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Insurance : Declaratory Judgment – Attorney’s Fees – Breach of Fiduciary Duty
Henry v. Farmers Insurance Co., Inc. (MLW No. 66681/Case No. WD76953 – 19 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Jury awards land sellers $13.2M
A Saline County Circuit Court jury has awarded more than $13.2 million to the sellers of farmland after the purchaser allegedly persuaded an appraiser to give a low-ball value on the property.
ERISA: Fiduciary Duty Claim – Standing – Disclosure
Braden v. Wal-Mart Stores, Inc., et al. (Case No. 08-3798 – 26 pages) (U.S. Court of Appeals, 8th Circuit, Murphy, J.) Where a retail employee brought an ERISA action against the management of his retirement plan based on his allegations that the plan managers failed to adequately consider investment options to minimize fees, the district […]
Trust spends $120,000 in fees for $84,000 verdict
A past owner of the former Planet Hollywood building in St. Louis won a courtroom tussle. Sort of. The Whitehead Trust is one of the partners in a company that owned the building at 800 N. Third St. It ended up spending at least $36,000 more in attorneys’ fees than it won in a jury […]
Couple snared in scheme recovers $760,000
A Kansas City couple has recovered nearly $760,000, including $400,000 in punitive damages, from a Florida-based brokerage firm whose financial adviser allegedly altered two checks payable to the firm, took the money and obtained more under false pretenses. Donald and Patricia Halfmann, both in their 60s, were clients of the VFinance Investments Inc. brokerage firm, […]
$4.9M awarded for unjust enrichment
A St. Louis County jury awarded $4.9 million to a printing company’s minority shareholder in his lawsuit against the majority shareholder, and the plaintiff could receive an even larger award from the judge. Steven Smith sued Mark Shocker for unjust enrichment and breach of fiduciary duties. Smith was the only minority shareholder in MWS Enterprises, […]
Madoff victims face grim prospects in court
The securities laws may be your worst enemy if you lost money in the Madoff scam. Investors are suing the feeder funds that channeled their money to Bernard Madoff, charging the feeders with fraud, negligence or breach of fiduciary duty. On the surface, the cases sound like slam dunks. They’re not. Congress and the courts […]
Court takes first look at duties of ‘trust protector’
A trustee stated a claim for breach of fiduciary duty against an attorney designated as a “trust protector,” according to the Missouri Court of Appeals, which reversed a judgment in the attorney’s favor. The function and duties of a trust protector are discussed as an issue of first impression in a Southern District opinion authored […]
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
Top stories
- Cole County prosecutor loses third Sunshine Law appeal
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
