Clevenger v. Social Security Administration (MLW No. 59185/Case No. 07-3447 – 8 pages) (U.S. Court of Appeals, Eighth Circuit, Colloton, J.) Where an administrative law judge in a Social Security disability case discounted a residual functional capacity assessment that was ...
Tagged with: Personal Injury & Torts Law
Read More »Serna v. Goodno (MLW No. 59192/Case No. 05-3441 – 18 pages) (U.S. Court of Appeals, Eighth Circuit, Melloy, J.) Where an inmate who was subjected to a body-cavity search when prison staff attempted to find a cell phone claimed a ...
Tagged with: Personal Injury & Torts Law
Read More »Estate of Buford L. Anderson v. Safeco Insurance Company of Illinois (MLW No. 59155/Case No. 08-3452 – 6 pages) (U.S. Court of Appeals, Eighth Circuit, Melloy, J.) Where decedent was killed when he was swept out of a vehicle in ...
Tagged with: Personal Injury & Torts Law
Read More »Coleman v. Meritt (MLW No. 59136/Case No. SD28678/SD28680 – 10 pages) (Missouri Court of Appeals, Southern District, Scott, P.J.) (1)Where a defendant radiologist in a wrongful death case challenged the foundation of plaintiff’s expert testimony that the radiologist breached his ...
Tagged with: Personal Injury & Torts Law
Read More »Thompson v. Marler (MLW No. 59138/Case No. SD28823 – 16 pages) (Missouri Court of Appeals, Southern District, Parrish, J.) (1)Where witnesses who were previously undisclosed to plaintiff testified at her auto-accident, personal injury trial, the trial court did not abuse ...
Tagged with: Personal Injury & Torts Law
Read More »Sapp, et al. v. Morrison Brothers Company (MLW No. 59121/Case No. WD68928 – 22 pages) (Missouri Court of Appeals, Western District, Ahuja, J.) Where plaintiffs in a wrongful death action sought a new trial based on a claim of juror ...
Tagged with: Personal Injury & Torts Law
Read More »Wilkinson, et al. v. U.S. (MLW No. 59088/Case No. 08-1212 – 12 pages) (U.S. Court of Appeals, Eighth Circuit, Melloy, J.) Where the Bureau of Indian Affairs trespassed on plaintiffs’ land by leasing their land against their will following a ...
Tagged with: Personal Injury & Torts Law
Read More »Hooe v. Saint Francis Medical Center, et al. (MLW No. 59022/Case No. SD29279 – 4 pages) (Missouri Court of Appeals, Southern District, Scott, P.J.) Where a plaintiff filed a medical malpractice action in 2004 claiming she was injured seven years ...
Tagged with: Personal Injury & Torts Law
Read More »The Cincinnati Insurance Company v. Bluewood, Inc. (MLW No. 58844/Case No. 08-1148 – 16 pages) (U.S. Court of Appeals, Eighth Circuit, Gruender, J.) Where an insured sought damages for los ses from a flooded apartment building and a jury returned ...
Tagged with: Damages Insurance Jury Instruction Personal Injury & Torts Law Vexatious Refusal
Read More »Where plaintiff won a defamation action against his insurer based on statements made by the insurer in a letter denying plaintiff’s claim for loss after a fire, the insurer’s motion for directed verdict failed to preserve for appeal the issues ...
Tagged with: Damages defamation Personal Injury & Torts Law Tort
Read More »Where plaintiff brought claims of abuse of process and civil conspiracy against the lender of his failed car dealership, the plaintiff failed to show that any act by the lender after the issuance of a search warrant constituted an abuse ...
Tagged with: Civil Conspiracy Personal Injury & Torts Law Tort
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