With tornado season approaching, there is sure to be devastating tornados and storms, causing severe damage to homes. But homeowners should be leery of submitting claims for damage to their insurance companies. In the past two years, roughly 22,000 Missourians ...
Read More »Former clerk for 8th U.S. Circuit passes away
Longtime member of the legal community, Robert C. Tucker, passed away on Saturday, March 20, of a heart attack. He was 83 years old. Tucker was remembered for many things: his guardianship of the appellate court rules, his love of ...
Read More »Murder suspect's statements did not violate rights
A St. Charles man convicted of two counts of capital murder in 1982 has lost his most recent appeal – a habeas petition before the 8th U.S. Circuit Court of Appeals in which he argued that the state trial court ...
Read More »Proposed cut in legislative count may be responsible
Sometimes one takes on a cause just because it is right, even if no one seems to notice. Such may be the case for the Missouri House of Representatives if a proposed change to the state Constitution goes to public ...
Read More »Do's and don'ts from a former law clerk
I was a law clerk for Presiding Judge Jay A. Daugherty in Division 13 of Jackson County for 2 1/2 years. We worked a variety of dockets. During my clerkship, I learned a few things and would like to now ...
Read More »Court errs in allowing psychiatrist to testify
Despite winning a verdict of $45,000 in damages, a woman injured in a car accident appealed, arguing the court should not have allowed witness testimony from a psychiatrist who diagnosed her with somatization disorder without interviewing her or viewing her ...
Read More »Tenant eviction lacks evidence
A visitor’s criminal record won’t stop a Wellston resident from renting a subsidized apartment from the local public housing authority, the Missouri Court of Appeals, Eastern District, affirmed on Tuesday. “The Housing Authority’s efforts to promote the welfare and safety ...
Read More »Contractors advise caution
Spring has arrived and homeowners are making post-winter checks on their property, noting damage left behind by ice and snow, or facing, once again, those improvement projects that did not get completed last fall. With the opening of home improvement ...
Read More »Injury claim lacks evidence
When a woman testified that she didn’t see any ice or snow where she fell, she lost her claim for damages against a condominium and its maintenance crew. The Missouri Court of Appeals, Eastern District, affirmed a lower court’s decision, ...
Read More »Outsourcing of state jobs causes legislative action
Outsourcing jobs to workers in other countries isn’t just a private-sector issue anymore. It’s also a governmental concern. State Rep. Mark Abel, D-District 103, wants all state service contracts to require all contractor employees or subcontractor employees be citizens of ...
Read More »Prejudgment interest awarded in negligence case
A company that transports physically and mentally handicapped individuals is liable for the injuries suffered by a woman who was thrown out of her seat in an accident because she wasn’t wearing a seat belt. The woman, Donna Bowan, was ...
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