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Bankruptcy: Chapter 13 Cases-Dismissal-Bad Faith
Where debtors challenged the dismissal of their individual Chapter 13 cases with a bar to refiling for 180 days, the judgment is affirmed because the court found that their multiple filings were part of a long-running scheme to manipulate and abuse the bankruptcy system to the detriment of creditors. Judgment is affirmed. Steiner v. Wilmington […]
Bankruptcy: Failure to Disclose Assets-Claim of Exemption-Bad Faith
The bankruptcy trustee appealed from the affirmance of the bankruptcy court’s grant of debtor’s amendment to his petition disclosing a possible interest in $30,000 in cash in a home safe and claiming that interest as exempt. Where a bankruptcy court could not use statutory or inherent sources of broad, general authority to contravene the specific […]
Civil Practice: Personal Jurisdiction-Long-Arm Statute-Bad Faith
Where a Kansas insurer sought a writ of prohibition directing the court to dismiss for lack of personal jurisdiction claims that included a bad-faith refusal to settle in a dispute arising from an auto accident in Missouri between a Missouri resident driving his Kansas daughter’s car, under Missouri’s long-arm statute the court could exercise jurisdiction […]
School Districts: IEP-Bad Faith
Where appellants challenged the grant of summary judgment to the defendant school district in a dispute involving a student’s individualized education program, the judgment is affirmed because the appellants did not show that the defendant acted in bad faith or with gross misjudgment in offering the plan. Judgment is affirmed. Doe v. Pleasant Valley Sch. […]
Insurance: Bad Faith-Burden of Proof
Plaintiff’s home burned, and defendant insurer denied the claim and canceled the policy. Plaintiff sued defendant for breach of contract and bad-faith denial/investigation. Where the district court did not improperly shift the burden of proof on the claim to defendant and plaintiff met his burden of proving a bad-faith claim under Nebraska law, the court […]
Attorneys : Sanctions – Bad Faith – Child Custody Modification
Davis v. Wieland (MLW No. 71753/Case No. WD81032 – 20 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)
Insurance : Duty To Defend – Bad Faith – Insurer Status
Clayborne v. Enterprise Leasing Company Of St. Louis, LLC (MLW No. 70404/Case No. ED104661 – 11 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)
Insurance : Personal Injury Judgment – Refusal To Defend – Bad Faith
Allen v. Bryers (MLW No. 70029/Case No. SC95358 – 35 pages) (Supreme Court of Missouri, Draper, J.; Fischer, Stith and Russell, JJ., concur; Wilson, J., concurs in result in separate opinion filed; Breckenridge, C.J., concurs in opinion of Wilson, J.)
Insurance : Commercial Auto Policy – Failure To Settle – Bad Faith
Bamford, Inc. v. Regent Insurance Company (MLW No. 69173/Case No. 15-1968 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)
Insurance : Failure To Settle – Bad Faith – Third-Party Claims
Purscell v. Tico Insurance Co. (MLW No. 67962/Case No. 13-2362 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)
Insurance : Work Comp Claim – Denial Of Benefits – Bad Faith
Paulino v. Chartis Claims, Inc. (MLW No. 67268/Case No. 13-3732 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.)
Insurance : Refusal To Settle – Bad Faith – Equitable Subrogation
Scottsdale Insurance Company v. Addison Insurance Company (MLW No. 67235/Case No. SC93792 – 24 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)
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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