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Missouri Court of Appeals Reaffirms Requirements for Admitting Text Messages

In a recent ruling, the Missouri Court of Appeals clarified the standards for admitting text messages as evidence in court, emphasizing the importance of proving authorship. The case involved Jeffery Lumzy, who was convicted of serious crimes after a violent incident. The court highlighted that simply owning a phone is not enough; there must be “some proof” that the sender actually wrote the message. This decision sheds light on the evolving challenges of litigation in the digital age, making it essential for legal practitioners to understand the nuances of technology in the courtroom.

Missouri Appellate Court Examines Requirements for Insurers Regarding Notice for Non-Renewal of Policies

Plaintiffs were injured in a January 30, 2020 motor vehicle accident, but their insurer, Farm Bureau Town and Country, denied coverage, asserting the policy had been non-renewed before the accident. Although Farm Bureau claimed it mailed a timely non-renewal notice, Plaintiffs later received declaration sheets and insurance cards indicating coverage on the accident date. The trial court granted summary judgment for Farm Bureau, but the Missouri Court of Appeals reversed, holding that Farm Bureau failed to comply with the statutory mailing requirements for non-renewal and that conflicting evidence regarding coverage created a genuine issue of material fact for a jury.

Only Exceptional Circumstances Allow Attorneys to be Sued by Non-Clients for What Attorneys Did on Behalf of Their Clients

The Missouri Court of Appeals affirmed dismissal of tortious interference and civil conspiracy claims brought by a resort against attorneys who advised timeshare owners to stop payments. The court held that when a non-client sues attorneys for actions taken on behalf of clients, the plaintiff must plead specific facts showing “exceptional circumstances”—such as fraud or malicious conduct—to overcome attorneys’ qualified privilege from suit. Conclusory allegations were insufficient to state a claim.

An Attorney’s Guide to Preparing Briefs for Missouri Appellate Courts

Drafting an appellate brief is a demanding task that requires both persuasive legal writing and strict compliance with Missouri Supreme Court Rule 84. Missouri appellate courts routinely dismiss appeals for briefing deficiencies, making adherence to formatting and content requirements essential. This guide provides a practical roadmap and tips to help practitioners prepare compliant and effective appellate briefs.

Jaywalking— or a Dangerous Condition of Public Property?

In urban landscapes, the act of jaywalking often sparks heated debates about public safety and responsibility. Is it merely a reckless choice by pedestrians, or does it highlight deeper issues related to the condition of our streets? As cities evolve, the balance between pedestrian freedom and traffic safety becomes increasingly complex. This article delves into the implications of jaywalking, examining how infrastructure, urban design, and public policy intersect to create both hazards and opportunities for safer navigation. Join us as we explore the nuances of this contentious issue and uncover what it truly means for our communities.

Missouri Appellate Court Reaffirmed Owned-Vehicle Exclusions in Uninsured Motorist Coverage

In a recent ruling, the Missouri Court of Appeals reaffirmed the enforceability of owned-vehicle exclusions in uninsured motorist (UM) coverage, clarifying that these exclusions apply to coverage limits exceeding the state’s $25,000 minimum. This decision arose from a case involving Courtney Jones, who sought additional UM coverage after a collision with an uninsured driver. The court emphasized that while minimum coverage is guaranteed, exclusions can limit additional claims. This ruling highlights the importance of understanding policy details beyond the Declarations page, ensuring insureds are aware of their coverage scope. Read on to discover the implications of this significant decision!