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1 Feb 2011, 6:13 am by Beth Graham
In Appling Farms & Appling Interests, Ltd. v. [read post]
15 Jan 2011, 11:08 am by Tana Fye
  California has mixed case law coming out of its Courts of Appeals as to the existing Indian family exception. [read post]
14 Jan 2011, 2:00 am by John Day
Francois prejudgment interest on the ground that prejudgment interest is not available in personal injury cases” 205 S.W.3d at 916. [read post]
13 Jan 2011, 11:08 am by Tana Fye
  It was not to dictate that an illegitimate infant who has never been a member of an Indian home or culture, and probably never would be, should be removed from its primary cultural heritage and placed in an Indian environment over the express objections of its non-Indian mother…Numerous provisions of the Act support our conclusion that it was never the intent of Congress that the Act would apply to a factual situation as is before the court.[21]       Missouri… [read post]
13 Jan 2011, 11:08 am by Tana Fye
  It was not to dictate that an illegitimate infant who has never been a member of an Indian home or culture, and probably never would be, should be removed from its primary cultural heritage and placed in an Indian environment over the express objections of its non-Indian mother…Numerous provisions of the Act support our conclusion that it was never the intent of Congress that the Act would apply to a factual situation as is before the court.[21]       Missouri… [read post]
11 Jan 2011, 1:21 pm by Behr, McCarter & Potter, P.C.
Zahn, 823 S.W.2d 18, 22 (Mo.App. 1991).Parties are permitted to introduce extrinsic evidence to impeach a witness by showing his or her inability to perceive the events testified to; prior convictions; or to show bias, prejudice or interest in the proceeding, regardless of whether the subject of the extrinsic evidence is independently material to the case. [read post]
16 Dec 2010, 1:54 pm by Bexis
 Id.Given those differences, that all plaintiffs claimed the same general sort of injury from the same defendant’s product couldn’t justify consolidation:On appeal, the plaintiffs argue that despite the numerous differences articulated and entered into evidence regarding the twenty-seven [farmers], it is the same core of operative facts and questions of law that predominate and, thus, consolidation of the twenty-seven claims was proper. [read post]
17 Nov 2010, 2:00 am by John Day
“In the present case, the Court of Appeals upheld Trau-Med’s claim for civil conspiracy, maintaining that ‘under a proper set of facts,’ the corporate individuals could be held liable for conspiring to further their own individual interests. [read post]