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Real Property: Oil and Gas Leases-Renewal-Fiduciary Duty
Where appellant oil companies sued defendants in a dispute regarding royalty interests in oil and gas leases, the relevant top leases were new leases and were not extensions or renewals of the subject leases, so the overriding royalty interests did not burden the top leases, and the judgment is affirmed. Judgment is affirmed. Pitchblack Oil […]
Administrative: ERISA-Exhaustion of Remedies-Fiduciary Duty
Where a claimant challenged the termination of her disability benefits, the judgment is affirmed because the claimant failed to administratively exhaust her claim of breach of fiduciary duty. Judgment is affirmed. Jones v. Aetna Life Insurance Company (MLW No. 74242/Case No. 18-1851 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.) Appealed from […]
Negligence: Fiduciary Duty-Legal Malpractice-Expert Affidavit
Where plaintiff brought claims including breach of fiduciary duty, collusion and fraud against an attorney and a law firm in a dispute arising from commercial transactions, summary judgment for the defendants was proper because the district court correctly determined that the fiduciary-duty claim was derivative of a legal malpractice claim so an expert affidavit was […]
Civil Practice: Fiduciary Duty-Affirmative Defense-Ecclesiastical Matters
Where a Baptist university challenged the grant of summary judgment against it and in favor of the executive board of the Missouri Baptist Convention in a dispute arising from the appointment of trustees, the convention had standing to sue, and the judgment is affirmed because many of the university’s affirmative defenses involve ecclesiastical matters, so […]
Employer – Employee : ERISA – Fiduciary Duty – Deficient Pleading
Meiners v. Wells Fargo & Company (MLW No. 71942/Case No. 17-2397 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.)
Employer – Employee : ERISA – Severance Benefits – Fiduciary Duty
Boyd v. ConAgra Foods, Inc. (MLW No. 71311/Case No. 16-1763 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.)
Civil Practice : Partnership – Fiduciary Duty – Law Firm Dissolution
Finch v. Campbell (MLW No. 71245/Case No. WD80283 – 25 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Torts : Fiduciary Duty – Prepaid Funeral Contracts – Trust Law
Howard v. Cassity (MLW No. 70902/Case No. 15-3872 – 21 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Probate : Durable Power Of Attorney – Fiduciary Duty – Attorney-In-Fact
Mintner v. Mintner (MLW No. 70902/Case No. WD79754 – 11 pages) (Missouri Court of Appeals, Western District, Welsh, J.)
Probate : Revocable Living Trust – Fiduciary Duty – Attorney’s Fees
Brown v. Brown (MLW No. 70632/Case No. ED104411 – 18 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.)
Probate : Revocable Living Trust – Fiduciary Duty – Attorney’s Fees
Brown v. Brown (MLW No. 70632/Case No. ED104411 – 18 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.)
ERISA : Defined Contribution Savings Plans – Fiduciary Duty – Attorney’s Fees
Tussey v. ABB, Inc. (MLW No. 70275/Case No. 15-2792 – 16 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)
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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