Missouri Lawyers Media Missouri legal news and public notices

Defendants appealed from the district court’s grant of summary judgment to plaintiff in the parties’ dispute involving their prescription drug benefit plan agreements, with plaintiff having filed suit to block defendants’ demand for class arbitration. The district court ruled that ...

Tagged with: Arbitration Agreement class action Prescription Drug Benefit Plan

Defendant appealed from the judgment entered against it following a bench trial in plaintiff’s breach-of-contract action. On appeal, defendant argued that the trial court applied the wrong measure of damages, arguing that the correct standard was cost of repair. Defendant ...

Tagged with: Breach Measure of Damages

Where appellant, a software developer, challenged the rejection of its breach-of-contract claim in a dispute arising from a contract for the creation of a custom website for a real estate brokerage company, arguing that the trial court erred in denying ...

Tagged with: Nonperformance Parol Evidence Spoliation

Where a landlord terminated a tenant’s lease after the tenant received a municipal citation for violating an ordinance prohibiting subletting through the Airbnb short-term rental service, the landlord was not entitled to the proceeds of the rental activity under the ...

Tagged with: Airbnb Rental Damages Landlord-Tenant Dispute

Defendant appealed from the judgment entered in favor of plaintiff, who had performed repairs on defendant’s truck, awarding plaintiff damages and denying defendant’s counterclaim under the Magnuson Moss Warranty Act. Where the jury heard evidence sufficient to find that plaintiff’s ...

Tagged with: Breach Magnuson Moss Warranty Act

The parties cross-appealed from a magistrate’s ruling. Plaintiff had purchased numerous residential mortgage loans from defendant pursuant to an overarching agreement between the parties. After discovering problems with 12 loans it had purchased from defendant, plaintiff filed suit to force ...

Tagged with: Assignment of Mortgage Loans Foreclosed Loans Seller’s Duty to Repurchase

The parties executed a marketing/brokerage agreement under which defendant agreed to pay plaintiff commissions on beef products sold by defendant to restaurant customers listed in the agreement. Plaintiff filed a breach-of-contract suit. The trial court granted summary judgment to defendant, ...

Tagged with: Breach Commission Agreement

Where the Department of Corrections challenged a judgment granting partial summary judgment to class plaintiffs, who were corrections officers, in a dispute regarding the officers’ breach-of-contract claims arising from the compensability of their pre- and post-shift tasks, the disputed tasks ...

Tagged with: breach of contract Labor Agreement

Where appellant challenged the entry of judgment in favor of the respondent on a claim for action on account, the judgment described several bases for the judgment including that the appellant failed to establish the total value of services rendered ...

Tagged with: Action On Account Payment Defense

Where a trial court determined that a buyer in a sale of real property was entitled to specific  performance and the buyer claimed on appeal that he was entitled to damages due to the increase in interest rates available to ...

Tagged with: Damages Interest-Rate Increase Specific Performance

Where a wholesale supply company appealed from a judgment in its favor that awarded compensation and statutory interest but denied an alternative claim of unjust enrichment, substantial evidence supported the conclusion that the individual defendants were personally liable for the ...

Tagged with: Payment on Account Personal Liability unjust enrichment