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Civil Practice: Attorneys’ Fees-Contingency Fee-Quantum Meruit
Where a law firm that was fired from a personal injury case sought to recover attorneys’ fees in quantum meruit, the district court properly found that the law firm’s services did more harm than good to the case when it failed to meet disclosure deadlines, sent an unauthorized settlement agreement and did not contribute to […]
Civil Practice: Jurisdiction-Attorneys’ Fees
Where homeowners sought damages from a basement-waterproofing company connected to the installation of a basement-sealing system, asserting claims that included a violation of the Missouri Merchandising Practices Act and a related request for attorneys’ fees, the judgment did not dispose of the attorney-fee issue, so trial court retained jurisdiction to dispose of the issue, and […]
Civil Practice: Attorneys’ Fees-Individuals with Disabilities Education Act-Prevailing Party
Where a parent sought attorneys’ fees in an action arising under the Individuals with Disabilities Education Act, the district court properly found that the appellant was not a prevailing party entitled to fees. Judgment is affirmed. Wofford v. North Little Rock School District (MLW No. 74327/Case No. 19-1730 – 2 pages) (U.S. Court of Appeals, […]
Consumer Law: MMPA-Punitive Damages-Attorneys’ Fees
Where appellants, who brought an action against their landlord alleging damages from a bedbug infestation, challenged the denial of their motion to amend the judgment to award them attorneys’ fees on their claims under the Missouri Merchandising Practices Act, the trial court abused its discretion in denying the motion, so the motion is reversed and […]
Civil Practice: Sunshine Law-Attorneys’ Fees
Where a city clerk challenged trial court orders addressing her failure to disclose records under the state’s sunshine law and imposing a civil penalty and attorneys’ fees to the opposing party, substantial evidence supported the finding that the clerk’s refusal to disclose the records was a purposeful and knowing violation of the law, and the […]
Civil Practice: Summary Judgment-Attorneys’ Fees-Landlord-Tenant Dispute
Where tenants challenged the grant of summary judgment in favor of a landlord in a contract dispute, arguing that the landlord failed to establish a prima facie case because the documents attached to the summary judgment motions were inconsistent with respect to a material fact, a genuine dispute could not be established for the first […]
Civil Practice: Attorneys’ Fees-Supersedeas Bond-Lost Rental Income
Where appellant sought leave to file a supersedeas bond after a trial court quieted title to a farm to respondents, and the respondents sought a judgment against the bond for attorneys’ fees incurred during appeal and for lost rental income, the court misapplied the law by awarding attorneys’ fees from the bond, but substantial evidence […]
Negligence: Medical Negligence-Future Damages-Attorneys’ Fees
Where plaintiff brought a medical-negligence action against health care providers alleging that a failure to diagnose led to short bowel syndrome requiring extensive ongoing medical care, and both parties appealed following a jury verdict in favor of the plaintiff, the judgment finding the defendants liable for the injuries is affirmed because the plaintiff presented substantial […]
Real Property: Quiet Title-Adverse Possession-Attorneys’ Fees
Where respondent landowners who prevailed in a dispute to quiet title to real property sought attorneys’ fees and the trial court’s judgment did not address the issue, the unresolved claim does not arrest the finality of the judgment in this case and appellate jurisdiction existed because the body of the petition made no allegation that […]
Civil Practice: Attorneys’ Fees-Sanctions-Recusal
Where plaintiffs in a civil case involving a euthanized dog challenged the denial of their motion for attorneys’ fees and sanctions, the district court did not abuse its discretion, and the court also did not err in denying their motions for recusal because the plaintiffs failed to present evidence from which the judge’s impartiality could […]
Contracts: Attorneys’ Fees-Lease Renewal
Where appellant city challenged an award of attorneys’ fees against it in a dispute involving an option to renew a lease in the parties’ real estate contract, the trial court did not misapply the law or abuse its discretion in denying the appellant the attorney fee award, but the court exceeded the scope of an […]
Civil Practice: Attorneys’ Fees-Modification-Authority
Where an estate administrator challenged a district court order that modified the attorney’s fees in an underlying settlement agreement, any authority for judicial approval of FLSA settlements does not extend to the review of settled attorneys’ fees, so the district court lacked the authority to review the fees, so that portion of the judgment […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
