Missouri Court of Appeals Reaffirms Requirements for Admitting Text Messages
Introduction Litigation can be challenging, especially in the face of ever-changing technology. The Missouri Court of Appeals Eastern District recently issued an opinion restating and applying the standard for admitting text messages into evidence. Case Background Jeffery Lumzy lived with A.W. and her three children in the same neighborhood as D.P., with whom Lumzy also […]
Missouri Appellate Court Examines Requirements for Insurers Regarding Notice for Non-Renewal of Policies
Case Background Plaintiffs were involved in a motor vehicle accident on January 30, 2020. Their insurer, Farm Bureau Town and Country, denied coverage and denied that Plaintiffs’ policy was in effect at the time of the accident. Farm Bureau sent a letter regarding non-renewal of the policy in November 2019 and stopped debiting Plaintiffs for […]
Only Exceptional Circumstances Allow Attorneys to be Sued by Non-Clients for What Attorneys Did on Behalf of Their Clients
Background Plaintiff, Branson’s Nantucket, LLC, an owner of a luxury resort where vacationers can purchase timeshares, filed suit against attorneys at Timeshare Law Offices, LLC and Neally Law, LLC (collectively “Defendants”). In the suit, Plaintiff alleged tortious interference with a business expectancy and civil conspiracy. The basis of these claims was that 21 timeshare owners […]
An Attorney’s Guide to Preparing Briefs for Missouri Appellate Courts
Drafting an appellate brief can be a challenging task even for the most experienced litigator. There’s a good reason for that. Appellate briefing is an artform that requires the practitioner not only to persuasively and succinctly state the substantive legal issues being appealed but also to understand the rules of appellate procedure. It’s no surprise […]
Jaywalking— or a Dangerous Condition of Public Property?
Missouri Court Refuses to Extend Personal Jurisdiction to Truck Driver Driving for Missouri Company
In Babb v. Bartlett, ED 109479, 2021 WL 5894626 (Mo.App. E.D. Dec. 14, 2021), the Missouri Court of Appeals for the Eastern District of Missouri recently affirmed a trial court’s dismissal of an action for lack of personal jurisdiction. Case Background This case involved a commercial truck driver. The defendant, Oklahoma resident Tiffany Bartlett, was driving […]
Missouri Appellate Court Reaffirmed Owned-Vehicle Exclusions in Uninsured Motorist Coverage
The Missouri Court of Appeals for the Western District recently reaffirmed that owned-vehicle exclusions in automobile liability insurance policies that provide uninsured motorist coverage are enforceable for any coverage limits above the $25,000 minimum required under Missouri’s Motor Vehicle Financial Responsibility Law (MVFRKL). Jones v. American Family Mutual Insurance Company, S.I., 632 S.W.3d 482 (Mo. App. […]