| Missouri Jury Verdicts, Settlements and Court Decisions |
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Elbert A. Walton, Jr. v. City of Berkeley, Mo
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The defendant, the City of Berkeley, appeals the judgment of the Circuit Court of Saint Louis County entered in favor of the plaintiff, Elbert Walton, Jr., in the total amount of $349,726.82. The judgment awards Walton $156,049.82 in back pay and expense reimbursements, reinstatement to his former position as city attorney for the City of Berkeley from September 1998 to May 1999, and pre-judgment ... More... $0 (07-13-2008 - MO)
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Parktown Imports, Inc. v. Audi of America, Inc.
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In March 2007, Appellant Parktown Imports, Inc. (Parktown) filed an application for review before the Administrative Hearing Commission (AHC) contesting the actions of the Respondent, Audi of America, Inc. (Audi), in establishing a new motor vehicle dealership or "sales point" within ten miles of Parktown's retail facility. The application alleged that in its dealings with Parktown, which led to t... More... $0 (07-13-2008 - MO)
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Shelter Mutual Insurance Company, Respondent v. Dustin Sage, et al., Defendants, Everett and Mary Carter, Appellants.
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The facts are not in dispute. On May 4, 2004, Everett Carter was seriously injured when his vehicle was struck head-on by a truck driven by Dustin Sage. Dustin was at fault. At the time of the accident, Dustin was involved in a family business raising cattle with his father, Harold Sage, and his brother, Travis Sage. Behind two separate trucks, they were hauling a cattle feeder and bulk feeder fro... More... $0 (07-13-2008 - MO)
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Andrew Meyers, Claimant/Respondent v. Wildcat Materials, Inc., Employer/Appellant and Zurich American Insurance Co., Insurer/Appellant.
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The facts found by the Administrative Law Judge ("ALJ") and incorporated by the Commission in its award are unchallenged and undisputed. Claimant went to work for Employer in April 2001. His job duties included loading, delivering, and unloading sheet rock and other building materials. It was labor-intensive work, which frequently involved lifting loads of one hundred pounds or more with a helper ... More... $0 (07-13-2008 - MO)
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Clayton Poehl v. Countrywide Home Loans
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In these consolidated appeals, arising under the Fair Credit Reporting Act
(FCRA), 15 U.S.C. § 1681 et. seq., Clayton R. Poehl and Diane C. Ludditt-Poehl
appeal from adverse judgments on the pleadings granted by two district court judges
in favor of Countrywide Home Loans, Inc.1 and Capital One Auto Finance, Inc.2
Appellants Poehl and Ludditt-Poehl claim that their credit reports were a... More... $0 (06-20-2008 - MO)
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Linda Joy, Individually and as Personal Representative of the Estate of Wesley Leon Joy v. Stephen K. Morrison, M.D., and John Wordy Buckner III, M.D.
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Linda Joy appeals the trial court's judgment entered in favor of Drs. Stephen K. Morrison and John Wordy Buckner III following a jury trial on Joy's medical malpractice claim.(FN2) Joy contends the trial court should have excused a potential juror, Clarence Shirkey, for cause. The trial court did not abuse its discretion in failing to do so. The judgment is affirmed.
Joy's argument
Joy... More... $0 (06-19-2008 - MO)
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Debra Southers, et al. v. City of Farmington, Missouri
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Plaintiffs appeal after judgment was entered against them on their claims for their decedents' wrongful deaths and survivors' personal injuries resulting from a traffic collision with a speeding police vehicle.(FN1) Defendants in this case are the City of Farmington and three of its police officers.(FN2) This Court has jurisdiction pursuant to Missouri Constitution article V, section 10, as the ca... More... $0 (06-19-2008 - MO)
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State ex rel. A. Carlton Young, and Arline E. Young v. The Honorable Gael D. Wood
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Relators seek a writ of mandamus ordering dismissal of a wrongful death claim brought by the decedents of a man killed while hunting on Relators' property. Because Relators are entitled to immunity under Missouri's Recreational Use Act ("RUA"),(FN1) the alternative writ of mandamus is made peremptory.
II. Facts
Relators, the Youngs, gave permission to James Shaw and John Hartnagel to e... More... $0 (06-19-2008 - MO)
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Peggy Green, et al. v. Fred Weber, Inc.
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Fred Weber, Inc. ("Weber") owns and operates a quarry in O'Fallon where blasting is among the operations. Peggy Green and other named plaintiffs reside near Weber's quarry. They filed a petition alleging that the manner in which Weber conducts blasting operations is unreasonable and constitutes a private nuisance. They have sued on behalf of themselves and a proposed "class of persons, with [sic]... More... $0 (06-19-2008 - MO)
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EEOC v. Allstate Insurance Company
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This age discrimination case is before us on a proper interlocutory appeal from
the district court's1 order granting partial summary judgment in favor of Appellee, the
Equal Employment Opportunity Commission ("EEOC"). The EEOC alleges that a
rehire policy implemented by Appellant, Allstate Insurance Company ("Allstate"), had
a disparate-impact on Allstate's employee-agents in violation of the ... More... $0 (06-10-2008 - MO)
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Mary Ann Arnold v. Bank of America
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This case is one of the "at least five class actions in various jurisdictions
seeking redress for the same alleged injuries" as claimed by the plaintiffs in Siepel v.
Bank of America, N.A., Nos. 07-1899/07-1906, 2008 U.S. App. LEXIS 10667, at *6
(8th Cir. May 19, 2008). Finding the case "nearly identical" to Siepel, which it had
earlier dismissed, the district court1 dismissed all of the Appel... More... $0 (06-18-2008 - MO)
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EEOC v. Allstate Insurance Company
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This age discrimination case is before us on a proper interlocutory appeal from
the district courts1 order granting partial summary judgment in favor of Appellee, the
Equal Employment Opportunity Commission (EEOC). The EEOC alleges that a
rehire policy implemented by Appellant, Allstate Insurance Company (Allstate), had
a disparate-impact on Allstates employee-agents in violation of the Age
D... More... $0 (06-13-2008 - MO)
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Stephanie Reynolds, et al. v. City of Valley Park, et al.
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The City of Valley Park (hereinafter, "the City") appeals from the trial court's judgment granting judgment on the pleadings in favor of Stephanie Reynolds, Florence Streeter, Jacqueline Gray, and the Metropolitan Equal Housing Opportunity Council, Inc. (hereinafter and collectively, "Plaintiffs") and declaring two of the City's ordinances void. Plaintiffs cross-appeal from the trial court's judgm... More... $0 (06-09-2008 - MO)
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NLRB v. Bolivar-Tees
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The National Labor Relations Board ("Board") held that Bolivar-Tees, Inc.
("Bolivar") committed unfair labor practices in violation of the National Labor
Relations Act ("NLRA") and ordered the corporation to provide backpay to five
former employees. However, when the United States Court of Appeals for the District
of Columbia Circuit enforced the order, Bolivar was dissolved and had disposed o... More... $0 (06-09-2008 - MO)
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Craig Outdoor v. Wally Kelly
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Craig Outdoor Advertising, Inc., Midwest Outdoor Media, LLC, Patriot
Outdoor, LLC (collectively "Plaintiffs"), and Curtis Massood, the former owner of a
small billboard company, filed this lawsuit in which they alleged that Viacom Outdoor
("Viacom"), and Viacom executives Wally Kelly and Harold Gustin (collectively
"individual Defendants")1 perpetrated a scheme by which Viacom and its employee... More... $0 (06-09-2008 - MO)
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George Siepel v. Bank of America
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Several beneficiaries of trust accounts maintained by Bank of America, N.A.,
filed a class action complaint against the Bank, its holding corporation, and affiliated
investment companies. In addition to alleging claims under federal securities laws,
the Plaintiffs alleged state-law claims that the Defendants were unjustly enriched and
breached fiduciary duties they owed to the beneficiaries. O... More... $0 (05-19-2008 - MO)
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St. Paul Fire and Marine v. Building Construction
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Appellant, a general contractor, sought coverage under two insurance policies
for expenses associated with the repair and reconstruction of a subcontractor's
installation of underground concrete structures at a military base in Fort Riley,
Kansas. Appellee-insurers brought the present declaratory judgment action to
determine whether they owed coverage. The district court1 applied Missouri law,... More... $0 (05-23-2008 - MO)
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Louise Jones, et al. v. Ryan Van Deusen, et al.
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Louise Jones and Fred Jones sued Kansas City Police Officers Cory Le Moine and Ryan Van Deusen on civil rights and negligence theories claiming that the police officers used excessive force during their effort to arrest Mrs. Jones in 2004. Mrs. Jones, age 70, suffered a knee injury and Mr. Jones suffered less serious injuries at the hands of the officers.
Defendants denied wrongdoing.... More... $345000 (05-10-2008 - MO)
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UnknownState ex rel. City of Blue Springs, Missouri v. The Honorable W. Stephen Nixon
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Relator City of Blue Springs ("City") seeks a writ of prohibition requiring Respondent, the Honorable W. Stephen Nixon, to grant its motion for summary judgment on claims brought against the City by Blue Springs residents Shawn and Jennifer Stevens. The Stevenses allege that the City is liable to them under a theory of inverse condemnation because the City approved the plat of the development in w... More... $0 (04-29-2008 - MO)
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Charles Williams v. City of Carl Junction
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Charles E. Williams appeals a District Court judgment awarding attorney fees
under 42 U.S.C. § 1988(b) to the City of Carl Junction, Missouri, (the "City") and to
the City's Mayor, Administrator, and Police Chief (collectively, "defendants"). The
District Court awarded over $157,000 in fees after this Court affirmed the entry of
summary judgment for defendants in Williams's 42 U.S.C. § 1983 su... More... $0 (05-08-2008 - MO)
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Jose Garcia-Aguillon v. Michael B. Mukasey
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Jose Domingo Garcia-Aguillon, a citizen and native of Mexico, seeks review
of an order of the Board of Immigration Appeals (BIA) that summarily affirmed and
adopted the decision of an immigration judge (IJ) denying Garcia-Aguillon's request
for voluntary departure and ordering his removal to Mexico. We dismiss the petition
for review for lack of jurisdiction.
I.
Garcia-Aguillon... More... $0 (05-08-2008 - MO)
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Charles E. Williams v. City of Carl Junction, Missouri, et al.
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Charles E. Williams appeals a District Court judgment awarding attorney fees
under 42 U.S.C. § 1988(b) to the City of Carl Junction, Missouri, (the "City") and to
the City's Mayor, Administrator, and Police Chief (collectively, "defendants"). The
District Court awarded over $157,000 in fees after this Court affirmed the entry of
summary judgment for defendants in Williams's 42 U.S.C. § 1983 su... More... $0 (05-05-2008 - MO)
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Carl Keen v. Tommy Campbell and Becky Campbell
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Carl Keen ("Appellant") appeals the trial court's judgment which granted his "Petition for Partition of Land," but which ordered the real estate at issue be sold at public sale as opposed to partitioned in kind as he requested.
Viewing the evidence in the light most favorable to the trial court's judgment, Thomas v. Lloyd, 17 S.W.3d 177, 182 (Mo.App. 2000), the record reveals that on January 22, ... More... $0 (04-21-2008 - MO)
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Mark Goodwin v. Carroll County, et al.
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Carroll County is a third class, nonchartered county and is governed by a county commission. Mr. Goodwin became the prosecuting attorney for Carroll County in 2005. His salary was $38,700.00, and his predecessor's salary was $46,368.09. The predecessor was serving a four-year term, which started on January 1, 2003, and was scheduled to end on December 31, 2006. The predecessor had served two prior... More... $0 (04-22-2008 - MO)
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Travis Green and Darby Green v. Jerry Study
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Jerry Study (defendant) attempts to appeal a circuit court ruling in an action brought by Travis Green and Darby Green (plaintiffs). Plaintiffs sought to replevy 16 head of cattle alleged to have been detained by defendant after the cattle entered upon defendant's property. This court lacks jurisdiction to take action other than to dismiss the appeal for the reason that the trial court did not ent... More... $0 (04-24-2008 - MO)
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Larua L. Roberson v. Linda D. Coker Weston
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Linda Coker Weston appeals a jury verdict awarding Laura Roberson $185,000 in damages for injuries sustained in an automobile accident. Weston's appeal raises three points: (1) the trial court erred in permitting Roberson's trial counsel to ask the venire panel if anyone had an interest in or worked for Allstate Insurance Company, sometimes referred to as the "insurance question"; (2) the trial co... More... $185000 (04-29-2008 - MO)
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Troy Harris v. Jon E. Smith
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Troy and Libby Harris (the Harrises) appeal from a summary judgment granted in favor of Jon and Teresa Smith (the Smiths), Dennis Thompson (Thompson), and HJC Enterprises, L.C., d/b/a Murney Associates Realtors (Murney). The Harrises' lawsuit alleged that they wanted to build a shop building on real estate they purchased from the Smiths and that all of the defendants had made misrepresentations co... More... $0 (04-29-2008 - MO)
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Donna Almond, d/b/a Rockwood Community Well, Respondent v. Steve V. Bell, Sr., et al.
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Appellants ("defendants")(FN1) owned a subdivision lot and were building a home on it. Alleging she was "lawfully possessed of an Easement" to operate a community water system on the same lot, respondent ("plaintiff") obtained an injunction in her favor. We cannot sustain the judgment as it is unsupported by substantial evidence. Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976); Harris v. Brown... More... $0 (04-29-2008 - MO)
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James Garrett, et al. v. George Albright, et al.
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Plaintiffs sued Pro Logistics, Inc. for the injuries and damages that they sustained as a result of a auto truck wreck accident on negligence, negligence per se under 49 CFR 391.11, negligent hiring and negligent entrustment theories. The scope of the claims made by the plaintiffs are not available.
The defenses asserted by defendants are not available.... More... $18000000 (04-26-2008 - MO)
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Linda Lyons v. John Potter
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Linda Lyons filed this action against the United States Postal Service (USPS)
ten months after the USPS rendered a final agency decision on Lyons's Equal
Employment Opportunity (EEO) complaint. We agree with the district court1 that
Lyons's action is untimely, and we therefore affirm.
I.
On January 30, 2004, the USPS notified Linda Lyons that it intended to
terminate her for failin... More... $0 (04-09-2008 - MO)
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William G. Carter v. Keith Schafer, et al.
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William G. Carter, Michael Goddard, Richard J. Giese, and James L. Ellis
(plaintiffs),1 civilly committed residents of the Missouri Sexual Offender Treatment
Center (MSOTC), appeal the district court's preservice dismissal of their 42 U.S.C.
§ 1983 action. They also seek leave to proceed in forma pauperis (IFP) on appeal.
We grant IFP status, affirm in part, and reverse in part.
We concl... More... $0 (04-17-2008 - MO)
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Joseph D. Amrine v. George R. Brooks, et al.
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After obtaining habeas relief from the Missouri Supreme Court, Joseph D.
Amrine brought this action under 42 U.S.C. § 1983 against prison investigator George
Brooks,2 deputy sheriff John Hemeyer, prosecutor Thomas J. Brown, III, and
prosecution investigator Richard Lee for their roles in the investigation which led to
his conviction for murder and sentence to death. The district court3 denied ... More... $0 (04-09-2008 - MO)
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Melissa Howard v. City of Kansas City
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Melissa Howard sued the city of Kansas City on a racial discrimination theory claiming that the City failed to appoint her to a municipal court judgeship because she is white. ... More... $2100000 (04-05-2008 - MO)
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Cynthia Carpenter, et al., Respondents v. Countrywide Home Loans, Inc., Appellant.
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Countrywide Home Loans, a mortgage company, prepares legal documents to complete mortgage loan transactions and charges its customers a document preparation fee for this service. Because of this activity, Countrywide was a named defendant in a class action lawsuit against several mortgage lending institutions alleging that these companies were practicing law business without a license. The lawsuit... More... $0 (03-18-2008 - MO)
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Acclaim Systems, Inc. v. Conrad A. Lohutko
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Conrad Lohutko appeals a foreign judgment that was registered in Missouri on March 19, 2007, by the St. Charles County circuit clerk. We dismiss for lack of jurisdiction.
I. BACKGROUND
Lohutko was employed by Acclaim Systems, Inc. ("Acclaim"), an Illinois corporation with its principal place of business in Pennsylvania, from January 2, 2005, until July 2005. Acclaim instituted the pres... More... $0 (03-18-2008 - MO)
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John R. Dobson v. Mortgage Electronic Registration Systems, Inc.
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Defendant, First National Bank of Arizona (FNBA), appeals from the amended judgment of the trial court denying FNBA's motion to set aside a November 6, 2006 default judgment and awarding plaintiffs, John and Samatherith T. Dobson, damages in the amount of $600,000 in their wrongful foreclosure suit against FNBA. FNBA challenges the denial of its motion to set aside the default judgment. We reverse... More... $0 (03-18-2008 - MO)
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Olsen & Talpers, P.C. v. David L. Murphy
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Olsen & Talpers, P.C., a Kansas City law firm, filed a petition on account against David Murphy to collect amounts owed for legal services. After a bench trial, the circuit court entered judgment in favor of Murphy and against Olsen & Talpers finding the appropriate statute of limitations barred any recovery. Olsen & Talpers appeals claiming: (1) the statute was tolled by payments made by Murphy, ... More... $0 (03-18-2008 - MO)
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David Duvall, Respondent v. James Ray Maxey, Appellant.
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This is an appeal of a denial of a motion to set aside judgments entered in favor of David Duvall and against James Maxey in two cases. Because we find error in one of the cases in the trial court's failure to base its award of actual and punitive damages on the evidence, we vacate the judgments and remand for a hearing on the actual and punitive damages in that case. In all other respects, the ju... More... $0 (03-18-2008 - MO)
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Weldon Wilhoit v. William Camm Seay
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Sean Wood sued individually Weldon Wilhoit, Bradley Jones, and Ronald Walker (collectively, "Relators"), under 42 U.S.C. section 1983, for civil rights violations that allegedly arose during a disciplinary action against him by the Missouri State Highway Patrol. In response to Wood's allegations, Relators filed a motion for summary judgment with the circuit court, contending that they were immune ... More... $0 (03-24-2008 - MO)
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Gina Fiordelisi v. Mt. Pleasant, LLC and Bart Perry
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The plaintiff homeowner, Gina Fiordelisi, appeals the judgment of the Circuit Court of St. Louis County confirming the arbitration award entered on her claims against the defendant contractor, Mt. Pleasant, LLC. The homeowner sued the contractor for breach of contract, negligence, intentional misrepresentation, and establishment of a constructive trust in connection with the parties' contract for ... More... $0 (03-25-2008 - MO)
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