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Collateral Estoppel

Mar 4, 2019

Civil Rights: Child Abuse-Alleged False Report-Collateral Estoppel

  Plaintiff’s son was adjudicated in need of protection or services and placed in foster care following a report that plaintiff had misrepresented her son’s medical condition to obtain treatment that was unnecessary or harmful. Plaintiff filed suit, alleging the report was false and caused her son to be separated. The district court granted judgment […]

Feb 18, 2019

Criminal Law: Jail Credit-Long-Term Treatment Program-Collateral Estoppel

Where a defendant sought credit against sentences imposed in St. Charles County for jail time on St. Louis County charges and for time spent in a long-term treatment program, a prior habeas court judgment had no preclusive effect, and the trial court erred in entering judgment in favor of the department of corrections in reliance […]

Jan 28, 2019

Insurance Law: Fraud-Collateral Estoppel-Duty to Defend

Where a truck-rental company brought a declaratory-judgment action arguing that it did not have a duty to defend or indemnify a driver who rented a truck and admitted to staging an accident for the submission of fraudulent claims with the other vehicle’s occupants, and the respondents argued that the company was collaterally estopped from litigating […]

Nov 5, 2018

Negligence: Indemnification/Contribution- Ratification- Collateral Estoppel

Plaintiff, an insurance company, sued defendant, a former agent, for damages plaintiff paid out in a lawsuit filed by a policyholder who purchased a policy through defendant. Defendant counterclaimed for withheld compensation arising from the sale of that policy. Defendant obtained summary judgment on plaintiff’s claim after the trial court concluded the claim was barred […]

Apr 12, 2018

Negligence : Legal Malpractice –  Collateral Estoppel –  Prejudgment Interest

Juan v. Growe (MLW No. 71541/Case No. ED105752 – 21 pages) (Missouri Court of Appeals, Eastern District, Hess, J.)

Sep 1, 2017

Civil Practice : Collateral Estoppel – Alter Ego Liability – Fringe Benefit Contributions

Twin City Pipe Trades Service Association, Inc. v. Wenner Quality Services, Inc. (MLW No. 70962/Case No. 16-1791 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Apr 18, 2017

Civil Practice : Res Judicata – Collateral Estoppel – Employment Dispute

Kesler v. Curators of the University of Missouri (MLW No. 70425/Case No. WD79703 – 26 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)

Mar 16, 2017

Civil Practice : Garnishment – Collateral Estoppel – Res Judicata

Olsen v. American Family Mutual Insurance Company (MLW No. 70297/Case No. ED103641 – 24 pages) (Missouri Court of Appeals, Eastern District, Clayton III, J.)

Aug 19, 2016

Administrative : Social Security Disability – Denial Of Benefits – Collateral Estoppel

Aguiniga v. Colvin (MLW No. 69565/Case No. 15-3298 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)

Apr 27, 2016

Criminal Law : DNA Testing – Collateral Estoppel

Greer v. State (MLW No. 69087/Case No. WD78317 – 6 pages) (Missouri Court of Appeals, Western District, Gabbert, J.)

Mar 2, 2016

Probate : Sexually Violent Predator – Subsequent Petition – Collateral Estoppel

In the Matter of the Care and Treatment of Gregory Parr v. State (MLW No. 68851/Case No. WD77959 – 16 pages) (Missouri Court of Appeals, Western District, Ahuja, J.)

Feb 22, 2016

Employer – Employee : Retaliation – FBI Employee – Collateral Estoppel

Turner v. U.S. Department of Justice (MLW No. 68807/Case No. 14-3678 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, J.)

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