ...

Tagged with: finality Judgments

Where appellant challenged the grant of a full order of protection for a minor child, the evidence was insufficient to support the order based on stalking because the child’s guardian failed to present evidence of physical harm or the threat ...

Tagged with: Order Of Protection Stalking Sufficiency Of Evidence

Defendant appealed from the district court’s appointment of a receiver after the district court entered default judgment on an arbitration award entered in favor of plaintiff. Defendant further argued that the district court granted the receiver powers beyond those authorized ...

Tagged with: Appointment of Receiver award Default Judgment

Where appellant challenged the grant of a full order of protection for a minor child, the evidence was insufficient to support the order based on stalking because the child’s guardian failed to present evidence of physical harm or the threat ...

Tagged with: Order Of Protection Stalking Sufficiency Of Evidence

Where a Minnesota attorney sued out-of-state defendants in Minnesota state court for their alleged participation in a fraud scheme, and the defendants removed the case to federal court, the dismissal is affirmed because the connection between the defendants and the ...

Tagged with: Fraud Case Personal Jurisdiction

Where appellant challenged a judgment following a bench trial in an interpleader action that awarded his former wife and respondent certain proceeds from the sale of real property, counterclaims and cross claims remained pending against unserved parties, so the judgment ...

Tagged with: Interpleader Action jurisdiction

Where appellant brought a pro se action against the owner of an apartment building, the appellant’s proposed amendments to her complaint would not have fixed the problems, and futility is a sufficient reason to deny leave to amend, so the ...

Tagged with: Dismissal Pro Se Action Proposed Amendments

Where appellant challenged the dismissal of her pro se action, there was no basis for reversal, but the dismissal of the state-law claims should be modified to be without prejudice, so the judgment is affirmed as modified. Judgment is affirmed ...

Tagged with: Dismissal Pro Se Action

(1)Where in a dispute arising from change orders to a construction contract, the trial court did not abuse its discretion in overruling its motions for continuance and to amend, and the court properly entered judgment against the subcontractor for unjust ...

Tagged with: Prejudgment Interest unjust enrichment Voluntary Payment Doctrine