A man who made no self-incriminating remarks, never appeared nervous and cooperated fully during his arrest could not be convicted of possession of a controlled substance, because there was no proof he knew the drugs were hidden under his seat. ...
Read More »Company’s past actions outweigh lack of policy
Even though a company does not have an agreement stating it would pay severance pay if its employees are let go without cause, its past actions of paying severance pay speaks loudly to the U.S. Bankruptcy Court for the Western ...
Read More »Witness’ testimony would have unfairly surprised state
Although the state was aware of a defendant’s wife’s involvement in his case, there was no indication it had knowledge or should have had knowledge of the wife’s testimony. Stormy Martin’s testimony, had it been allowed by the trial court, ...
Read More »Ex-wife’s medical bills non-dischargeable in bankruptcy
A man’s failure to provide his ex-wife with health insurance has left him with her incurred medical bills, which are non-dischargeable in his bankruptcy action. After 25 years of marriage, Vickey and Steven Michael Basile Jr. divorced in 1995. As ...
Read More »March Calendar
Now-March 9 The Fragrance Garden, at the Powell Gardens, 1609 NW U.S. Highway 50 in Kingsville. Winter garden hours are 9 a.m.-5 p.m. Admission is $5 for adults, $4 for seniors and $1.50 for children 5-12. For more information, visit ...
Read More »Homeowners' assn. lacked evidence of meeting attendance
After confirming an unincorporated homeowners’ association’s ability to sue, the Missouri Court of Appeals for the Western District overturned a trial court’s decision enforcing a restrictive covenant against two property owners. The Lake Arrowhead Property Owners Association sought to enforce ...
Read More »Teen must be recertified to stand trial as adult
At age 14, a Jackson County youth was certified to stand trial as an adult on charges of distribution of a controlled substance near a school and second degree trafficking, but charges were never filed by the state. One year ...
Read More »Failure to notify jury of possible insurance coverage sends claim back to trial court
By disallowing information be brought to trial regarding a defendant’s insurance policy kept a jury from deciding the real issue in an accident case: whether or not the driver of the vehicle was insured. After being rear-ended by a vehicle ...
Read More »Kansas City law firm celebrates one-year anniversary
The law firm of Henning & Bough celebrated one year of practice in Kansas City’s legal community last week. Paralegal Nancy Cline, office manager Kristi Dorrell, administrative assistant Dana Nowakowski, friends and colleagues of Denise Henning and Stephen Bough turned ...
Read More »Circuit court improperly dismissed suit against school district
To avoid allegedly unapproved taxes, a taxpayer has two options for remedy. He or she can either file an injunctive action before tax collection, or can seek a refund. Under Section 139.031 RSMo. 2000, to seek a refund, the taxpayer ...
Read More »Two-tier system of liability allows case to proceed
There are two levels of liability when bringing a dog-bite case. One is strict liability, showing the owner at least should have known his dog had vicious propensities. A second level is premises liability, which does not require proof that ...
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