Missouri Case Commentaries

Moody v. Dynamic Fitness Management, LTD.: Missouri Reaffirms Strict Preservation—JNOV Required After Directed Verdict; Trial Objection Required for Spoliation/Evidentiary Claims

Date: Mar 19, 2025

Moody v. Dynamic Fitness Management, LTD.: Missouri Reaffirms Strict Preservation—JNOV Required After Directed Verdict; Trial Objection Required for Spoliation/Evidentiary Claims 1. Introduction In...

Recreational Use Act Immunity Cannot Be Circumvented by Respondeat Superior; Landowner’s Employees Share the Same Freedom From Liability for Land Conditions

Date: Mar 19, 2025

Recreational Use Act Immunity Cannot Be Circumvented by Respondeat Superior; Landowner’s Employees Share the Same Freedom From Liability for Land Conditions Introduction In State ex rel. Department...

Missouri Recreational Use Act Immunity Cannot Be Circumvented by Respondeat Superior; Landowner’s Employees Share the Same Premises-Condition Immunity

Date: Mar 19, 2025

Missouri Recreational Use Act Immunity Cannot Be Circumvented by Respondeat Superior; Landowner’s Employees Share the Same Premises-Condition Immunity Case: State ex rel. State of Missouri Department...

Preservation as a Gatekeeper: Directed-Verdict Claims Require JNOV, and Spoliation Complaints Require a Contemporaneous Trial Objection

Date: Mar 19, 2025

Preservation as a Gatekeeper: Directed-Verdict Claims Require JNOV, and Spoliation Complaints Require a Contemporaneous Trial Objection Case: Melissa Moody v. Dynamic Fitness Management, LTD. Court:...

Intentional False Settlement Representations Trigger ABA Standard 6.11 (Baseline Disbarment) and Limit Mitigation in Missouri Attorney Discipline

Date: Mar 5, 2025

Intentional False Settlement Representations Trigger ABA Standard 6.11 (Baseline Disbarment) and Limit Mitigation in Missouri Attorney Discipline I. Introduction In re: Paul Eric Petruska, Respondent...

Delegation Clauses Require Arbitrators to Decide Validity and Scope Challenges Unless the Delegation Itself Is Specifically Attacked

Date: Mar 5, 2025

Delegation Clauses Require Arbitrators to Decide Validity and Scope Challenges Unless the Delegation Itself Is Specifically Attacked Case: Karlin vs. UATP Springfield, LLC Court: Supreme Court of...

D.J. v. First Student, Inc.: Criminal Passing of a Stopped School Bus as a Superseding Cause Defeating Proximate Cause

Date: Mar 1, 2025

Criminal Passing of a Stopped School Bus as a Superseding Cause Defeating Proximate Cause (Missouri) 1. Introduction D.J. v. First Student, Inc. (Supreme Court of Missouri, Feb. 28, 2025) arises from...

Ensuring Timely Preservation of Evidence and Proper Trial Record: Insights from Schultz v. Great Plains Trucking

Date: Feb 12, 2025

Ensuring Timely Preservation of Evidence and Proper Trial Record: Insights from Schultz v. Great Plains Trucking Introduction The case of Carrie S. Schultz and Robert C. Schultz, Sr., Surviving...

As-Applied Fourth Amendment Challenges to Lifetime GPS Monitoring Require Particularized Evidence of Unreasonableness

Date: Feb 12, 2025

As-Applied Fourth Amendment Challenges to Lifetime GPS Monitoring Require Particularized Evidence of Unreasonableness Introduction In F.S. v. Missouri Department of Corrections, Division of Probation...

Pretrial Motions in Limine and Pre-Voir Dire Records Do Not Preserve Excluded-Evidence Error Without a Trial Offer of Proof

Date: Feb 12, 2025

Pretrial Motions in Limine and Pre-Voir Dire Records Do Not Preserve Excluded-Evidence Error Without a Trial Offer of Proof Introduction Schultz vs. Great Plains Trucking, Inc. (Supreme Court of...

Lifetime GPS Monitoring and the As‐Applied Challenge Standard in Sex Offender Supervision

Date: Feb 12, 2025

Lifetime GPS Monitoring and the As‐Applied Challenge Standard in Sex Offender Supervision Introduction In the case of F.S., Appellant, v. Missouri Department of Corrections, Division of Probation and...

Supreme Court of Missouri Sets Precedent on Satisfaction of Settlements with Open Claims - Hudson v. Joplin Regional Stockyards

Date: Dec 27, 2024

Supreme Court of Missouri Sets Precedent on Satisfaction of Settlements with Open Claims - Hudson v. Joplin Regional Stockyards, Inc. Introduction In the landmark case of Joe David Hudson v. Joplin...

Safeco's Right to Intervene under Rule 52.12(a)(2) in Wrongful Death Actions

Date: Dec 26, 2024

Safeco's Right to Intervene under Rule 52.12(a)(2) in Wrongful Death Actions Introduction The McCrackin v. Mullen and Safeco Insurance Company of America case, adjudicated by the Supreme Court of...

Mandatory Preliminary Orders in Mandamus Proceedings Reinforced: Vernell Beach v. Missouri

Date: Dec 26, 2024

Mandatory Preliminary Orders in Mandamus Proceedings Reinforced: Vernell Beach v. Missouri Introduction The case of Vernell Beach, by and through his natural mother and legal guardian, Yolanda...

Indefinite Suspension of Attorney Todd N. Agron for Ethical Violations and Deceptive Conduct

Date: Dec 12, 2024

Indefinite Suspension of Attorney Todd N. Agron for Ethical Violations and Deceptive Conduct Introduction The legal community was recently shaken by a significant disciplinary action taken against...

Supreme Court of Missouri Establishes Clear Standards for Developer Rights Transfer and Enforceability of Subdivision Restrictions

Date: Dec 12, 2024

Supreme Court of Missouri Establishes Clear Standards for Developer Rights Transfer and Enforceability of Subdivision Restrictions Introduction The landmark case of MILLSTONE PROPERTY OWNERS...

Supreme Court of Missouri Broadens Interpretation of Contractual Obligations in Insurance Policies

Date: Nov 23, 2024

Supreme Court of Missouri Broadens Interpretation of Contractual Obligations in Insurance Policies Introduction In the landmark case of Yolanda Bell v. Shelter General Insurance Company, the Supreme...

Governor's Unfettered Clemency Power Confirmed in Parson v. Walker

Date: Jun 5, 2024

Governor's Unfettered Clemency Power Confirmed in State ex rel. Parson v. Walker Introduction The case of State of Missouri ex rel. Governor Michael L. Parson, Relator, v. The Honorable S. Cotton...

Establishing the Boundaries of Official Immunity in Missouri

Date: Jun 5, 2024

Establishing the Boundaries of Official Immunity in Missouri Introduction The case of State ex rel. Michael J. Love et al. v. The Honorable Heather R. Cunningham (689 S.W.3d 489) adjudicated by the...

Supreme Court of Missouri Affirms Conviction in State v. Phillips: Key Rulings on Right-to-Counsel and Charging Document Amendments

Date: May 1, 2024

Supreme Court of Missouri Affirms Conviction in State of Missouri v. Lorandis M. Phillips: Key Rulings on Right-to-Counsel and Charging Document Amendments Introduction The case of State of Missouri...