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Tag Archives: Standing

Bankruptcy: Standing-Jurisdiction

Where parties to a bankruptcy proceeding disputed whether claims against the creditors were barred by an injunction against claims that interfered with the implementation of the bankruptcy plan, the dismissal of the federal claims for lack of standing is affirmed, ...

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Civil Practice: Standing-Injury in Fact-ERISA

Where appellants filed an action under the Employee  Retirement Income Security Act of 1974 claiming that an insurer abused its discretion by partially denying their claim for air ambulance benefits under an employee health plan, the injury-in-fact component of standing ...

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Criminal Law: Post-Conviction Relief-Standing-Suspended Imposition Of Sentence

Where a defendant challenged the dismissal of her post-conviction motion, the motion court properly dismissed the motion without prejudice because the defendant lacked standing to file the motion because she had received a suspended imposition of sentence, was on probation ...

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Civil Practice: Discovery-Standing-Failure To Plead

Where appellant brought claims against a nonprofit corporation and requested records in part to determine whether the corporation violated the Missouri Merchandising Practices Act, the trial court did not err in dismissing the appellant’s amended petition because he failed to ...

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Torts: Fraudulent Transfer-Transfers to Corporate Owners-Standing

Plaintiff sued defendants, who operated an entity that sold plaintiff’s vehicle-service contracts. Although defendants agreed to pay a share of refunds for cancelled contracts, they failed to do so. Plaintiff alleged that defendants made transfers to themselves to render their ...

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Environmental Law: Validity of Bill-Composition of Commission-Standing

Where the Missouri Coalition for the Environment and one of its members challenged the constitutional validity of a bill that would change the composition of the state’s clean water commission, the trial court properly dismissed the petition because the coalition ...

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Consumer Law:Telephone Consumer Protection Act-Standing-Personal Liability

Defendant James Leininger financed a firm; the marketing company for the film hired defendant ccAdvertising to conduct a telephone marketing campaign. The company made 3.2 million phone calls in one week; plaintiffs received two of the messages and sued the ...

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