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Kansas City lawyers lose trolley-track appeal
Two married lawyers in Kansas City have lost their appeal in a lawsuit accusing them of encroaching onto publicly owned land by building a fence beyond the bounds of their property near a popular recreational trail. In a Feb. 4 ruling, a three-judge panel of the Missouri Court of Appeals Western District affirmed a lower-court […]
13 seek seat on Court of Appeals Western District
The Appellate Judicial Commission will interview 13 applicants on Feb. 13 for the vacancy on the Missouri Court of Appeals Western District created by the recent retirement of Judge Vic Howard. The commission said the list comprises five women and eight men. There are three minority applicants. Nine are from outside the Kansas City metropolitan […]
Court amends ballot language for voting measure
A Missouri appeals court has partially reversed a ruling approving ballot language in an initiative petition effort aimed at making it easier to vote. In a Jan. 29 opinion, a three-judge panel of the Missouri Court of Appeals Western District largely upheld the ballot summaries prepared by the Missouri Secretary of State, but found two […]
Missouri Supreme Court issues more opinions — and faster — in 2019
The Missouri Supreme Court ended 2019 a bit more productive, slightly less divided and a little quicker than in the previous year. The court issued 33 written opinions in the latter half of 2019, bringing the year’s total to 75. That’s a dozen more than the prior year, when the court issued a historically low […]
Court upholds $1.1M contested-will verdict
The Missouri Court of Appeals has affirmed a $1.1 million verdict in a contested-will case from Clay County. On Dec. 31, a three-judge panel of the Missouri Court of Appeals Western District unanimously affirmed the verdict for plaintiffs Randy Netherton, Michael Netherton and Sheryl Perry. The three are the children of Osta Ann Netherton, who […]
Court reverses costs against ex-Burberry store employee
A 2017 amendment to the Missouri Human Rights Act that widened the ability of prevailing parties to seek costs and attorneys’ fees does not apply retrospectively, the Missouri Court of Appeals Western District has ruled. On Dec. 24, a three-judge panel unanimously ruled to reverse costs taxed against Mona Brummett, a former employee at the […]
Court to hear appeal in Missouri open records dispute
An open records dispute over whether the state can charge fees for the time officials spend redacting documents is headed to an appellate court. At issue is a lawsuit filed by St. Louis attorney Elad Gross against Republican Gov. Mike Parson’s administration challenging a $3,618 bill he received last year to process an open records […]
Court to hear appeal in Missouri open records dispute
An open records dispute over whether the state can charge fees for the time officials spend redacting documents is headed to an appellate court. At issue is a lawsuit filed by St. Louis attorney Elad Gross against Republican Gov. Mike Parson’s administration challenging a $3,618 bill he received last year to process an open records […]
Text-look case: No privacy for messages sent to third parties, appeals court rules
A Missouri appeals court has ruled for the first time that a person does not have a reasonable expectation of privacy when it comes to text messages the person sent to third parties. On Dec. 10, a three-judge panel of the Missouri Court of Appeals Western District affirmed the conviction of Ramon D. Boyd for […]
Appeals court affirms $3.5M verdict against BNSF
A Missouri appeals court has affirmed a $3.5 million verdict for a railroad conductor who was injured in a 2013 train collision in Kansas. On Nov. 26, a three-judge panel of the Missouri Court of Appeals Western District ruled in favor of Stephen C. Wynn in his case against BNSF Railway Co. Wynn sued BNSF […]
Applicants sought to succeed Victor Howard on Western District bench
The Appellate Judicial Commission will meet Feb. 13 to select finalists for a vacancy on the Missouri Court of Appeals Western District. Applications will be accepted until Jan. 10 to succeed Judge Victor Howard, who stepped down in November to become a mediator. The commission will conduct public interviews with applicants at the Western District […]
Court: Counsel failed to ask about jurors’ Facebook friends
Jurors did not fail to fully disclose their Facebook friendships with the parties of a Linn County bar-brawl case that resulted in a $100,000 verdict, the Missouri Court of Appeals Western District ruled Oct. 29. Instead, the court ruled that the plaintiffs’ attorneys failed to fully question jurors about their Facebook connections. The court affirmed […]
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- 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
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