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Commentary: Recent pitfalls in default judgment litigation
Missouri courts clarify how default judgments may be set aside, holding Rule 74.05 or 74.06 applies and denials must be directly appealed timely.
Appeals court upholds fees, tosses part of contempt appeal
The Western District upholds $3,665 in attorney’s fees in a Cole County divorce contempt case over an unpaid SBA loan and garnished wages.
Consumer Law: Loans-Violations of State Law-Res Judicata
Plaintiff appealed the dismissal of his civil complaint against defendants Where plaintiff’s claims of violations of state law were barred under principles of res judicata, the district court correctly dismissed […]
Criminal Law: Certificate of Innocence-Successive Petition-Res Judicata
Where an appellant, who achieved a reversal of convictions for federal gambling and money-laundering, petitioned for a second time for a certificate of innocence, the second petition is barred by […]
Civil Practice: Res Judicata-ADA Action-Associational Standing
Where a disabled man and a nonprofit organization that represented disabled individuals brought an action against a restaurant alleging ADA violations, the dismissal of the second suit was due to […]
Contracts: Breach-Arbitration Award-Res Judicata
Plaintiff appealed the order of the district court confirming an arbitration award in favor of defendants and dismissing plaintiff’s application to vacate the award. Where the court found no […]
Real Property Law: Zoning-Law of the Case-Res Judicata
Where homeowners, who sued a city and an animal shelter alleging violations of city zoning laws, challenged a judgment in favor of defendants, the judgment is affirmed because two of […]
Appellate Law: Points Relied On-Res Judicata-Zoning Case
Where property owners who brought claims of zoning-ordinance violations against a city and an animal shelter challenged the judgment in favor of the defendants, the plaintiffs’ points relied on […]
Civil Rights: 42 U.S.C. §1983-Pre-Service Dismissal-Res Judicata
Plaintiff appealed from the dismissal of his related §1983 actions. In the first action, the district court dismissed the complaint pre-service; in the second case, the district court dismissed on […]
Civil Practice: Res Judicata-Equitable Estoppel-Attorneys’ Fees
Where in a dispute regarding the rights and obligations of the parties to a services agreement, the communications company appellant sought reimbursement of its prepayment for unused support services, the […]
Probate: Will Contest- Collateral Attack- Res Judicata
Where appellants, who were family members of decedent, brought a will contest challenging the rejection by the probate division of one of the four purported wills of decedent, the trial […]
Civil Practice: Res Judicata- Privity- Contract Case
Where in a dispute over the ownership of a guitar originally owned by Elvis Presley, appellant challenged the judgment in favor of the museum currently in possession of the instrument, […]
Latest Opinion Digests
- Criminal Law-Second-Degree Rape-Sufficiency of Evidence
- Criminal Law-Witness Tampering-Sufficiency of Evidence
- Criminal Law-Post-Conviction Relief-Abandonment by Counsel
- Criminal Law-Filing Criminal Charges-Attorney General Aid
- Criminal Law-Civil Commitment-Sexually Violent Predator
- Criminal Law-Assault-Prosecutorial Misconduct
- Real Property-Prescriptive Easement-Public Right of Way
Legal Tech
- AI in practice: How new technology is affecting litigation practice
- Experts foresee legal malpractice risk for those who eschew AI
- Legal Decoder launches AI-powered billing analytics interface
Top stories
- Missouri COA awards sanctions for frivolous appeal
- St. Louis sues over ‘slow flip’ rental practices
- Missouri’s Kathy Lloyd named COSCA president
- BAMSL hires assistant executive director for Bar Foundation
- 8th Circuit dismisses Liberty Mutual appeal over remand order in Missouri
- Elderly couple injured in collision settles with insurer
- 8th Circuit rejects tribal school funding appeal
- 8th Circuit reverses shoreline use permit revocation
