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Full-Text Articles in Law
When Precedent Wears Thin: The Missouri Supreme Court Clarifies An Issue Of Ambiguity Affecting The Arbitrability Of Wrongful Death Claims, Ashley Brittain
When Precedent Wears Thin: The Missouri Supreme Court Clarifies An Issue Of Ambiguity Affecting The Arbitrability Of Wrongful Death Claims, Ashley Brittain
Journal of Dispute Resolution
The issue before the Missouri Supreme Court in Lawrence H was whether an arbitration agreement signed on behalf of a nursing home resident is binding on plaintiffs in a wrongful death action against the nursing home. Beverly Manor argued that the court's decision in Burns "undercut" the cases holding that a wrongful death claim is a new and independent cause of action. However, the court disagreed that the Burns decision overturned such precedent. The court admitted that the language of Burns may seem to create ambiguity about whether wrongful death is a derivative claim but clarified that the Burns holding …
Just, Speedy, And Inexpensive Or Just Speedy And Inexpensive - Mandatory Alternative Dispute Resolution In The Western District Of Missouri, April A. Fredlund
Just, Speedy, And Inexpensive Or Just Speedy And Inexpensive - Mandatory Alternative Dispute Resolution In The Western District Of Missouri, April A. Fredlund
Journal of Dispute Resolution
This Comment will address five questions which may arise as challenges to the Western District of Missouri's implementation of its ADR program. First, is the experimental program designed by the court likely to be predictive? That is, will the program be able to tell us whether cost and delay are being reduced by the ADR program? Second, is the program as implemented likely to reduce cost and delay? Third, does the Western District of Missouri have authority to impose mandatory ADR on litigants? Fourth, is the provision for mandatory ADR constitutionally sound? And fifth, assuming affirmative answers to these questions, …
Comsumer Dispute Resolution In Missouri: Missouri's Need For A True Consumer Ombudsman
Comsumer Dispute Resolution In Missouri: Missouri's Need For A True Consumer Ombudsman
Journal of Dispute Resolution
The purpose of this Article is to explore the practicality of such a "modest proposal." In determining whether Missouri really needs a consumer ombudsman, the first order of business must be to comprehend how consumer protection developed in Missouri. Once established, this framework sheds lights upon how complaints are processed and what remedies are available to Missouri consumers. Only after we know the extent of the typical consumer's helplessness can we start to appreciate the need for an alternative dispute resolution device in Missouri. Finally, this article concludes by proposing a viable solution to Missouri's consumer crisis-the Consumer Ombudsman.
Judge's Role In Settlement: Opinions From Missouri Judges And Attorneys, The, James A. Wall Jr., Dale E. Rude
Judge's Role In Settlement: Opinions From Missouri Judges And Attorneys, The, James A. Wall Jr., Dale E. Rude
Journal of Dispute Resolution
This study investigates judges' involvement in settlement, and the opinions that Missouri judges and attorneys hold toward that involvement. In a survey of 1,100 judges and 1,550 attorneys, we found that Missouri judges differ significantly from Missouri attorneys. Specifically, Missouri judges prefer less judicial involvement in settlement and they, in the cases sent to them, were less aggressive in facilitating settlement. Finally, judges and attorneys from Missouri's metropolitan areas were found to favor stronger involvement in settlement than were their counterparts from the non-metropolitan areas.