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civil practice

A judge's gavel resting atop several open books with a spotlight on the gavel and block
Jul 7, 2023

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.

Jun 1, 2023

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.

Thomas Eagleton Federal Courthouse
Dec 6, 2022

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.

Court of Appeals, Southern District
Oct 13, 2022

$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.

Thomas Eagleton Federal Courthouse
Sep 13, 2022

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.

Eastern District
Aug 3, 2022

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.

Jun 3, 2019

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 […]

May 28, 2019

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 […]

May 28, 2019

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 […]

May 28, 2019

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, […]

May 28, 2019

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. […]

May 23, 2019

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 […]

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