A tort against a corporation is committed where the physical injury takes place, and it is the law of that state that applies to any ensuing lawsuits brought by the corporation, said the 8th U.S. Circuit Court of Appeals. In ...
Read More »Sheriff not protected by qualified immunity in suicide case
Qualified immunity does not protect a South Dakota sheriff who acted “deliberately indifferent” toward a suicidal inmate, the 8th U.S. Circuit Court of Appeals ruled on Monday. “‘The Eighth Amendment prohibits officials from acting with deliberate indifference toward an inmate’s ...
Read More »ABA urges Bush to press for weapons ban
American Bar Association President Dennis W. Archer today said that, unless President Bush urges Congress to reauthorize the 1994 federal assault weapons ban, “our communities will once again see an increase in senseless violence. We must ensure that the ban ...
Read More »The 2003-04 decisions of the U.S. Supreme Court: A slightly different view
It is that time of the year again. The Supreme Court finished its work in late June. The justices are off to “teach” in Europe and other fun places while the law professors and experts hold seminars to tell you ...
Read More »Underinsured motorist policy benefits reduce award
A circuit court should have reduced its award to an injured passenger in a car crash who received $25,000 from underinsured motorist benefits from the driver’s policy, the Missouri Court of Appeals for the Western District ruled in an affirmed ...
Read More »Wrongfully imprisoned man allowed to pursue suit against state employees
A man held in jail 57 days after a court ordered his release may pursue his wrongful imprisonment claims against state employees who ignored his pleas for freedom, ruled the 8th U.S. Circuit Court of Appeals on Wednesday, finding five ...
Read More »Damage awards reduced in suit
The CBS-Viacom merger may have seemed like a profitable idea in 1999, but baggage left over from CBS’s Westinghouse Electric Corp. buyout has the communications company facing hefty environmental litigation. However, Viacom might be making some progress. Earlier this month, ...
Read More »KC School District not responsible for attorney fees
A Kansas City school district alleged to have robbed a teacher of personal school supplies will not have to pay attorney fees for due process claims she brought against the district, the 8th U.S. Circuit Court of Appeals ruled on ...
Read More »Evidence does not support child endangerment, murder convictions
Because the state did not prove a mother was aware that her boyfriend posed an actual risk to her two year-old son’s life, the Missouri Court of Appeals for the Western District reduced her conviction from one count of first-degree ...
Read More »Mo. court lacks jurisdiction in contract dispute
If a contract provides a specific arbitration location outside the state of Missouri, Missouri courts hold no jurisdiction over the matter, the Missouri Court of Appeals, Eastern District, determined on Tuesday. The appellate court issued its decision after a company ...
Read More »Holden signs trust law reform bill
Missouri Gov. Bob Holden signed into law on Friday a bill to reform Missouri trust law. The Missouri Uniform Trust Code, drafted by The Missouri Bar, is a comprehensive revision of Missouri’s trust code. It took four years for the ...
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