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| Liberty v. Treasurer for Mo., WD 66889, Opinion,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 20, 2007, Filed
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Overview: Labor and Industrial Relations Commission did not err in finding that appellant workers' compensation claimant failed to meet his burden of proof on the issue of jurisdiction; the claimant's assertion that the contract for hire was completed in Missouri was supported only by his testimony, which the Commission rejected as not credible.
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| Meyer v. Fluor Corp., No. SC87771,
SUPREME COURT OF MISSOURI, March 20, 2007, Filed
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Overview: Order denying class certification for a proposed class of children exposed to lead due to the operation of a lead smelter was reversed because the circuit court misapplied the law by applying personal injury concepts to plaintiff's medical monitoring claim, and in holding that the individual personal injury issues predominated over common issues.
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| Mitalovich v. Toomey, No. ED88331,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION THREE, March 20, 2007, Filed
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Overview: In a paternity case, a mother's attorney fees were properly assessed against a father who failed to appear at a hearing, for which he requested, but did not receive, a continuance, as Mo. Rev. Stat. § 452.355 was not cited as the basis of the award; they were a sanction, and the father did not request a hearing to adduce the true amount of fees.
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| Richardson v. Richardson, No. SC87641,
SUPREME COURT OF MISSOURI, March 20, 2007, Filed
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Overview: Trial court did not err in dismissing a former husband's motion to terminate his maintenance obligation for failure to state a claim upon which relief could be granted because neither the agreement, nor the decree, nor Mo. Rev. Stat. § 452.325 authorized a court to modify terms of the agreement or the decree on account of subsequent circumstances.
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| Schlup v. State, WD 66882,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 20, 2007, Filed
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| Schwalm v. Schwalm, No. ED87829,
COURT OF APPEALS OF MISSOURI, EASTERN DISTRICT, DIVISION FOUR, March 20, 2007, Filed
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Overview: Court erred in finding wife stalked husband during dissolution and granting him full order of protection under Adult Abuse Act, Mo. Rev. Stat. §§ 455.005 through 455.090; wife never made threats to husband, he merely testified her conduct caused him "alarm," and he failed to testify he was afraid of wife and, specifically, afraid of physical harm.
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| Sredl v. Mo. Bd. of Prob. & Parole, WD 67093,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 20, 2007, Order Filed
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| State ex rel. Pooker v. Kramer, No. SC87878,
SUPREME COURT OF MISSOURI, March 20, 2007, Filed
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Overview: Trial court abused its discretion by denying driver's motion to quash a subpoena duces tecum because asking for all documents about all medical services performed by orthopedic surgeon and for medical records of other patients without redaction went beyond any definition of evidence that was reasonably calculated to uncover bias.
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| State v. Dixon, WD 66641,
COURT OF APPEALS OF MISSOURI, WESTERN DISTRICT, March 20, 2007, Opinion Filed
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Overview: Highway patrol corporal seized defendant when he directed defendant to give him his driver's license, instructed defendant to remain in his truck, retained defendant's driver's license, and then took the license back to his patrol car, because a reasonable person in defendant's position would not have felt free to decline the corporal's request.
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