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Consumer Law: MMPA-Nunc Pro Tunc-Notice
Where a car buyer claimed that the seller violated the Missouri Merchandising Practices Act by selling her a defective car without clear title, and the trial court first entered judgment in favor of the plaintiff and then replaced it with a judgment in favor of the defendant, the judgment is vacated and remanded because the […]
Real Property: Roadway Easements-Private Nuisance-Notice
Where appellants brought an action for damages arising from an alleged interference by the respondents with the use of roadway easements, the trial court’s entry of partial summary judgment is reversed to the extent that it found that the respondents did not have notice of the easements, and as a result the appellants were not […]
Contracts: Agreement To Limit Damages-Notice-Personal Injury Case
Where an insurer challenged the denial of its motion to set aside judgments in a dispute over an agreement to limit damages in a personal injury lawsuit being handle by a personal injury attorney, the amount of insurance coverage, the judgment is affirmed because the parties to the lawsuit entered into their agreement under the […]
Civil Practice: Default Judgment-Notice-Quitclaim Deed
Where appellants in a dispute arising from the ownership of real property challenged a default judgment entered against them, arguing that they were entitled to notice of the respondents’ motion for default judgment, the appellants were not entitled to such notice as they were in default, and counsel did not have a duty to notify […]
Negligence: Personal-Injury Case-Child-Support Lien-Notice
Where a medical-device manufacturer challenged the enforcement of a child-support lien on the proceeds of a personal-injury action that it paid to the plaintiff’s ex-husband, arguing that the plaintiff failed to comply with the exclusive statutory method for attaching the lien to the proceeds of a negligence or personal-injury lawsuit because she complied with the […]
Criminal Law: Expert Testimony-Notice-Emotional Juror
Where a defendant who was convicted of the receipt of images depicting the sexual exploitation of minors argued that the district court abused its discretion by allowing the government’s expert to testify outside of the scope of the expert notice, the judgment is affirmed because the testimony was within the scope of the notice, and […]
Civil Practice: Petition for Accounting-Notice-Standing
Where a law firm challenged a trial court’s grant of judgment on the pleadings, which dismissed its petition for accounting, the judgment is reversed because the petition provided reasonable notice of the nature and the extent of the firm’s claim under Section 461.300, and the firm had standing to bring the claim as a qualified […]
Civil Practice: Civil Forfeiture-Notice
Where plaintiff challenged the denial of his motion to set aside a civil forfeiture of property, the judgment is affirmed because the government took reasonable steps to notify him of the forfeiture proceeding even if the notice did not reach him. Judgment is affirmed. Sanders v. U.S. (MLW No. 72556/Case No. 18-1286 – 2 pages) […]
Employer-Employee: FMLA-Notice-Timeliness
Where an employee claimed that her employer interfered with her right to take leave under the Family Medical Leave Act, the judgment against her is affirmed because the district court did not err in finding that the notice given by the employee regarding the need for leave was untimely. Judgment is affirmed. Stringfield v. Cosentino’s […]
Administrative : Employee Termination – Sufficiency Of Evidence – Notice
Brown v. City of St. Louis (MLW No. 72071/Case No. ED106186 – 10 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)
Civil Practice : Attorney’s Fees – Notice – Title Insurance Policy
Lurie v. Commonwealth Land Title Company, LLC (MLW No. 72057/Case No. ED106156 – 8 pages) (Missouri Court of Appeals, Eastern District, Sullivan, J.)
Contracts : Breach Of Contract – Marketing Contract – Notice
First Dakota National Bank v. Eco Energy, LLC (MLW No. 71384/Case No. 16-4391 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)
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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