Where decedent’s children challenged the grant of summary judgment to decedent’s second wife in a quiet-title action, the compulsory counterclaim rule did not require the wife to file her current action in a previous stage of the litigation, and the ...

Tagged with: Compulsory Counterclaim Quiet Title Real Property 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 ...

Tagged with: civil practice Notice Petition for Accounting Standing

Where plaintiffs brought a class action against the state and governor of Missouri and officials of the state’s public-defender system arguing that the state was failing to meet its obligations to provide indigent criminal defendants with meaningful representation, the state ...

Tagged with: Administrative civil practice ERISA Indigent Defendants Right To Counsel Sovereign Immunity Standing ‘Cross-Plan Offsetting’

Where out-of-network medical providers, who brought class-action cases litigating under ERISA for their patients against a health-insurance plan administrator, argued that the relevant plan documents did not authorize the administrator to engage in cross-plan offsetting, a doctor was authorized to ...

Tagged with: Administrative ERISA Standing ‘Cross-Plan Offsetting’

Where the defendant in a class action moved to dismiss the case, arguing that the class representative lacked standing, the district court erred by not deciding standing before enforcing the settlement agreement, so approval of the settlement agreement is vacated, ...

Tagged with: civil practice class action Standing

Where appellant challenged a judgment holding that her deceased brother’s widow had standing as a beneficiary under the family trust, the trust did not include language that delayed the vesting of interests, and the trial court properly found that the ...

Tagged with: Beneficiary Interest Family Trust probate Standing

Plaintiff appealed the adverse grant of summary judgment based on her lack of standing. Plaintiff filed suit against defendant on behalf of the estate of her deceased husband. Where the probate court reappointed plaintiff as administrator ab initio after she ...

Tagged with: Appointment as Administrator ab Initio medical malpractice Negligence Standing

Where buyers of residential property sought a reduction in the appraised value of their property after researching the property’s assessment and sales history, the buyers did not have standing to challenge a 2008 assessment because they did not own the ...

Tagged with: Administrative assessment Standing Taxation

Auer v. Trans Union LLC (MLW No. 72094/Case No. 17-2413 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)

Tagged with: civil practice jurisdiction Standing

In the Interest of: D.J., C.W.J. and I.N.J. v. M.B.C. (MLW No. 72022/Case No. SD35454 – 3 pages) (Missouri Court of Appeals, Southern District, Rahmeyer, J.)

Tagged with: Domestic Relations Parental Rights Standing Termination

State ex. Rel. Attorney General Joshua D. Hawley v. Pilot Travel Centers (MLW No. 72038/Case No. SC96885 – 22 pages) (Supreme Court of Missouri, Russell, J.; Draper, Powell, Breckenridge and Stith, JJ., concur; Wilson, J., dissents in separate opinion filed; Fischer, C.J., concurs in opinion of Wilson, J.)

Tagged with: Authority breach of contract contracts Standing