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Missouri Due Process Law
 
Hallmark Cards v. Monitor Clipper Partners

Hallmark Cards, Inc. (Hallmark), hired Monitor Company Group, L.P.
(Monitor), to compile research on the greeting cards market. Monitor transmitted
confidential market research it had prepared for Hallmark to a private equity firm
called Monitor Clipper Partners, LLC (Clipper), the defendant in this litigation.
Clipper used this information to purchase and subsequently manage a com... More...
   $0 (07-15-2014 - MO)

City of Moline Acres v. Charles W. Brennan

This appeal involves a challenge to the validity of a traffic ordinance (“Ordinance”) that was enacted by the City of Moline Acres (“City”) “to encourage the reduction in the number of vehicles that are driven on the City’s roads and thoroughfares at dangerous rates of speed,” by installing what are commonly referred to as “speed cameras.” Charles Brennan received a ticket pursua... More...   $0 (01-28-2014 - MO)

KNT Management, LLC v. Kimberly Flenoid

The plaintiff landlord, KNT Management, L.L.C., appeals the judgment entered by the Circuit Court of the City of St. Louis, awarding the landlord possession of an apartment leased by the defendant tenant, Kimberly Flenoid, but denying the landlord rent due, costs, and attorney’s fees. Following a trial de novo requested by the tenant, the trial court declined to award the landlord rent due, atto... More...   $0 (01-28-2014 - MO)

Business Communications v. U.S. Dept. of Education

Business Communications, Inc. (“BCI”) was awarded contracts to install cable in the El Dorado and Beebe Arkansas school districts under the American Recovery and Reinvestment Act (“ARRA”), Pub. L. No. 111-5, 123 Stat. 115 (2009). Branden Mueller, who worked for BCI on both projects, filed a complaint with the Department of Education (“DOE”) alleging that BCI had terminated his employme... More...   $0 (12-02-2013 - MO)

Issiah Andra v. Left Gate Property Holdings, Inc.

Issiah Andra appeals the judgment of the trial court dismissing Andra’s claims against Left Gate Property Holding, Inc., d/b/a Texas Direct Auto (“Left Gate”) for lack of personal jurisdiction. We affirm.

I. BACKGROUND

In July 2011, Andra purchased a 2007 GMC Yukon XL Denali (“the vehicle”) which was offered for sale by Left Gate on the eBay website. Andra reviewed the info... More...
   $0 (11-26-2013 - MO)

Paul Damon v. City of Kansas City, Missouri

Paul Damon ("Damon") and Natalia Olinetchouk ("Olinetchouk"), on behalf of themselves and others similarly situated, appeal the trial court's dismissal of their class action petition for declaratory relief, injunctive relief, and damages against the City of Kansas City and American Traffic Solutions, Inc. We hold that the ordinance is invalid because it conflicts with state law. We further hold th... More...   $0 (11-26-2013 - MO)

J.B. v. Avilla R-XIII School District

J.B., by and through his parents, Kevin and Laurie Bailey, J.B.’s parents themselves, A.L.A., by and through his guardian, Laura Liberty, and Laura Liberty herself (collectively “Plaintiffs”) filed suit against the Avilla R-XIII School District (“District”), alleging violations of the Americans with Disabilities Act (ADA), Title 42 U.S.C. § 12131 et seq., and section 504 of the Rehabili... More...   $0 (07-24-2013 - MO)

Darren Berry v. Volkswager Group of America, Inc.

Volkswagen Group of America, Inc. (hereinafter, “Volkswagen”) seeks review of the trial court’s judgment awarding the attorneys in the underlying class action lawsuit attorneys’ fees. Volkswagen raises five points on appeal challenging the lodestar amount and the multiplier that the trial court applied.

This Court finds that the lodestar amount was within the trial court’s discret... More...
   $0 (04-09-2013 - MO)

United States of America v. James Tebeau

James Tebeau owns more than 300 acres of land in southern Missouri where he has held weekend music festivals at which drug use was widespread. After undercover officers investigated the festivals, Tebeau was charged with having maintained a property from 2004 to 2011 for the purpose of manufacturing, storing, and distributing controlled substances in violation of 21 U.S.C. § 856(a)(2). Tebeau mov... More...   $0 (04-30-2013 - MO)

Dittmer Properties v. FDIC

Dittmer Properties, L.P., Dittmer Holdings, L.L.C., Barkley Center Holdings, L.L.C., Bufurd Farrington, and UMB Bank, N.A. (collectively "Dittmer") appeal the district court's1 dismissal under Federal Rule of Civil Procedure 12(b) of their two lawsuits against a failed bank, the Federal Deposit Insurance Corporation (FDIC) as the bank's receiver, and Cathy Richards, successor personal representati... More...   $0 (02-28-2013 - MO)

Victor Santiago v. Daniel Blair

Captain Garry Branch, Lieutenant Daniel Blair, and Correctional Officers Timothy Williford, Andrew Fox, Shannon Clubbs, and David E. Parsons (collectively Correctional Officers) appeal the district court’s denial of their motion for summary judgment based upon qualified immunity. We affirm in part, reverse in part, and remand for further proceedings.

I. Background

The facts in this... More...
   $0 (02-28-2013 - MO)

Randy Nolan v. Cathy Snead

A personal representative of a decedent’s estate failed to provide actual notice of the probate proceeding to children whom the decedent was alleged to have sexually abused. Because of the failure to notify the children, their claims1 against the estate were filed beyond the statutory six-month requirement found in section 473.360.2 The children’s father, their sole custodian and guardian, fil... More...   $0 (01-29-2013 - MO)

Sneil, LLC v. Tybe Learning Center, Inc.

Sneil, LLC, sought to quiet title to 3645 Marietta Drive, Florissant, Missouri, and to eject Tybe Learning Center, Inc. and Regions Bank from that property. The circuit court found in favor of the Tybe and Regions. Sneil appealed. After opinion, the court of appeals transferred the case to this Court, which has jurisdiction. Mo. Const. art. V, sec. 10.1

FACTS

On August 28, 2006, Snei... More...
   $0 (07-03-2012 - MO)

Johnny Briscoe v. County of St. Louis, Missouri

Johnny Briscoe sued St. Louis County and three of its police officers – Lane Hollandsworth, Stephen Deen, Sr., and Jack Webb – under 42 U.S.C. § 1983, alleging they violated his constitutional rights by causing his wrongful conviction for rape and delaying his exoneration. After dismissing the County from the case, the district court1 granted summary judgment to the individual defendants, dis... More...   $0 (08-29-2012 - MO)

Carol Hutson v. Jude Walker

Carol (Lynn) and Jason Hutson brought this action against Jude Walker, Julie Baumgardner, and Sallie West, social service employees in Jackson County, Missouri, alleging they violated 42 U.S.C. § 1983 and state law by recommending that custody of their son A.H. be granted to his grandparents, Carolyn and Patrick Cattin. According to the Hutsons this recommendation resulted in the untimely death o... More...   $0 (08-21-2012 - MO)

Maizie Avichail v. St. John's Mercy Health System

Maizie Avichail brought a medical malpractice action as next friend of T.A., her minor daughter. There were three defendants: St. John’s Mercy Medical Center; Geraldine Jones, a nurse involved in T.A.’s care; and Fastaff, Inc., Jones’s employer.

A jury found for the defendants, and the district court1 denied Avichail’s motion for a new trial. Avichail appeals, arguing that the dis... More...
   $0 (07-25-2012 - MO)

B. Andersen v. HUD

The United States Department of Housing and Urban Development (HUD) debarred B. B. Andersen from obtaining federal government contracts in 1990 after he failed to make required payments to the agency. Twenty years after HUD had sent him notice of the debarment, Andersen brought this action seeking declaratory and injunctive relief against its enforcement. The district court1 dismissed the complain... More...   $0 (05-03-2012 - MO)

T.B. v. St. Joseph School District

T.B.'s parents, on behalf of their disabled child, appeal the district court's1 finding the St. Joseph School District did not violate the Individuals with Disabilities Education Act by failing to provide a free appropriate public education to T.B., making the parents ineligible for reimbursement for the costs of T.B.'s home-based program. We affirm.

I

T.B. is an autistic child. In 1... More...
   $0 (04-26-2012 - MO)

Dennis Strutton v. Linda Meade

Dennis W. Strutton filed a pro se 42 U.S.C. § 1983 action, alleging violations of his Fourteenth Amendment due process rights as a civilly-committed resident of the Missouri Sexual Offender Treatment Center (MSOTC).1 He now appeals the district court’s2 adverse judgment entered after a six-day bench trial. We affirm.

I.

In 1999, Missouri lawmakers passed the Missouri Sexually Viol... More...
   $0 (02-03-2012 - MO)

State ex rel. Robert McKeage v. The Honorable Michael J. Cordonnier

Robert and Janet McKeage (hereinafter, “Relators”) sued Bass Pro Outdoor World, LLC (hereinafter, “Bass Pro”) in a five-count petition for charging a document preparation fee for purchasing a boat. After the circuit court overruled Relators’ motion to certify a nationwide class, they sought relief by way of a writ of prohibition. This Court issued a preliminary writ, which is made perman... More...   $0 (01-17-2012 - MO)

P.L.S. v. Chris Koster

This case presents the issue of whether the holder of a judgment obtained against a school district's former bus driver is entitled to collect that judgment from the State Legal Expense Fund, established by section 105.711 RSMo.1

Factual Background

In the fall of 2006, Robert Griffith, a school bus driver for the Doniphan R-I School District, molested a four-year-old preschool girl (... More...
   $0 (12-13-2011 - MO)

Jennifer Johnson v. Joe Phillips

Joe Phillips, building commissioner and Auxiliary Reserve Police Officer for Velda City, Missouri, stopped Jennifer Johnson’s vehicle, arrested her, and searched her car. Johnson presented evidence that Phillips then directed her to follow him to an empty parking lot, and that he sexually assaulted her. Johnson sued Philips under 42 U.S.C. § 1983 for violations of her constitutional rights. The... More...   $0 (12-22-2011 - MO)

H. Donald Hudson v. Alyson Campbell

The district court1 dismissed Greta Arlene Hudson’s § 1983 claim against the Directors of the Missouri Family Support Division and Department of Social Services 1The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.

I.

The Division denied Hudson’s application for Medicaid benefits on the grounds that she had transferred property in... More...
   $0 (12-15-2011 - MO)

William Holden v. Linda Hirner

William Holden (Holden), a pretrial detainee, was assaulted by three other inmates while he awaited trial. Holden appeals the district court’s1 adverse grant of summary judgment on Holden’s 42 U.S.C. § 1983 claim against several prison officials. Holden contends the district court failed to recognize genuine disputes of material fact regarding (1) the substantial risk of harm he faced while i... More...   $0 (12-02-2011 - MO)

Margaret French v. Barber Asphalt Paving Company

This was a suit instituted in the circuit court of Jackson county, Missouri, by the Barber Asphalt Paving Company, a corporation whose business it was to construct pavements composed of asphalt, against Margaret French and others, owners of lots abutting on Forest avenue in Kansas City, for the purpose of enforcing the lien of a tax bill issued by that city in part payment of the cost of paving sa... More...   $0 (12-31-1969 - MO)

Susan M. Cannon (Randall) v. James R. Cannon

Susan Randall ("Mother") appeals from a judgment entered in the Circuit Court of Cole County modifying the visitation provisions of the decree dissolving her marriage to James Cannon ("Father"). In its judgment, the trial court dramatically increased Father's supervised visitation and included two, three, and fourteen-day supervised overnight periods. The trial court also approved Father's new wif... More...   $0 (11-01-2011 - MO)

Ronnie Walters v. Carl Wolf

SMITH, Circuit Judge. Ronnie Walters brought this 42 U.S.C. § 1983 action against the City of Hazelwood, Missouri, ("the City") and Hazelwood Chief of Police Carl Wolf, alleging that they (1) deprived him of his property, namely a handgun and its ammunition, without due process of law, in violation of the Fifth and Fourteenth Amendments to the United States Constitution; and (2) through the same ... More...   $0 (11-04-2011 - MO)

Christopher Paul Schwermer v. Amanda Lynn Schwermer

Amanda Schwermer (“Mother”) appeals the trial court‟s denial of her motion for relief from a judgment pursuant to Rule 74.06(b). In her sole point on appeal, Mother claims that the trial court abused its discretion in refusing to set aside its judgment modifying custody and child support because the judgment was void in that Mother did not receive notice of the hearing on the motion to modif... More...   $0 (10-04-2011 - MO)

Catherine Ndegwa v. KSSO, LLC

KSSO, LLC (Appellant) appeals from the trial court’s Order and Judgment granting partial summary judgment to Catherine Ndegwa (Ndegwa) and Ndegwa and Anale Mrema (Anale), as legal co-guardians for John Mrema (Mrema) (collectively Respondents),1 on Count III of Respondents’ first amended petition, and quieting title of certain property in Ndegwa as Trustee of the Mrema Family Revocable Trust. W... More...   $0 (10-11-2011 - MO)

Clayton Miller v. Mark Albright

Clayton Miller filed suit against St. Louis police officers Mark Albright and Patrick E. Cobb for violating his Fourth Amendment rights by unlawfully entering his home, using excessive force, and unlawfully arresting him, and for violating Missouri common law by maliciously prosecuting him. A jury rendered a verdict for Miller on the unlawful entry claim and for Albright and Cobb on the excessive ... More...   $0 (10-07-2011 - MO)

Park Hill School District v. Kevin Dass

Twin brothers D.D. and K.D. were born on January 28, 2000. They reside in the Park Hill School District in Kansas City, Missouri (“the District”). Their significant cognitive, adaptive, social/emotional, physical, and communication-related difficulties meet the definition of “child with a disability” in the Individuals with Disabilities Education Act (IDEA), which requires that public scho... More...   $0 (09-09-2011 - MO)

Vickie Fields v. Bill Abbott

In 2004, Vickie Fields was employed as a jailer in Miller County, Missouri. While at work one evening in July of that year, Fields was seriously injured by two inmates who took her hostage and attacked her after she honored their request to visit the jail’s law library.

Fields filed a civil rights action against Miller County, its sheriff, three of its county commissioners, and several ot... More...
   $0 (08-30-2011 - MO)

Kenneth Whithaus v. The Curators of the University of Missouri

Mr. Kenneth Whithaus appeals from the trial court‟s judgment dismissing his suit against the Curators of the University of Missouri. Mr. Whithaus sought reinstatement of his long-term disability benefits, and the trial court found it lacked subject matter jurisdiction. We reverse and remand.

Factual and Procedural Background

According to the allegations in the petition, Mr. Whi... More...
   $0 (08-16-2011 - MO)

Kenneth D. LeDure v. BNSF Raiway Company

Kenneth D. Ledure ("Appellant") appeals from a judgment entered on a jury's verdict in favor of BNSF Railway Company ("Respondent") in his suit under the Federal Employers' Liability Act.1 In the suit, Appellant alleged that Respondent was negligent in failing to report or repair a defective switch, and that negligence resulted in whole or in part in an injury to his back. Appellant now claims the... More...   $0 (08-05-2011 - MO)

D.J.M. v. Hannibal Public School Dist.

D.J.M., a student in the Hannibal Public School District #60 (the District), sent instant messages from his home to a classmate in which he talked about getting a gun and shooting some other students at school. The alarmed recipient and a trusted adult she had consulted contacted the school principal about their concerns. School authorities decided they must notify the police, who took a statement... More...   $0 (08-01-2011 - MO)

Viasystems v. EBM-Papst

Viasystems, Inc., a Missouri-based corporation, filed suit against EBM-Papst St. Georgen GmbH & Co., KG (“St. Georgen”), a German corporation, alleging several claims in contract and tort. The district court1 concluded that it had neither specific nor general personal jurisdiction over St. Georgen and granted its motion to dismiss. Viasystems appeals, and, for the following reasons, we affirm.... More...   $0 (07-21-2011 - MO)

The Empire District Electric Company v. Douglas L. Coverdell

The Empire District Electric Company (“Empire”) and the City of Branson, Missouri (“Branson”), separately appeal from the trial court’s “Judgment” entered on January 14, 2010 (“the 2010 Judgment”), arising out of a quiet title action. The 2010 judgment found that Douglas L. Coverdell (“Mr. Coverdell”) and Coverdell Enterprises, Inc. (“Coverdell Enterprises”) (collectively... More...   $0 (06-01-2011 - MO)

Fort Osage R-1 School District v. Brandon Sims

Brandon and Nichole Sims, on the behalf of their disabled daughter, B.S., appeal the district court's2 finding that the Fort Osage R-1 School District ("School District") offered B.S. a free appropriate public education ("FAPE") within the meaning of the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1400 et seq., for the 2006-2007 school year. The Sims seek reimbursement for t... More...   $0 (06-17-2011 - MO)

Kevin Chambers v. St. Louis County, Missouri

Appellant Kevin Chambers brought this action against three law enforcement officers pursuant to 42 U.S.C. § 1983. He alleged that the officers violated his rights under the Fourth Amendment by using excessive force against him during and shortly after his arrest. The district court concluded that Chambers’s failure to show greater than de minimis injury was fatal to his claim and dismissed the ... More...   $0 (06-06-2011 - MO)

Leodegaria Sanchez Pontigon v. Udis Sanchez Lord

This is an appeal from the registration of a Canadian defamation judgment. We reverse. Because only questions of law are at issue, we review de novo. State ex rel. Nixon v. Griffin, 291 S.W.3d 817, 819 (Mo. App. W.D. 2009).

The appellant, Ms. Lord, is an American citizen, resident of St. Charles County, Missouri, who was born in the Philippines. The respondent, Leodegaria Sanchez, is Ms. Lo... More...
   $0 (04-19-2011 - MO)

 
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