This is Laura Bentele's Typepad Profile.
Join Typepad and start following Laura Bentele's activity
Join Now!
Already a member? Sign In
Laura Bentele
Recent Activity
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
Foreign insurance company sought to have a default judgment set aside for lack of personal jurisdiction. Court took up only whether the insurer received valid service of process, finding that all the requirements of section 375.906 were met for valid service. Court Summary: Overview: A couple that won a default... Continue reading
Posted Jun 17, 2015 at Missouri Law Blog
Evaluation of the contours of mandamus from the Missouri Court of Appeals Western District. ""The purpose of the extraordinary writ of mandamus is to compel the performance of a ministerial duty that one charged with the duty has refused to perform." Furlong Companies, Inc. v. City of Kansas City, 189... Continue reading
Posted Jun 17, 2015 at Missouri Law Blog
Thorough overview of procedure associated review of administrative matters, including the impact of the Missouri Administrative Procedure Act. Court Summary: This appeal follows the circuit court’s reversal of the Livingston County Commission’s entry of a Public Nuisance Order against Larry and Gloria Johnston. Because of the parties’ and the circuit... Continue reading
Posted Jun 12, 2015 at Missouri Law Blog
"Prior to this insurance dispute, Linda Nunley was killed while working for a charcoal manufacturer. The plaintiffs obtained a judgment for wrongful death against Junior Flowers, the company's sole owner, director, and executive officer. Flowers assigned his insurance claims to the plaintiffs, and they sued the insurer for breach of... Continue reading
Posted Apr 29, 2015 at Missouri Law Blog
In the context of litigation resulting from a builder's financial collapse, this case out of the Eastern District provides a close look at the "four identities of res judicata" and associated case law. The trial court granted builder's motion to dismiss certain claims on the grounds of res judicata in... Continue reading
Posted Apr 29, 2015 at Missouri Law Blog
Easy to read this case as setting forth the rules for setting aside a default judgment entered against a local mom-and-pop defendant, as opposed to an out-of-town corporation. Cases in the latter context are sometimes a little different--ex. a "good faith mistake" in failing to appear for a hearing may... Continue reading
Posted Apr 29, 2015 at Missouri Law Blog
Buyers moved to compel arbitration in underlying litigation filed by 50 Plus Pharmacy, Inc./Sellers. Motion to compel denied by trial court. Sellers allege that the opposing parties breached their respective obligations under the governing agreement and that Buyers engaged in tortious conduct unrelated to any attempt of any party to... Continue reading
Posted Mar 31, 2015 at Missouri Law Blog
Court summary: Randel and Kathryn McDonald, doing business as McDonald Marketing Services, appeal the circuit court's judgment in an equitable garnishment action finding that Insurance Company of the State of Pennsylvania (ICSOP) is entitled to a credit in the amount of $62,500 for amounts paid to the McDonalds by two... Continue reading
Posted Mar 31, 2015 at Missouri Law Blog
In a partition gone very wrong for one owner, the court upholds a $10.00 sheriff's sale of a property valued by the trial court to be $65,000.00. Appellant's argument that respondent violated Rule 55.26 was found not to be preserved for appeal. Further, the court did not find that the... Continue reading
Posted Mar 10, 2015 at Missouri Law Blog
Court summary: Appellant WingHaven Residential Owners’ Association (“the Association”) appeals from the judgment of the trial court entered in favor of the Association and against Respondents Paul Bridges and Penny Bridges (“Respondents”). The Association alleges that the trial court erred in awarding only $500 in attorneys’ fees because the Association... Continue reading
Posted Mar 10, 2015 at Missouri Law Blog
Unfortunately, "battle of the experts" is not a revamped iteration of the American Gladiator series. Instead, this case addresses the role of expert opinions in establishing a prima facie case for summary judgment, as well as in demonstrating a genuine issue of material fact. Additionally, it provides a thorough examination... Continue reading
Posted Dec 9, 2014 at Missouri Law Blog