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Mississippi justices hear arguments over appointed vs. elected judges in majority-Black capital
The Mississippi Supreme Court is weighing arguments about a state law that has sparked a monthslong dispute over whether white state officials are stomping on local self-governance in the state’s majority-Black capital city, Jackson.
Federal judge halts Missouri execution of man convicted in jail break killings
A federal judge on Wednesday halted the scheduled execution next week of a man convicted of killing two Missouri jailers amid questions about the literacy of a juror in the case.
High court ruling upends awards against DST
The 8th U.S. Circuit Court of Appeals has cast doubt on a Missouri federal judge’s confirmation of hundreds of arbitration awards against a Kansas City company.
$12.8M verdict against winery affirmed on appeal despite expert dispute
The Court of Appeals Southern District on Sept. 30 affirmed a $12.8 million judgment for an Australian couple injured in a crash with a well-known southern Missouri winery’s truck.
Arbitration denied on claim of assault at work conference
A split panel of the 8th U.S. Circuit Court of Appeals ruled Aug. 30 that a woman’s claims against a man alleged to have sexually assaulted her at a work conference are not subject to arbitration.
Award to cities in license-tax class suit upheld on appeal
The Missouri Court of Appeals Eastern District on July 26 upheld a $39 million judgment in favor of a large group of Missouri municipalities who alleged that Charter Communications had excluded revenue from the cities’ taxes.
Civil Practice: Fraud-Failure To Plead
Where an appellant challenged the dismissal of his diversity action claiming fraud and false advertising against a university defendant, the judgment is affirmed because the district court properly found that the complaint did not plead fraud or false advertising with the specificity required. Judgment is affirmed. Hall v. Capella University (MLW No. 73275/Case No. 18-2739 […]
Civil Practice: Statute Of Limitations-Civil-Rights Claims
Where a plaintiff in a civil-rights action challenged the entry of partial summary judgment against him, the district court did not err in finding that some of the claims were time barred. Judgment is affirmed. Shaw v. Ponto (MLW No. 73239/Case No. 18-2358 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed […]
Civil Practice: Removed Action-Summary Judgment on Federal Claim-Remand of State Claims
Plaintiff appealed the district court’s grant of summary judgment on his federal claims and the remand to state court of his remaining state law claims. Where the district court did not abuse its discretion in granting summary judgment on plaintiff’s federal law claims, the court affirmed the remand of the remaining state law claims to […]
Civil Practice: Foreclosure-Failure to State Claim
Where appellant challenged the dismissal of his complaint in a foreclosure-related action, the district court did not err in finding that the appellant failed to state a claim upon which relief could be granted. Judgment is affirmed. Teague v. Regent Financial Group Inc. (MLW No. 73260/Case No. 18-2783 – 2 pages) (U.S. Court of Appeals, […]
Civil Practice: False Claims Act-Criminal Charge-Same Transaction
Where appellant challenged the grant of summary judgment for the U.S. in its civil suit against him under the False Claims Act and the dismissal of his counterclaims, the appellant’s unappealed criminal conviction regarding the same underlying transaction estopped him from denying the elements of the FCA claim against him, so the judgment is affirmed. […]
Civil Practice: State Legal Expense Fund-Statutory Amendments
Where the state challenged a judgment against it in a declaratory-judgment action that required the state to pay the $2.5 million in damages that was awarded to respondent as the result of a civil suit against two St. Louis police officers, the 2005 amendments to the State Legal Expense Fund statute did not apply to […]
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
