Missouri Case Commentaries

Exclusive Jurisdiction of §407.817 in Challenging New Dealerships: Insights from Parktown Imports v. Audi of America

Date: Mar 18, 2009

Exclusive Jurisdiction of §407.817 in Challenging New Dealerships: Insights from Parktown Imports v. Audi of America Introduction The case of Parktown Imports, Inc. v. Audi of America, Inc.,...

Release of Bonds and Contractor Liability in Essex Contracting v. Jefferson County

Date: Feb 25, 2009

Release of Bonds and Contractor Liability in Essex Contracting, Inc. v. Jefferson County Introduction The case Essex Contracting, Inc., and Federal Insurance Company v. Jefferson County, Missouri, et...

Missouri Supreme Court Strengthens MHRA Protections on Hostile Work Environment and Retaliation

Date: Feb 25, 2009

Missouri Supreme Court Strengthens MHRA Protections on Hostile Work Environment and Retaliation Introduction In the landmark case of Cynthia Hill v. Ford Motor Company (277 S.W.3d 659), the Supreme...

Enhancing Protections for Post-Conviction Relief: Insights from Gary Roberts v. State of Missouri

Date: Feb 11, 2009

Enhancing Protections for Post-Conviction Relief: Insights from Gary Roberts v. State of Missouri Introduction Gary Roberts, the appellant, contested the denial of his Rule 24.035 motion for...

Supreme Court of Missouri Abolishes 'Jurisdictional Competence' as a Distinct Jurisdictional Category

Date: Jan 28, 2009

Supreme Court of Missouri Abolishes 'Jurisdictional Competence' as a Distinct Jurisdictional Category Introduction The case of J.C.W. and T.D.W., Minors, by their next friend, Kelly K. Webb,...

Missouri Supreme Court Reinforces Standards for DNA Evidence in First-Degree Murder Convictions

Date: Dec 17, 2008

Missouri Supreme Court Reinforces Standards for DNA Evidence in First-Degree Murder Convictions Introduction In the landmark case State of Missouri v. Samuel A. Freeman (269 S.W.3d 422), the Missouri...

Enforceability of One-Sided Arbitration Agreements in At-Will Employment Relationships: Mary Kay Morrow v. Hallmark Cards, Inc.

Date: Nov 7, 2008

Enforceability of One-Sided Arbitration Agreements in At-Will Employment Relationships: Mary Kay Morrow v. Hallmark Cards, Inc. 1. Introduction The case of Mary Kay Morrow v. Hallmark Cards, Inc....

Affirmation of Ineffective Assistance Standards in Post-Conviction Relief: Richard Strong v. State of Missouri

Date: Oct 1, 2008

Affirmation of Ineffective Assistance Standards in Post-Conviction Relief: Richard Strong v. State of Missouri Introduction Richard Strong, convicted of two counts of first-degree murder and...

Missouri Supreme Court Clarifies Sovereign and Official Immunity in Police Conduct Cases

Date: Oct 1, 2008

Missouri Supreme Court Clarifies Sovereign and Official Immunity in Police Conduct Cases Introduction In Debra SOUTHERS, et al., Appellants, v. CITY OF FARMINGTON, Missouri, et al., Respondents. (263...

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

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

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

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

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

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

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

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

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

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

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...