Search for: "Missouri Supreme Court"
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24 Apr, 2008 5:12 am
... , deceptive or misleading disclosures' by Allied." Id., at 697. Defense attorneys objected that the definition of the class "requires the court to resolve a paramount liability question in order to identify class membership." Id. The trial court granted
plaintiffs' ... separately those fees and services as to which class certification is sought." Id., at 697-98 NOTE: The Missouri
Supreme Court rejected a defense objection to the adequacy of class counsel based on the fact that
"one of the attorneys ...
16 Apr, 2008 5:10 am
... the fountain drink if they had known that it was made with saccharin. Id. Plaintiff filed a motion requesting that the trial court certify
the litigation as a class action; she proposed to define the class as "All individuals who purchased for consumption and ... -Cola, at 3-4, and after noting that the standard of review
was abuse of discretion, id., at 4, the Missouri Supreme Court turned to the merits. It noted that "the underlying question in any class action certification is whether the class ...
17 Jun 7:00 am
... local article, headlined "Ruling to force sex offenders' names back on Missouri registry," provides a report on the significant impact of a
ruling from the MIssouri Supreme Court concerning what sex
offenders must register with the state: Thousands ... , to register. The federal law "imposes an independent obligation requiring respondents to register as sex offenders in
Missouri," the judges wrote. Law enforcement authorities across the state, including Attorney General Chris Koster, applauded the ...
25 Aug, 2008 4:18 pm
The Missouri Supreme Court has issued a formal opinion
laying to rest any doubts about whether it is ethical for Missouri lawyers to offer collaborative legal services to their clients. The
Missouri opinion is in the ... In the context of collaborative law, the tension between the interests is not unreasonable. The practice of
collaborative law is considered ethical in Missouri. If an attorney practicing collaborative law finds him or herself in an actual conflict
situation, relating to this or any ...
13 Mar 9:49 am
... conduct myself on this blog as I do in all other aspects of my professional life… in a manner that would not "denigrate the dignity of the profession or trust in courts, of
which every lawyer functions as an officer." Therefore, while its applicability to this blog is not clear, Missouri Supreme Court Rule 4-7.2(f) states that "any advertisement or communication pursuant to" Rule 4-7.2 [and reaching
Missouri residents in Missouri ...
18 Nov, 2008 12:51 am
... , only four women have served on the state Supreme Court. The Women's Law Association (WLA) at
the University of Missouri School of Law hosted the first event ever to ... has only had four women sit on its highest court. Yet, all four of those women have been in my lifetime. That has to provide tremendous hope ... students. All four women attribute the newfound
diversity in the state's judiciary to the Missouri Court Plan, a nonpartisan system of appointing
judges, rather than by political appointment ...
20 Feb, 2008 10:38 am
... CITY - Gov. Matt Blunt (Contact) today issued the following statement on the Missouri Supreme
Court's ruling to allow some dangerous sex offenders to live near Missouri ... there prior to 2006:
"No sex offender should be allowed to live near a Missouri school or child care facility which is why the state has passed tough ... one
time.... "I will continue to take a tough stand against those who seek to harm Missouri's children which is why this year I have called for the
legislature to allow the death ...
24 Apr 7:53 am
A recent Missouri Supreme Court case ruled that a nursing
home cannot enforce a mandatory arbitration clause against a former resident's children even if an arbitration agreement with the nursing home had been signed. The court found that "the plaintiff in a wrongful death action is not bound by an arbitration agreement signed" by a sister on the mother's behalf in Lawrence v.
Beverly Manor, 2009 ...
24 Apr 7:53 am
A recent Missouri Supreme Court case ruled that a nursing
home cannot enforce a mandatory arbitration clause against a former resident's children even if an arbitration agreement with the nursing home had been signed. The court found that "the plaintiff in a wrongful death action is not bound by an arbitration agreement signed" by a sister on the mother's behalf in Lawrence v.
Beverly Manor, 2009 ...
27 Apr, 2007 7:48 pm
... of crimes included on the state's sex offender registry. But on Wednesday, several members of the Missouri Supreme Court suggested that the man shouldn't be forced to register. Nor, they argued, should others who pleaded
guilty ... the 2004 law unfairly punishes people retrospectively. If that account is indicative of a future opinion, it would be an interesting outcome. Courts across the country
have had no problem with applying registries retroactively. The state also made a mootness argument, ...
19 Mar, 2008 2:03 am
Disappointing news out of the Missouri Supreme Court. In
City of Arnold v. Tourkakis, No. SC88647 (Mar. 18, 2008), the court held that both chartered and non-chartered Missouri cities have the power to use eminent domain to take property for "redevelopment." The issue in the case was whether Article VI, section 21 of the
Missouri Constitution allowed only larger "chartered" cities to use the power. Background on the case here, and a summary of the issues by the
...
15 Apr 7:21 am
As detailed in AP articles here and here, the Missouri Supreme Court has ruled against a couple of sex offender in a couple of interesting settings. The headlines of the articles provides a summary of the rulings: "
Missouri Supreme court upholds 2005 child-visitation law
for sex offenders" and "Mo. Supreme Court says psychologist licensure cannot stop hearing for sex
offender."
14 Aug 7:59 pm
The Missouri Supreme Court recently decided against the
insurance company regarding an Underinsured Motorist provision in an automobile insurance policy. The case was Jones v. Mid-Century Insurance Company, 2009 WL 187211 (Mo. ... mean that
it never actually would be required to pay its insureds the full amount of underinsured motorist coverage that it purported to provide. Missouri law only requires drivers or automobile owners to carry liability limits of $25,000 per person/$50,000 per accident . ...
5 Apr 7:09 pm
View the article here 03/18/2009 The Missouri Supreme Court
rejected a challenge from a sex offender who incurred a prison sentence when he did not register a change of address notice within 10 days. The Supreme Court previously ruled that it was unconstitutional to require sex offenders convicted of crimes before Jan.
1, 1995, to register with local law enforcement authorities. Such a move, the ...
1 May, 2007 3:55 pm
"Missouri Supreme Court upholds parental lawsuits for
abortions": The Associated Press provides a report that begins, "The Missouri Supreme Court today upheld a law letting parents sue people who help their teenage daughters get abortions without their consent." My earlier coverage appears in the
post immediately below.
5 Apr 9:50 pm
(Post by eAdvocate) 4-6-2009 Missouri:The Missouri Supreme
Court rejected a challenge from a sex offender who incurred a prison sentence when he did not register a change of address notice within 10
days.The Supreme Court previously ruled that it was unconstitutional to require sex offenders
convicted of crimes before Jan. 1, 1995, to register with local law enforcement authorities. Such a move,
9 Jun, 2007 12:37 am
Jefferson City, Mo. - Attorney General Jay Nixon today filed motions with the Missouri Supreme
Court requesting execution dates be set for ten capital punishment inmates. Earlier this week, the 8th Circuit Court of Appeals vacated a federal district court's stay of all Missouri
executions using lethal injection and ruled that the state's lethal injection procedure is constitutional under the Eighth Amendment. Today's action involves the renewal of previous ...
19 May 12:37 am
JEFFERSON CITY | The Missouri Supreme Court has denied a
request to delay the scheduled execution of a man convicted in the slaying of a Good Samaritan 15 years ago. Dennis Skillicorn is to be executed at 12:01 a.m. ... for clemency from the
governor. Former inmate Jack Pyle says he turned his life around after regularly talking with Skillicorn. Meanwhile, the Supreme
Court has set an execution date of June 17 for Reginald Clemons, who was convicted 15 years ago in the deaths of two sisters shoved ...
10 Sep, 2008 3:28 am
The Missouri Supreme Court recently issued a formal ethics
opinion approving collaborative law practice. Missouri joins the majority of states having addressed the issue. The formal opinion (one of only
six issued since 1996) concluded that, as a type of...
17 Mar 10:43 am
3-17-2009 Missouri:Hannibal, MO - The Missouri Supreme
Court has upheld the conviction of a Marion County sex offender.William D. Holden was charged in April 1994 with two counts of sodomy with a
child under the age of 14.Before he pleaded guilty in March 1995, the state passed a law requiring sex offenders to notify sheriff's departments within 10 days of moving to a new
address.Holden was
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