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State Courts -
Missouri - March 20, 2007
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CADCO, Inc. v. Fleetwood Enters., No. ED87066,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION ONE, March 20, 2007, Filed
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Overview: Because sufficient evidence supported all elements of retailers' misrepresentation claims, the trial court did not err in granting judgment in favor of the retailers. However, because a reduction of the verdict under Mo. Rev. Stat. § 537.060 had to be pleaded and proved as an affirmative defense, companies were not entitled to an offset.
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Campise v. Borcherding, No. ED88166,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 20, 2007, Decided , March 20, 2007, Opinion Filed
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Overview: A remand for an evidentiary hearing in plaintiff's personal injury action against defendant stemming from a motor vehicle accident was appropriate because there was a need to determine if a juror failed to disclose prior litigation and, if so, if his nondisclosure was intentional and whether a new trial was justified.
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Clark v. Wuebbeling, No. ED88413,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 20, 2007, Filed
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Overview: Court erred by granting a full order of protection based on stalking to a former wife, Mo. Rev. Stat. § 455.020.1, because she failed to prove the existence of any threats of bodily harm, physical altercations, or other events after the dissolution that made it reasonable for the husband's conduct to cause her fear of danger of physical harm.
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