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Missouri Case Commentaries

Imposition of Constructive Trusts in Trust Administration: Insights from John Lynch v. George Lynch

Imposition of Constructive Trusts in Trust Administration: Insights from John Lynch v. George Lynch

Date: Aug 27, 2008
Imposition of Constructive Trusts in Trust Administration: Insights from John Lynch v. George Lynch Introduction The case of John Lynch, et al., Appellants, v. George A. Lynch, et al., Respondents...
Double Jeopardy and Admissibility of Prior Indictments in Penalty Phases: Comprehensive Analysis of State v. Fassero

Double Jeopardy and Admissibility of Prior Indictments in Penalty Phases: Comprehensive Analysis of State v. Fassero

Date: Jul 1, 2008
Double Jeopardy and Admissibility of Prior Indictments in Penalty Phases: Comprehensive Analysis of State of Missouri v. Brian B. Fassero Introduction The case of State of Missouri v. Brian B....
Clarifying Juror Qualification Standards: Insights from Linda Joy v. Morrison and Buckner

Clarifying Juror Qualification Standards: Insights from Linda Joy v. Morrison and Buckner

Date: Jun 11, 2008
Clarifying Juror Qualification Standards: Insights from Linda Joy v. Morrison and Buckner Introduction In the landmark case of Linda Joy, Individually and as Personal Representative of the Estate of...
Establishment of 'Contributing Factor' Standard for MHRA Claims in Daugherty v. City of Maryland Heights

Establishment of 'Contributing Factor' Standard for MHRA Claims in Daugherty v. City of Maryland Heights

Date: Sep 26, 2007
Establishment of 'Contributing Factor' Standard for MHRA Claims in Daugherty v. City of Maryland Heights Introduction The case of Douglas L. Daugherty v. The City of Maryland Heights, adjudicated by...
Proper Inclusion of All Tenants by the Entirety in Deeds of Trust: Missouri Supreme Court Sets Firm Precedent

Proper Inclusion of All Tenants by the Entirety in Deeds of Trust: Missouri Supreme Court Sets Firm Precedent

Date: Jun 27, 2007
Proper Inclusion of All Tenants by the Entirety in Deeds of Trust: Missouri Supreme Court Sets Firm Precedent Introduction The case of Mary Ethridge v. TierOne Bank (226 S.W.3d 127) adjudicated by...
Clarifying Insurance Coverage for Intentional Acts: Insights from Holly Todd v. Missouri United School Insurance Council

Clarifying Insurance Coverage for Intentional Acts: Insights from Holly Todd v. Missouri United School Insurance Council

Date: May 30, 2007
Clarifying Insurance Coverage for Intentional Acts: Insights from Holly Todd v. Missouri United School Insurance Council Introduction In the landmark case Holly Todd and Kodey Todd v. Missouri United...
Establishing Private Right of Action under the MPA for Real Estate Fraud: Hess v. Chase Manhattan Bank

Establishing Private Right of Action under the MPA for Real Estate Fraud: Hess v. Chase Manhattan Bank

Date: May 2, 2007
Establishing Private Right of Action under the MPA for Real Estate Fraud: Hess v. Chase Manhattan Bank Introduction The case of Dennis E. Hess, Appellant-Respondent, v. Chase Manhattan Bank, USA,...
Affirmation of Punitive Damages and Individual Employer Liability under the Missouri Human Rights Act

Affirmation of Punitive Damages and Individual Employer Liability under the Missouri Human Rights Act

Date: Feb 28, 2007
Affirmation of Punitive Damages and Individual Employer Liability under the Missouri Human Rights Act Introduction In the case of James W. Brady v. The Curators of the University of Missouri, the...
Prosecutorial Conduct and Judicial Integrity: The Missouri v. Banks Decision

Prosecutorial Conduct and Judicial Integrity: The Missouri v. Banks Decision

Date: Feb 28, 2007
Prosecutorial Conduct and Judicial Integrity: The Missouri v. Banks Decision Introduction In State of Missouri v. Jeremy L. Banks, 215 S.W.3d 118 (Mo. 2007), the Supreme Court of Missouri addressed...
Ambiguity in Underinsured Motorist Coverage Resolved in Favor of Insured in Seeck v. Geico

Ambiguity in Underinsured Motorist Coverage Resolved in Favor of Insured in Seeck v. Geico

Date: Jan 31, 2007
Ambiguity in Underinsured Motorist Coverage Resolved in Favor of Insured in Seeck v. Geico Introduction The case of Tamara Seeck v. Geico General Insurance Co., decided by the Supreme Court of...
STATE v. KEMP: Upholding Excited Utterance Exception and Confrontation Clause Compliance Post-Crawford and Davis

STATE v. KEMP: Upholding Excited Utterance Exception and Confrontation Clause Compliance Post-Crawford and Davis

Date: Jan 31, 2007
STATE v. KEMP: Upholding Excited Utterance Exception and Confrontation Clause Compliance Post-Crawford and Davis Introduction In STATE of Missouri v. Lamont C. Kemp, the Supreme Court of Missouri...
State v. Sund: Landmark Missouri Ruling on Unlawful Detention and Suppression of Evidence

State v. Sund: Landmark Missouri Ruling on Unlawful Detention and Suppression of Evidence

Date: Jan 10, 2007
State v. Sund: Landmark Missouri Ruling on Unlawful Detention and Suppression of Evidence Introduction State of Missouri v. Kerstin Sund, 215 S.W.3d 719 (Supreme Court of Missouri, 2007), is a...
Affirmation of Death Sentence in STATE of Missouri v. Johnny A. JOHNSON Establishes Rigorous Standards for Capital Punishment

Affirmation of Death Sentence in STATE of Missouri v. Johnny A. JOHNSON Establishes Rigorous Standards for Capital Punishment

Date: Dec 20, 2006
Affirmation of Death Sentence in STATE of Missouri v. Johnny A. JOHNSON Establishes Rigorous Standards for Capital Punishment Introduction STATE of Missouri v. Johnny A. JOHNSON, 207 S.W.3d 24 (Mo....
Supreme Court of Missouri Affirms Effective Waiver of Jury Trial Through Recorded Agreement in State v. Scott D. Baxter

Supreme Court of Missouri Affirms Effective Waiver of Jury Trial Through Recorded Agreement in State v. Scott D. Baxter

Date: Nov 8, 2006
Supreme Court of Missouri Affirms Effective Waiver of Jury Trial Through Recorded Agreement in State v. Scott D. Baxter Introduction State of Missouri v. Scott D. Baxter, 204 S.W.3d 650 (Mo. 2006),...
Enforceability of Non-Compete Agreements in Non-Profit Healthcare: Analysis of Healthcare Services of the Ozarks, Inc. v. Copeland and Helms

Enforceability of Non-Compete Agreements in Non-Profit Healthcare: Analysis of Healthcare Services of the Ozarks, Inc. v. Copeland and Helms

Date: Sep 13, 2006
Enforceability of Non-Compete Agreements in Non-Profit Healthcare: Analysis of Healthcare Services of the Ozarks, Inc. v. Copeland and Helms Introduction In the landmark case Healthcare Services of...
Capable of Ascertainment in Statute of Limitations: Powel v. Chaminade College Preparatory

Capable of Ascertainment in Statute of Limitations: Powel v. Chaminade College Preparatory

Date: Aug 23, 2006
Capable of Ascertainment in Statute of Limitations: Powel v. Chaminade College Preparatory, Inc. Introduction The case of Michael Powel v. Chaminade College Preparatory, Inc. involves complex issues...
Missouri Supreme Court Sets Precedent on Defense Counsel's Duty to Challenge Juror Predispositions in Death Penalty Cases

Missouri Supreme Court Sets Precedent on Defense Counsel's Duty to Challenge Juror Predispositions in Death Penalty Cases

Date: Aug 9, 2006
Missouri Supreme Court Sets Precedent on Defense Counsel's Duty to Challenge Juror Predispositions in Death Penalty Cases Introduction The case of Terrance Anderson v. State of Missouri, decided by...
Missouri Supreme Court Clarifies Arbitration Clause Enforceability for Third-Party Entities in MLM Business Structures

Missouri Supreme Court Clarifies Arbitration Clause Enforceability for Third-Party Entities in MLM Business Structures

Date: Jul 1, 2006
Missouri Supreme Court Clarifies Arbitration Clause Enforceability for Third-Party Entities in MLM Business Structures Introduction In the landmark case of Nitro Distributing, Inc., et al. v. Jimmy...
Missouri Supreme Court Limits Megan’s Law to Post-1995 Convictions

Missouri Supreme Court Limits Megan’s Law to Post-1995 Convictions

Date: Jul 1, 2006
Missouri Supreme Court Limits Megan’s Law to Post-1995 Convictions Introduction In the landmark case of Jane DOE I, et al. v. Thomas PHILLIPS, et al. (194 S.W.3d 833; Supreme Court of Missouri, June...
Enforceability of Arbitration Clauses in Adhesion Contracts: Insights from STATE ex rel. Gayle VINCENT v. Honorable Nancy SCHNEIDER

Enforceability of Arbitration Clauses in Adhesion Contracts: Insights from STATE ex rel. Gayle VINCENT v. Honorable Nancy SCHNEIDER

Date: Jul 1, 2006
Enforceability of Arbitration Clauses in Adhesion Contracts: Insights from STATE ex rel. Gayle VINCENT v. Honorable Nancy SCHNEIDER Introduction The case of STATE ex rel. Gayle VINCENT v. Honorable...
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