St. Louis, Missouri consumer law lawyer represented Plaintiff who sued Defendant on a conversion theory claiming that it evicted her and took or destroyed all of her personal propert Nov. 13, 2019.
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$171000
(01-16-2023 - MO)
State of Missouri vs. Lonnie Vandell Mitchell
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In 2016, Mitchell and Girlfriend had been in a romantic relationship for eight ... More...
$0
(05-02-2019 - MO)
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American Family Mutual Insurance Company v. Vein Centers for Excellence, Inc. and St. Louis Heart Center
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American Family Mutual Insurance Company (American Family) filed a
complaint for declaratory judgment against its insured, Vein Centers for Excellence,
Inc. (Vein Centers), disputing American Familys duty under certain policies to
defend and indemnify V... More...
$0
(01-04-2019 - MO)
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Brent Alan Loutzenhiser v. Kathleen Louis Best
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Brent A. Loutzenhiser filed a three-count petition in the Circuit Court of Callaway County
against Kathleen Best alleging money had and received, unjust enrichment, and seeking a
constructive trust relating to money transferred by Best from a joint bank acc... More...
$0
(12-18-2018 - MO)
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Jodelle L. Kirk v. Schaeffer Group USA, Inc.; FAG Bearings, LLC
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From 1973 to 1982, FAG Bearings Corporation released thousands of gallons
of trichloroethylene (TCE), a volatile organic compound now classified as a hazardous
substance, at its manufacturing facility in Joplin, Missouri. In 1991, the Missouri
Department of Health and the Environmental Protection Agency (EPA) detected TCE
contamination in residential wells in the Villages of Silver... More...
$0
(04-05-2018 - MO)
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United States of America v. Antonio Laregus Robertson
Western District of Missouri Federal Courthouse - Kansas City, Missouri
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A jury convicted Antonio Robertson of conspiracy to possess and distribute
100 grams or more of phencyclidine (PCP) and conspiracy to commit money
laundering. The district court sentenced Robertson to 252 months imprisonment.
Robertson appeals his convictions and sentences. We affirm the convictions but
remand for a correction to Robertsons sentence on the money laundering coun... More...
$0
(03-08-2018 - MO)
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Western Heritage Insurance Co. v. Fun Services of Kansas City
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Kansas City, MO - Eight Circuit affirms summary judgment against insured on claim for indemnity for sending junk faxes
This is a declaratory judgment action brought by an insurer concerning its duties with respect to a junk fax lawsuit brought against its insured. The district court2 dismissed counterclaims brought against the insurer and found that it had no duty to indemnify. We affirm.... More...
$0
(07-30-2015 - MO)
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Phil Rosemann v. Martin Sigillito
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Phil Rosemann appeals the district court’s adverse grant of summary judgment
in this diversity action alleging legal malpractice against now-disbarred attorney
Martin Sigillito. We agree with the district court that in negligence cases like this
one, Missouri law requires expert-witness testimony about the duty of care owed.
Without providing an expert, Rosemann’s claim is inva... More...
$0
(05-04-2015 - MO)
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Tara L. Ward v. West County Motor Company, Inc. d/b/a West County BMW
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Tara L. Ward, Kamal Yassin, Mona Yassin, Matthew F. Toole, Curt S. Zargan, and Larry L. LaBarge (plaintiffs) appeal the judgment of the trial court granting West County Motor Company, Inc. d/b/a West County BMW’s (West County) motion to dismiss their claim for violation of the Missouri Merchandising Practices Act. The judgment is affirmed in part and reversed in part.
I. BACKGROUND More...
$0
(04-09-2013 - MO)
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Hallmark Cards v. Janet Murley
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Hallmark Cards, Inc. ("Hallmark") sued its former employee, Janet Murley, for a breach of the parties' separation agreement and won a $860,000 jury verdict on its breach of contract claim. The district court denied 1 Murley's motion for a new trial. Murley now appeals, arguing the district court erred in delivering an adverse inference instruction to the jury and the award on Hallmark's breach of ... More...
$860000
(01-16-2013 - MO)
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Brian Hartis v. Chicago Title Insurance Co
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Brian D. Hartis and Jacqueline H. Hartis (collectively, "the Hartises") appeal from the district court's denial of their 1 motion to remand their suit against Chicago Title Insurance Company ("Chicago Title") to state court. They argue that the district court erroneously determined that the amount in controversy exceeds $5 million under the Class Action Fairness Act (CAFA). In the alternative, the... More...
$0
(09-12-2012 - MO)
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Sleepy Hollow Ranch, LLC v. Priscilla Robinson
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In this consolidated appeal, Sleepy Hollow Ranch, LLC, the Estate of Buenos (“Jim”) C. Blunk (“the Estate”), and the “[Jim] & Mary M. Blunk Living Trust, dtd 8-18-03” (“the Trust”) (collectively “Appellants”) appeal from the trial court’s “AMENDED JUDGMENT.”1 They bring five points of trial court error based on the trial court’s determination of issues in favor of Prisc... More...
$0
(04-17-2012 - MO)
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Moore Automotive Group, Inc. v. Julie D. Lewis
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Julie Lewis (Defendant) appeals the trial court’s grant of summary judgment to Moore Automotive Group, LLC (Plaintiff) in the amount of $2,401,432.35 on its claims for conversion and breach of fiduciary duty. Defendant contends the trial court improperly relied on the collateral source doctrine to preclude Defendant from introducing evidence of payments that Plaintiff received from other sources... More...
$0
(03-20-2012 - MO)
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Premium Financing Specialists, Inc. v. Mid-Continent Casualty
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Premium Financing Specialist, Inc. sued Mid-Continent Casualty Company on a conversion theory.... More...
$0
(01-24-2012 - MO)
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Crest Construction II v. John Doe
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Crest Construction II, Inc. (Crest) and Metro Energy, Inc. (Metro) (collectively, Plaintiffs) brought this action against several defendants alleging violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, 28 U.S.C. § 1961 et seq., and raising several state law causes of action. The district court2 granted the Defendants’ motion to dismiss the RICO claim and declined to exe... More...
$0
(10-31-2011 - MO)
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Lee C. Hunt, Jr. v. Estate of Anna M. Hunt
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Lee C. Hunt, Jr. appeals the judgment denying his claims for breach of contract, specific performance, unjust enrichment, quantum meruit, and conversion against the Estate of Anna M. Hunt and Billie A. Gammill, as personal representative of the estate and in her individual capacity (collectively, "Estate").1 Lee contends he presented sufficient evidence to prevail on his claims. He also contends t... More...
$0
(09-13-2011 - MO)
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Rosalind Brooks v. Midwest Heart Group
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Rosalind Brooks appeals the dismissal of her action against a former employer alleging race, sex, and age discrimination and retaliation in violation of Title VII. The district court concluded Brooks has not filed a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) within 300 days of her termination, as required to exhaust her claim, see 42 U.S.C. § 2000e-5(e)(1), a... More...
$0
(09-09-2011 - MO)
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Sarah Illig v. Union Electric Company
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Sarah and Gale Illig (collectively, "Illig"), on behalf of themselves and others similarly situated, brought suit against Union Electric Company ("Union") in Missouri state court, alleging claims of inverse condemnation and trespass under Missouri law.
The Surface Transportation Board (STB) regulates "the construction, operation, and abandonment of most railroad lines in the United States."... More...
$0
(08-31-2011 - MO)
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Monarch Fire Protection Dist. v. Freedom Consulting & Auditing
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Monarch Fire Protection District of St. Louis County, Missouri, appeals several adverse rulings in favor of Freedom Consulting & Auditing Services, Inc., Brett Turner, Freedom’s owner, and Karen Indellicati, a Freedom employee. We affirm the district court.1
I.
The International Association of Firefighters Local 2665 (the “Firefighter Union”) represents Monarch’s employees. T... More...
$0
(07-07-2011 - MO)
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Larry Treadwell v. Glenstone Lodge, Inc.
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Larry Weldon Treadwell and his wife, Carole Elaine Treadwell, arranged and presented a Red Hat Society event for hundreds of women at Glenstone Lodge, Inc. (Glenstone) in Gatlinburg, Tennessee. The Treadwells promised to pay the hotel bill, but skipped town without paying. As a result, the Treadwells owe Glenstone over $150,000. When Glenstone tried to foreclose on the Treadwells’ Missouri home ... More...
$0
(03-09-2011 - MO)
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William Scott Reyner v. Rainey J. Crawford, Jr.
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William Reyner and the McPherson Condominium Association (“Association”) (collectively “Appellants”) appeal from the judgment of the trial court in favor of Rainey Crawford, Jr. (“Crawford”) on all counts of their second amended petition. We affirm in part and reverse and remand in part.
Viewed in the light most favorable to the judgment, the facts are as follows. In October 200... More...
$0
(03-01-2011 - MO)
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Nathan Paul Reuter v. Tana S. Cutcliff
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The debtor appeals from orders of the bankruptcy court1 denying confirmation of his Chapter 11 plan, granting the creditors’ motion to convert the case to Chapter 7, and entering judgment in favor of the creditors on certain dischargeability claims raised in an adversary proceeding. For the reasons stated below, we affirm.
I. Background
Mr. Reuter, the debtor, was a founding member... More...
$0
(01-31-2011 - MO)
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Susan Wintermute v. The Kansas Bankers Surety Co.
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Susan Wintermute, a former director of the Sinclair National Bank (SNB), appeals the district court's grant of summary judgment in favor of The Kansas Bankers Surety Co. (KBS) in this insurance policy dispute concerning whether a directors and officers (D&O) liability insurance policy obligated KBS to defend Wintermute in a criminal action brought against her as a director of SNB. Wintermute also ... More...
$0
(01-06-2011 - MO)
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Patrick Eng v. Cummings, McClorey, Davis and Acho, P.L.C.
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Patrick Eng, individually and on behalf of his partners in the Missouri law firm of Eng & Woods (collectively “Eng & Woods”), filed a declaratory judgment action against Cummings, McClorey, Davis & Acho, PLC (“CMDA”), a Michigan law firm, seeking a judgment that Eng & Woods need not share a portion of the attorney’s fees awarded to the firm in a personal injury action. CMDA cross-claimed... More...
$0
(07-09-2010 - MO)
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Moore Equipment Company v. Callen Construction Co., Inc.
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Moore Equipment Company appeals the circuit court's grant of summary judgment in favor of Callen Construction Co., Inc., on Callen's claim for conversion. Moore contends that Callen's claim fails as a matter of law because it seeks the return of money and does not fall within the limited circumstances in which a claim for the return of money lies in conversion.
Moore also alleges that the... More...
$0
(10-28-2009 - MO)
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Jason Grellner, et al. v. Foremost Signature Insurance Company and Lamar International, Inc., d/b/a Lamar International Realators and Green Tree Services, LLC
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Jason Grellner ("Grellner") appeals the trial court's judgment granting Green Tree Servicing, LLC's ("Green Tree/Conseco") motion to dismiss.1 We reverse and remand.
I. BACKGROUND
The underlying litigation in this case involves a tort claim by Grellner against Troy Manning ("Manning") for a dangerous condition on Manning's mobile home premises (a meth lab). Grellner determined that F... More...
$0
(07-14-2009 - MO)
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Harold J. Cramer v. Charles Smoot and Rhonda Rice
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Harold J. Cramer appeals the trial court's judgment dismissing his amended petition pursuant to Rule 55.27(a)(6),1 for failure to state a claim upon which relief can be granted. Cramer asserts that his amended petition stated claims against Charles Smoot and Rhonda Rice for "money had and received." Finding that the trial court's judgment does not constitute a final judgment for purposes of appeal... More...
$0
(07-16-2009 - MO)
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Jason Grellner, et al. v. Foremost Signature Insurance Company and Lamar International, Inc. d/b/a Lamar International Realtors, et al.
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Jason Grellner ("Grellner") appeals the trial court's judgment granting Green Tree Servicing, LLC's ("Green Tree/Conseco") motion to dismiss.1 We reverse and remand.
I. BACKGROUND
The underlying litigation in this case involves a tort claim by Grellner against Troy Manning ("Manning") for a dangerous condition on Manning's mobile home premises (a meth lab). Grellner determined that F... More...
$0
(07-16-2009 - MO)
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Brian Hartis v. Chicago Title Insurance Co.
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Brian and Jacqueline Hartis ("class representatives"), individually and on behalf of the putative class, appeal from the district court's denial of their motion to remand to state court, asserting that the district court erroneously concluded that the $5 million amount in controversy under the Class Action Fairness Act (CAFA) was satisfied. We vacate the district court's order and remand.
I... More...
$0
(03-13-2009 - MO)
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JCB, Inc. v. Union Planters Bank, N.A. and Machinery, Inc.
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JCB, Inc. brought this action against Union Planters Bank, N.A. (Bank) seeking a declaratory judgment and damages for trespass and conversion for unilateral removal and sale of equipment which had been purchased by their debtor, Machinery, Inc. and was subject to their competing security interests. The district court referred some of the issues in dispute to the bankruptcy court which determined t... More...
$1087500
(08-26-2008 - MO)
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Lance Addison v. Randall Seaver
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Shortly before Lance Addison filed his bankruptcy petition, he converted a portion of his nonexempt assets into exempt assets. After the bankruptcy trustee ("Trustee") filed an objection to Addison's claimed exemptions, the bankruptcy court concluded that Addison converted the assets with the intent to hinder, delay, or defraud a creditor. As a result, the bankruptcy court reduced Addison's homest... More...
$0
(08-07-2008 - 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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Jessie L. Kopp, et al. v. Home Furnishing Center, LLC, et al.
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Home Furnishing Center, L.L.C. ("HFC") appeals the trial court's entry of judgment in favor of Don Kopp and the Kopp Family Trust following a jury trial. The jury returned a verdict in favor of Don Kopp on his breach of contract claim against HFC. The court denied HFC's counterclaim against the Family Trust for attorneys' fees. The judgment is affirmed.
Statement of Facts
This appeal ar... More...
$260000
(10-31-2006 - MO)
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Michael Powel v. Chaminade College Preparatory, Inc., et al.
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This Court must determine whether the bar of the statute of limitations required entry of summary judgment in Respondents' favor on Michael Powel's claims against them for intentional failure to supervise clergy. Michael alleges that defendants Father William Christensen and Brother John Woulfe, while teachers living at Chaminade College Preparatory, Inc., sexually abused him while he was a min... More...
$0
(06-29-2006 - MO)
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Kansas City Power & Light v. Bibb & Associates, Inc., et al.
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This case involves product liability and negligence claims asserted by Kansas City Power & Light Company (KCPL) against Rockwell Automation, Inc. (f/k/a Allen-Bradley Company LLC) based on a defective Troubleshooting Guide and a defective programmable logic controller (PLC). KCPL asserted that defects in the two products caused or contributed to cause a natural gas explosion that destroyed a 12... More...
$0
(05-11-2006 - MO)
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Intertel, Inc., v. Sedgwick Claims Management Services, Inc., Lori MOrgan, and MJM Investigations, Inc.
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Intertel, Inc. ("Intertel") appeals from a judgment entered after a jury returned a unanimous verdict in favor of Intertel on its breach of contract claim against Sedgwick Claims Management Services, Inc. ("SCMS") in the amount of $31,000.00 and verdicts in favor of Intertel on all of SCMS's counterclaims. Intertel claims eight points on appeal and SCMS claims one point on cross-appeal. We affi... More...
$0
(05-03-2006 - MO)
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Russell and Jennifer Gadberry v. Calvin Bird and Lacrissa Bird, d/b/a Bird & Associates
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Russell and Jennifer Gadberry ("Buyers") appeal from the trial court's judgment in favor of Calvin and LaCrissa Bird d/b/a Bird and Associates ("Broker").(FN1) Buyers contend they established, as a matter of law, that Broker unlawfully converted $25,000 of their funds through misappropriation and by refusing to return their funds upon demand. We reverse and remand.
Facts and Procedural ... More...
$0
(04-04-2006 - MO)
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