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Laura Bentele
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Multiple trial court errors taken up on appeal, including admission of a wobbly expert's testimony, exclusion of evidence, and the denial of various motions. Notably emphasized in the opinion: evidence excluded due to a motion in limine does not preserve anything for appeal. "To properly preserve a challenge to the... Continue reading
Posted Mar 29, 2018 at Missouri Law Blog
Case addressing evidentiary and instructional issues associated with submission of issue of future medical damages. "When using evidence of future medical consequences to establish the value of a present injury, it is not necessary to establish the future consequences are reasonably certain to occur; rather, the plaintiff must show merely... Continue reading
Posted Mar 29, 2018 at Missouri Law Blog
Citing to other recent authority, the opinion notes that the contents of a municipal ordinance "must be proven like every other fact." City of Kansas City v. Powell, 451 S.W.ed 724, 740 n.15 (Mo. App. W.D. 2014). Further, the mere inclusion of documents in an appendix to a brief does... Continue reading
Posted Feb 28, 2018 at Missouri Law Blog
Dismissal of an appeal on procedural grounds highlights how easy it is to go wrong and the importance of being diligent/careful. Court Summary: A substantial-evidence challenge and an against-the-weight-of-the-evidence challenge are distinct legal claims that must be asserted in separate points relied on under Rule 84.04 to be preserved for... Continue reading
Posted Jan 31, 2018 at Missouri Law Blog
Respondent overlooked party's failure to produce a privilege log on the basis that the Respondent deemed requested documentary material to be privileged as work product after in camera review. Notwithstanding this determination, a writ was issued directing Respondent to order the party to produce a privilege log. Underscores litigant entitlement... Continue reading
Posted Dec 13, 2017 at Missouri Law Blog
Contingent-fee arrangements may not be considered a mandatory cap in awarding reasonable attorneys' fees under the MMPA. "While the presence of a pre-existing contingent-fee agreement may aid a trial court in determining the reasonableness of a statutory award of attorneys' fees, a contingent-fee contract does not impose an automatic ceiling... Continue reading
Posted Dec 13, 2017 at Missouri Law Blog
"The scope of medical authorizations has long been fertile ground for discovery disputes. But it need not be so. In State ex rel. Stecher v. Dowd, 912 S.W.2d 462, 464 (Mo. banc 1995), and State ex rel. Jones v. Syler, 936 S.W.2d 805, 807 (Mo. banc 1997), this Court established... Continue reading
Posted Nov 28, 2017 at Missouri Law Blog
Appellant asserted that builder "used deception, fraud, false pretense, misrepresentation, unfair practices and/or concealment" in connection with the sale or advertisement of a second-story addition (that was done poorly, slowly, and never materially completed), thus violating the MMPA. At the close of evidence at trial, the trial court granted builder's... Continue reading
Posted Nov 28, 2017 at Missouri Law Blog
This case is very instructive on the MAI, and in particular the use of not-in-MAI instructions. A defense verdict is reversed because the defendant got the trial judge to instruct the jury on an abstract issue of law: Hale’s appeal challenges not-in-MAI Instruction 9, a one-sentence submission given at BNSF’s... Continue reading
Posted Aug 12, 2017 at Missouri Law Blog
Contrary to Appellant's argument, Court emphasizes that state of mind is of no import as the first issue to consider in either a claim for negligence or reckless conduct is whether the defendant had a personal duty of care toward the injured party. Trooper Lyle owed no personal duty of... Continue reading
Posted May 16, 2017 at Missouri Law Blog
Court Summary: Lucas Subway MidMo, Inc. ("Lucas Subway") sued The Mandatory Poster Agency, Inc. d/b/a Corporate Records Service ("MPA") for the unauthorized practice of law, money had and received, and violations of the Missouri Merchandising Practices Act, seeking class certification on all claims. The Cole County Circuit Court denied Lucas... Continue reading
Posted May 12, 2017 at Missouri Law Blog
02/01/2017 Jim Sciaroni v. Target Corporation U.S. Court of Appeals Case No: 15-3909 and No: 15-3912 and No: 16-1203 and No: 16-1245 and No: 16-1408 U.S. District Court for the District of Minnesota - Minneapolis [PUBLISHED] [Shepherd, Author, with Benton, Circuit Judge, and Strand, District Judge] Civil case - Class... Continue reading
Posted Feb 7, 2017 at Missouri Law Blog
One of the few contexts in which the word "jurisdictional" still means something: On January 26, 2015, Wife filed a “Motion to Set Aside Decision, Amend, Reconsider, or Alternatively for New Trial” (“post-trial motion”). Under the rules, the judgment would become final if the motion wasn't decided within ninety days,... Continue reading
Posted Jan 31, 2017 at Missouri Law Blog
Intent of the statute implementing the USPAP found to supersede technical issue associated with adoption of more recent editions of the USPAP. Court Summary: Eugene Dwiggins appeals from the Missouri Real Estate Appraisers Commission’s (“Commission”) finding that he was subject to professional discipline for violating the Uniform Standards of Professional... Continue reading
Posted Dec 28, 2016 at Missouri Law Blog
Relators/Defendants Fogle Enterprises, Inc., and Nolan Fogle requested that the Court issue a writ prohibiting Respondent, the Honorable Laura J. Johnson, from continuing to conduct the underlying litigation, styled Richard McMillin v. Fogle Enterprises, Inc., et al., Case No. 14AF-CC00154-01 (Christian County, Mo.), as a class action. Relators maintain that... Continue reading
Posted Nov 22, 2016 at Missouri Law Blog
On April 6, 2015, Trenton Farms applied to the Missouri DNR for a state no-discharge operating permit for a swine CAFO. DNR personnel reviewed the permit application and, on April 12, 2015, issued a permit to Trenton Farms to operate the requested CAFO after finding that the application met all... Continue reading
Posted Nov 22, 2016 at Missouri Law Blog
Trial court reversed and remanded for further proceedings consistent with the recent 2016 Missouri Supreme Court decisions Peters v. Wady Indus.,Inc. and Parr v. Breeden. Court Summary: The court holds that, if the plaintiff alleges that a co-employee violated workplace safety rules, the co-employee can be liable for negligence. That's... Continue reading
Posted Aug 25, 2016 at Missouri Law Blog
During voir dire, counsel for Union Pacific inquired: "As you understand this is a claim by Mr. Larsen against Union Pacific for some injuries. This is not a labor dispute. But it is a dispute between an individual who happens to be the member of a labor union and a... Continue reading
Posted Aug 25, 2016 at Missouri Law Blog
Outright reversal based on determination that Plaintiff had failed to make a submissible case under the MMPA because the alleged misrepresentations were not actionable statements of fact but were merely inactionable puffery. Citing to the Eighth Circuit, "if a statement is not specific and measurable, and cannot be reasonably interpreted... Continue reading
Posted Mar 24, 2016 at Missouri Law Blog
In finding that a party is barred from collaterally attacking a dissolution decree because it constitutes a final judgment, the Court also notes that the parties were entitled to enter into an amicable settlement agreement with terms the trial court could not have ordered on its own. Court Summary: Bryan... Continue reading
Posted Mar 24, 2016 at Missouri Law Blog
Held that ambiguity is to be construed against the insurer. Court Summary: Dylan Martin and his parents, Rose and Roy Martin, appeal the trial court’s grant of summary judgment to Auto Owners Insurance Company (hereinafter “Owners”) on the issue of stacking the underinsured motorist coverages in the Martins’ automobile insurance... Continue reading
Posted Jan 18, 2016 at Missouri Law Blog
Missouri Human Rights Act found to not prohibit discrimination based on sexual orientation. Court Summary: James Pittman appeals from the circuit court's judgment dismissing his petition for damages alleging that his employer, Cook Paper Recycling Corporation, "caused the workplace to be an objectively hostile and abusive environment based on sexual... Continue reading
Posted Oct 31, 2015 at Missouri Law Blog
Trial court finds no ambiguity of the actual party to the party of the note and is affirmed. Original holder of the note and deed of trust found to have had legal authority to pass lawful title/possession to subsequent holders, including Respondents. Court Summary: Jillian Johnson appeals the trial court’s... Continue reading
Posted Sep 25, 2015 at Missouri Law Blog
Hong Kong company found to have established sufficient minimum contacts with Iowa to permit the exercise of personal jurisdiction. Court Summary: U.S. Court of Appeals Case No: 14-3054 U.S. District Court for the Southern District of Iowa - Des Moines [PUBLISHED] [Colloton, Author, with Chief Judge Riley and Kelly, Circuit... Continue reading
Posted Aug 30, 2015 at Missouri Law Blog