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Social Security: Denial Of Benefits – Residual Function Capacity – Rejection Of Assessment

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 ...

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Negligence: Wrongful Death – Instructions – Damages

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 ...

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Negligence: Auto Accident – Undisclosed Witness – Comparative Fault Instruction

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 ...

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Tort: FTCA – Conversion – Farm Equipment

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 ...

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Negligence: Medical Malpractice – Continuing Care Exception – Statute Of Limitations

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 ...

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Insurance: Vexatious Refusal – Damages – Jury Instruction

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 ...

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