State Law

Two initiative petitions will appeal

Posted on March 13, 2008
Two initiative petitions will appeal in November on Missouri ballots. St Louis Business Journal. Two initiative petitions, one pertaining to employees' paychecks and one pertaining to Missouri's Children's Health Insurance Program, met state standards for circulation for the November 2008 ballot, Missouri Secretary of State Robin Carnahan said Thursday...

Newly merged firms Husch Eppenberger

Posted on March 13, 2008
Newly merged firms Husch Eppenberger and Blackwell Sanders plan to open offices in Denver and Chicago within the next few months St Louis Business Journal. Husch Blackwell Sanders LLP, a newly merged Missouri-based law firm with more than 630 attorneys, plans to open a Denver office by the end of the month, its co-chairman said Monday...

PSC will appeal Cass County ruling

Posted on March 12, 2008
PSC will appeal Cass County ruling on Aquila plant Kansas City Business Journal "The Aquila Inc.'s $140 million Cass County power plant case may be headed to the Missouri Supreme Court. By a vote of 4-0 with one abstention, the Missouri Public Service Commission decided Tuesday to appeal the ruling from the Missouri Court of Appeals State ex rel...

Infighting at the Missouri House

Posted on March 12, 2008
Infighting at the Missouri House as Republicans try to introduce constitutional amendment to head off Kansas school funding lawsuit. Kansas City Star. Missouri House Republicans overruled vigorous Democratic opposition to give preliminary approval Tuesday to a constitutional amendment that would limit rulings by state courts (HJR 41)...

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Opponents of St Peters "Premier

Posted on March 10, 2008
Opponents of St Peters "Premier 370" TIF development near Highway 370 will get their day in court after the Missouri Court of Appeals Western District reverses summary judgment the Cole County Circuit Court gave to the City to go ahead with its development project...

Applebee's settles lawsuit with

Posted on March 02, 2008
Applebee's settles lawsuit with New Jersey labor union's shareholder lawsuit over proxy information in Delaware Chancery Court. KC Business Journal.A Delaware court on Friday approved settlement of a shareholder lawsuit against Applebee's International Inc...

Missouri Supreme Court allows grandmother's

Posted on March 02, 2008
Missouri Supreme Court allows grandmother's plaintiff ad litem appointment to relate back to the date she filed a wrongful death petition against defendants for her granddaughter's shooting death. Eleanore Thorson, Appellant v. Elizabeth Connelly, Robert Palmer, and Betty Palmer, Respondents...

Missouri Supreme Court with Justice

Posted on March 02, 2008
Missouri Supreme Court with Justice Price dissenting, reverses defendant's conviction for statutory rape and sodomy because the State introduced other crimes evidence in the testimony of a child who testified the defendant assaulted the same way the defendant allegedly assaulted the victim...

Missouri Supreme Court nixes residency

Posted on March 02, 2008
Missouri Supreme Court nixes residency restrictions on sex offender who plead guilty to his crime before the effective date of Section 566.147 RS Mo. (2006). R.L., Respondent v. State of Missouri Department of Corrections, Appellant. : SC88644In December 2005, R...

Missouri Supreme Court denies property

Posted on March 02, 2008
Missouri Supreme Court denies property owners declaratory judgment petition to review Lafayette County's adverse zoning decision regarding their land because they should seek review to the Circuit Court by a writ of certiorari. Maurice Gash and Nancy Gash, Appellants/Respondents v...

Missouri Court of Appeals Western

Posted on February 18, 2008
Missouri Court of Appeals Western District reverses Cole County Circuit Court dismissal of Attorney General's reimbursement claim of incarceration costs against Missouri inmate.State of Missouri, ex rel., Jeremiah W. Nixon, Attorney General, Appellant, v...

Missouri Court of Appeals Eastern

Posted on February 18, 2008
Missouri Court of Appeals Eastern District allows defendant anesthesiologist to show video of plaintiff's brain surgery during closing arguments. Appeals court rules that although the the trial court had insufficient evidence to blame the surgeon for operating on the plaintiff's aneurysm without proper MRI tests, the error was harmless because the jury found zero percent fault against the anesthesiologist ...

Follow up: Missouri Supreme Court

Posted on February 17, 2008
Follow up: Missouri Supreme Court hears Brown & Williamson's appeal of the $20million verdict against it from Jackson County. Missouri Supreme Court Case Summaries for February 13, 2008. "Lincoln Smith's wife began smoking cigarettes manufactured by Brown & Williamson Tobacco Company in 1942 and quit in 1990 after being diagnosed with heart disease and emphysema...

Old Country Buffet's parent company

Posted on February 17, 2008
Old Country Buffet's parent company files Chapter 11 reorganization and will close some St Louis-area restaurants. St Louis Business Journal.Buffets Holdings Inc., parent company of Old Country Buffet, announced Tuesday that it has filed for Chapter 11...

Least Terns, Piping Plovers and

Posted on February 13, 2008
Least Terns, Piping Plovers and Pallid Sturgeons win Appeals Court victory over farmers. Eight Circuit Court of Appeals allows Army Corps of Engineers to proceed with dual Spring water surges from Gavins Point Dam downstream on the Missouri River.071149P...

Injured Employee's average weekly

Posted on February 09, 2008
Injured Employee's average weekly wage calculated at his certain hourly rate and not on the prevailing wages for workers doing similar work rules the Missouri court of appeals, Southern district in the worker's appeal against the Second Injury Fund. David Murphy, Claimant/Appellant v...

Missouri Court of Appeals Southern

Posted on February 09, 2008
Missouri Court of Appeals Southern District prohibits holding probation revocation when court continued the defendant's probation revocation several times past the original term of his probation while the defendant had completed restitution but had been charged with a new offense...

National employment law defense

Posted on February 08, 2008
National employment law defense firm opens Creve Coeur office with lawyers from Thompson Coburn and Brown James. St Louis Today Business. Littler Mendelson, which calls itself the nation?s largest employment and labor law firms, has opened an office in Creve Coeur and hired Harry Wellford, formerly a partner at Thompson Coburn, as managing shareholder...

Follow up: After the FDIC took

Posted on February 07, 2008
Follow up: After the FDIC took over the Douglass Bank and handed operation to Liberty Bank of New Orleans, the succeeding bank plans expansion. KC Business Journal. The New Orleans-based bank that will run Douglass National Bank said Monday that expansion is the first step in a national strategy...

Interstate Bakeries (IBC) files

Posted on February 07, 2008
Interstate Bakeries (IBC) files Chapter 11 reorganization plan. KC Business Journal. d get about $616 million in payments as part of a plan to emerge from more than three years in Chapter 11 bankruptcy.Unsecured creditors, owed $193.9 million, would receive 26...

How dare they take judicial selection

Posted on February 07, 2008
How dare they take judicial selection away from trial lawyers and past Democrat governors? Better Courts for Missouri faces heat and ridicule. KC Business Journal. Better Courts for Missouri, with the wed id. http://www.newmoplan.com/materials.aspx seeks to tweak the Missouri Plan to reduce the influence of attorneys in the judge selection process...

Follow up: Solutia sues lenders

Posted on February 07, 2008
Follow up: Solutia sues lenders who backed out from financing its Chapter 11 exit plan. St Louis Business Journal. Solutia Inc. on Wednesday sued the lead arrangers of the company's exit financing package saying the three banks have refused to fund a $2 billion bankruptcy exit financing package for Solutia they had previously committed to...

Follow up: Principal of two medical

Posted on February 07, 2008
Follow up: Principal of two medical staffing services agencies pleads guilty to failing to deposit employment taxes. ST Louis Business Journal.Paul Scott King Jr. pleaded guilty to three felony counts of failing to pay employment taxes after he collected them from employees, U...

Eighth Circuit Court of Appeals

Posted on February 07, 2008
Eighth Circuit Court of Appeals affirms defendant's conviction for noticing other Kazaa peer-to-peer users when he posted the availability of downloadable files containing child pornography. 071991P.pdf 01/17/2008 United States v. Walter SewellU.S...

Chapter 13 debtors who surrender

Posted on February 07, 2008
Chapter 13 debtors who surrender "910 day" automobile collateral still may not strip down the car lender's deficiency claim under the "hanging paragraph" of Section 1325(a)(9) that Congress added in the 2005 Bankruptcy Reform Act.071726P.pdf 02/05/2008 Capital One Auto Finance v...

Additional $4 million property

Posted on February 06, 2008
Additional $4 million property tax abatement to renovate east side apartment complex will keep dream of reclaiming urban-core housing alive. KC Business Journal. the Planned Industrial Expansion Authority abated taxes on a proposed $4 million two-year renovation by the new owner of the Timber Creek Apartments, which the new owner SC California Property Holdings will rename Arrowead VillageThe 113-unit complex at 3218 Brighton Ave...

Lake loses document discovery motion

Posted on February 06, 2008
Lake loses document discovery motion in Federal Court in which he sought to show collusion between Westar Energy and the Government for his second retrial. Kansas City Business Journal. Last week Federal District Court Judge Julie Robinson said Lake's request for subpoenas for documents from law firms representing Westar (NYSE: WR) and its board was overly broad...

National Institute of Health awards

Posted on February 06, 2008
National Institute of Health awards research grant to leading head injury researcher at the University of Kansas. KC Business Journal. Randolph Nudo, a brain-injury researcher at the University of Kansas Medical Center, has received a seven-year grant extension worth at least $4 million...

Eighth Circuit Court of Appeals

Posted on February 03, 2008
Eighth Circuit Court of Appeals rejects Missouri death row inmate's habeas appeal for his murder conviction for killing a Jasper County Sheriff's deputy in 1996/063260P.pdf 02/01/2008 Cecil Clayton v. Donald P. Roper U.S. Court of Appeals Case No: 06-3260 U...

Lee's Summit entrepreneur won a

Posted on February 02, 2008
Lee's Summit entrepreneur won a reversal of his child abuse conviction after six years and then sued the police detective and the businessman's ex-wife for violating his civil rights. Eighth Circuit Court of Appeals rules the plaintiff presented sufficient evidence to proceed with his Section 1983 case against the police detective and the ex-wife who turned on him...

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