Missouri Case Commentaries

Affirmation of Retaliation Claim and Punitive Damages in McCrainey v. Kansas City Missouri School District

Date: Mar 30, 2011

Affirmation of Retaliation Claim and Punitive Damages in McCrainey v. Kansas City Missouri School District Introduction In Emmanuel McCrainey v. Kansas City Missouri School District, et al., the...

Municipalities Recognized as Employers under the Missouri Human Rights Act: Implications for Discrimination Claims and Punitive Damages

Date: Mar 2, 2011

Municipalities Recognized as Employers under the Missouri Human Rights Act: Implications for Discrimination Claims and Punitive Damages Introduction In the landmark case of Melissa Howard v. City of...

Missouri Supreme Court Establishes Comparative Fault in Professional Negligence Cases Involving Economic Loss

Date: Feb 9, 2011

Missouri Supreme Court Establishes Comparative Fault in Professional Negligence Cases Involving Economic Loss Introduction In the landmark case of Children's Wish Foundation International, Inc. v....

Establishing Standards for Causation and Expert Testimony in Suicide-Related Wrongful Death Claims: Kivland v. Columbia Orthopaedic Group

Date: Jan 26, 2011

Establishing Standards for Causation and Expert Testimony in Suicide-Related Wrongful Death Claims: Kivland v. Columbia Orthopaedic Group Introduction The case of Jana Kivland and Kristin K. Bold v....

Procedural Safeguards in Termination of Parental Rights: Insights from In re the Adoption of C.M.B.R.

Date: Jan 26, 2011

Procedural Safeguards in Termination of Parental Rights: Insights from In re the Adoption of C.M.B.R. Introduction The landmark case of In re the Adoption of C.M.B.R., adjudicated by the Supreme...

Immunity of Firearm Ranges from Nuisance and Trespass Claims: Analysis of Goerlitz v. City of Maryville

Date: Jan 12, 2011

Immunity of Firearm Ranges from Nuisance and Trespass Claims: Analysis of Goerlitz v. City of Maryville Introduction Kate Goerlitz, the appellant, filed a lawsuit against the City of Maryville,...

No Duty of Appellate Counsel to Notify Mandate Issuance: Moore v. State of Missouri

Date: Dec 8, 2010

No Duty of Appellate Counsel to Notify Mandate Issuance: Moore v. State of Missouri Introduction Anthony C. Moore v. State of Missouri is a landmark case adjudicated by the Supreme Court of Missouri...

Reassignment of Warranty Claims: Missouri Supreme Court Sets New Precedent in Vermeer Leasing Litigation

Date: Oct 27, 2010

Reassignment of Warranty Claims: Missouri Supreme Court Sets New Precedent in Vermeer Leasing Litigation Introduction The case of Renaissance Leasing LLC, et al., Appellants, v. Vermeer Manufacturing...

Clarification of Burden of Proof and Credibility in Missouri DWI License Cases: White v. Director of Revenue

Date: Sep 22, 2010

Clarification of Burden of Proof and Credibility in Missouri DWI License Cases: White v. Director of Revenue Introduction White v. Director of Revenue, 321 S.W.3d 298 (Supreme Court of Missouri,...

Missouri Supreme Court Affirms Coverage for Progressive Damage under Occurrence-Based Insurance Policies

Date: Sep 1, 2010

Missouri Supreme Court Affirms Coverage for Progressive Damage Under Occurrence-Based Insurance Policies Introduction The case of D.R. Sherry Construction, Ltd. v. American Family Mutual Insurance...

Unjust Enrichment Limitations in LLC Structures: Analysis of Howard v. Turnbull

Date: Sep 1, 2010

Unjust Enrichment Limitations in LLC Structures: Analysis of Howard v. Turnbull Introduction The case of Richard Howard v. Turnbull et al., decided by the Missouri Court of Appeals for the Western...

Mandatory Tuition Obligations for Unaccredited School Districts Under §167.131: Turner v. School District of Clayton

Date: Aug 25, 2010

Mandatory Tuition Obligations for Unaccredited School Districts Under §167.131: Turner v. School District of Clayton Introduction In the landmark case of Jane Turner, et al. v. School District of...

Reaffirming the Standards for Batson Challenges: Insights from State v. Bateman

Date: Aug 4, 2010

Reaffirming the Standards for Batson Challenges: Insights from State v. Bateman Introduction In State of Missouri v. Tyrone C. Bateman, 318 S.W.3d 681 (Mo. 2010), the Supreme Court of Missouri...

Undue Influence in Deed Execution: Affirming the Presumption in a Confidential Relationship

Date: Jul 21, 2010

Undue Influence in Deed Execution: Affirming the Presumption in a Confidential Relationship Introduction The case of Betty Houston et al. v. Sherry L. Crider and John L. Crider ([317 S.W.3d 178](#)),...

Expanded Standards for Witness Impeachment: Missouri Supreme Court Sets New Precedent

Date: Jun 16, 2010

Expanded Standards for Witness Impeachment: Missouri Supreme Court Sets New Precedent Introduction In the landmark case of Elizabeth Mitchell, et al., Appellants, v. Milton Kardesch, M.D., the...

Ineffective Assistance of Counsel in Sentencing Phases: Analysis of Vaca v. State of Missouri

Date: Jun 16, 2010

Ineffective Assistance of Counsel in Sentencing Phases: Analysis of Vaca v. State of Missouri Introduction In the landmark case of Miguel Vaca v. State of Missouri, the Supreme Court of Missouri...

Constitutional Violation of Retrospective Damages Caps in Missouri Medical Malpractice Cases

Date: May 26, 2010

Constitutional Violation of Retrospective Damages Caps in Missouri Medical Malpractice Cases Introduction The case of James Klotz and Mary Klotz v. St. Anthony's Medical Center, Michael Shapiro,...

Enhancing Jury Instructions in Capital Sentencing: Insights from State of Missouri v. Terrance Anderson

Date: Apr 21, 2010

Enhancing Jury Instructions in Capital Sentencing: Insights from State of Missouri v. Terrance Anderson Introduction State of Missouri v. Terrance Anderson, 306 S.W.3d 529 (Missouri Supreme Court,...

Establishing Personal Jurisdiction Through Fraudulent Communications: Bryant v. Smith Interior Design Group

Date: Mar 10, 2010

Establishing Personal Jurisdiction Through Fraudulent Communications: Bryant v. Smith Interior Design Group Introduction In Donald L. Bryant, Jr., Appellant, v. Smith Interior Design Group, Inc., and...

STATE v. DECK: Affirming Missouri's Death Penalty Proportionality Review and Sentencing Standards

Date: Mar 3, 2010

STATE v. DECK: Affirming Missouri's Death Penalty Proportionality Review and Sentencing Standards Introduction In the landmark case of State of Missouri v. Carman L. Deck, the Supreme Court of...