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Contracts: Breach of Contract-Batson-Challenge Prejudgment Interest
(1)Where appellant general contractor and respondent office building owner cross-appealed in a dispute arising from a construction contract, the appellant’s Batson challenge failed because it did not show that the respondent’s reason for a strike was pretext, and the judgment is affirmed in part because the trial court did not abuse its discretion in excluding […]
Civil Practice: Unjust Enrichment-Prejudgment Interest-Voluntary Payment Doctrine
(1)Where in a dispute arising from change orders to a construction contract, the trial court did not abuse its discretion in overruling its motions for continuance and to amend, and the court properly entered judgment against the subcontractor for unjust enrichment because the judgment was supported by the evidence, and the voluntary payment doctrine did […]
Municipal: License Taxes-Prejudgment Interest
The parties cross-appealed from the judgment finding plaintiff liable for municipal fees and taxes and awarding defendant cities attorneys’ fees and interests. Where the state legislature had a rational basis for implementing the authorizing statute for the license taxes, imposition of the taxes and fees was not unconstitutional, but the trial court erroneously calculated […]
Insurance: Fire Loss- Damages- Prejudgment Interest
Where a homeowner who suffered a partial fire loss challenged a directed verdict against her on her claims for the structure, personal property and prejudgment interest, the homeowner failed to make a submissible case on the issue of damages on her structure claim, and the directed verdict was also appropriate on the personal-property claim because […]
Tort : Action On Account – Delivery – Prejudgment Interest
Agriservices of Brunswick v. Jacoby (MLW No. 71599/Case No. WD80895 – 13 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)
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.)
Contracts : Construction Contract – Prejudgment Interest – Stricken Language
G&G Mechanical Constructors, Inc. v. Jeff City Industry, Inc. (MLW No. 71481/Case No. WD80840 – 7 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)
Municipal : Prejudgment Interest – Incomplete Record – Ordinance
City of Kansas City v. Cosic (MLW No. 71430/Case No. WD80985 – 6 pages) (Missouri Court of Appeals, Western District, Martin, J.)
Contracts : Hospital Acquisition – Capital Expenditure – Prejudgment Interest
Health Care Foundation of Greater Kansas City v. HM Acquisition, LLC (MLW No. 70099/Case No. WD79340 – 35 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.)
Insurance : Duty To Defend – Toxic-Tort Lawsuit – Prejudgment Interest
The Doe Run Resources Corporation v. American Guarantee & Liability Insurance (MLW No. 69748/Case No. ED103026 – 20 pages) (Missouri Court of Appeals, Eastern District, James M. Dowd, J.)
Consumer Law : Fair Debt Collection Practices Act – Prejudgment Interest
Haney v. Portfolio Recovery Associates, LLC (MLW No. 69734/Case No. 15-1932 – 28 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Contracts : Master Services Agreement – Termination Clause – Prejudgment Interest
Barkley, Inc. v. Gabriel Brothers, Inc. (MLW No. 69459/Case No. 15-2307 – 19 pages) (U.S. Court of Appeals, 8th Circuit, Wollman, 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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