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Articles 1201 - 1230 of 3741
Full-Text Articles in Law
Too Sophisticated For Your Own Good: Missouri, Sophisticated Parties And ... The Economic Loss Rule - Purcell Tire & (And) Rubber Co. V. Executive Beechcraft, Inc., Jason A. Dunn
Missouri Law Review
In Purcell Tire and Rubber Co. v. Executive Beechcraft, Inc., the Missouri Supreme Court held that the “express negligence” rule is inapplicable to liability limitations in contracts between sophisticated parties with claims or purely economic losses. Although the decision does not explicitly determine whether the case presented a contract or a tort claim, the result clearly follows from the treatment of the case as a pure contract action. Consequently, the decision parallels the typical result reached under the application of the more well-known “economic loss rule” and appropriately preserves the fundamental distinctions between contract and tort law in cases involving …
Hey, That's My Wife - The Tort Of Alienation Of Affection In Missouri - Thornburg V. Federal Express Corp., Bruce V. Nguyen
Hey, That's My Wife - The Tort Of Alienation Of Affection In Missouri - Thornburg V. Federal Express Corp., Bruce V. Nguyen
Missouri Law Review
The tort of alienation of affection was first recognized in New York in 1866 and was eventually adopted by almost every jurisdiction in the United States. Missouri had recognized the tort as early as 1881 and continues to recognize it to this day. Most jurisdictions, however, have subsequently abolished the action either judicially or by statute. This Note will first present the facts and holding of the instant case, Thornburg v. Federal Express Corp. It will then provide the legal background by briefly discussing the history of the tort of alienation of affection, the related tort of criminal conversation in …
Subject Index Index To Volumes 66 - 67
Sec/Doj Parallel Proceedings: Contemplating The Propriety Of Recent Judicial Trends, Mark D. Hunter
Sec/Doj Parallel Proceedings: Contemplating The Propriety Of Recent Judicial Trends, Mark D. Hunter
Missouri Law Review
The Article examines the simultaneous civil investigation by the United States Securities and Exchange Commission (“SEC”) and criminal investigation by the Department of Justice (“DOJ”) through the United States Attorney’s Office regarding alleged violations of the federal securities laws. Part II of this Article introduces traditional authority, both statutory and case law, for the SEC and DOJ to conduct parallel proceedings. Part III briefly describes the SEC’s methods and procedures for gathering and sharing information with the DOJ. Part IV describes the rights and privileges afforded to suspects, while Part V describes the rights and privileges that suspects are not …
Trouble With Daubert-Kumho: Reconsidering The Supreme Court's Philosophy Of Science, The, David Crump
Trouble With Daubert-Kumho: Reconsidering The Supreme Court's Philosophy Of Science, The, David Crump
Missouri Law Review
This Article begins with a brief exploration of the philosophy of science that is laid out in the Daubert, Joiner, and Kumho cases. It then proceeds to examine the question, “what is science”? A related section considers the disadvantages and ironic results of the Daubert-Kumho definition of science. Next, the Article considers the characteristics of a good scientific theory or model. It compares the resulting criteria to those set out in Daubert and its progeny and shows how the Supreme Court’s philosophy can produce dubious consequences. A final section sets out the conclusions, which include the possibility that the Supreme …
Reporting Behind A Shield: The Growth Of Missouri's Fair Report Privilege To Defame - Kenney V. Scripps Howard Broadcasting Co., Steve J. Jasper
Reporting Behind A Shield: The Growth Of Missouri's Fair Report Privilege To Defame - Kenney V. Scripps Howard Broadcasting Co., Steve J. Jasper
Missouri Law Review
The law of defamation has evolved along a curious path. It is caught in the middle of a legal tug-of-war between the freedom of speech guaranteed by the First Amendment and each state’s interest in allowing its citizens to protect their reputations from being dragged through the mud. The Supreme Court of the United States and State of Missouri continue their efforts to strike a proper balance between these interests by tinkering with the element required for defamation claim and by creating privileges that prevent defamation liability. One of Missouri’s attempts to strike this proper balance is found in its …
Are Security Deposits Security Interests - The Proper Scope Of Article 9 And Statutory Interpretation In Consumer Class Actions, R. Wilson Freyermuth
Are Security Deposits Security Interests - The Proper Scope Of Article 9 And Statutory Interpretation In Consumer Class Actions, R. Wilson Freyermuth
Missouri Law Review
Part I of this article critiques this strand of decisions (referred to collectively throughout the article as the "security deposit cases") and demonstrates that the cases rest upon a flawed understanding of Article 9's scope provisions. In these cases, courts have borrowed landlord-tenant law's traditional distinction between a "debt" and a "pledge"-a distinction used in landlord-tenant law to justify a baseline rule under which title to a security deposit passes entirely to the landlord, with the landlord having no positive duty to invest the deposit or pay interest to the tenant. As Part I explains, the security deposit cases wrongly …
Employer Notice Requirements Under The Family And Medical Leave Act, Richard Bales, Sarah Nefzger
Employer Notice Requirements Under The Family And Medical Leave Act, Richard Bales, Sarah Nefzger
Missouri Law Review
This Article argues that Department of Labor regulations should continue to require employers to make a pre-leave designation of whether FMLA leave will run concurrently with, or consecutive to, the employer’s leave and give notice to their employees, but that the penalty for an employer’s noncompliance should be modified to comply with the Supreme Court’s decision in Ragsdale v. Wolverine World Wide, Inc. These conflicting positions are evaluated by analyzing the rationales behind the dicisions to impose or not to impose employer notice requirements. This Article argues that the courts should require employers to notify employees whether employer-provided leave runs …
Proposal To Reform The Like Kind And Involuntary Conversion Rules In Light Of Fundamental Tax Policies: A Simpler, More Rational And More Unified Approach, Fred B. Brown
Missouri Law Review
This Article seeks to improve the like kind and involuntary conversion rules, that is, make the provisions more rational and less complex, by analyzing them in light of the fundamental tax policies of efficiency, equity, and administrability. A review of these rules under efficiency and equity principles arguably will lead to a more rational scheme for providing nonrecognition treatment to voluntary and involuntary dispositions given the recognized importance of these policies in structuring the federal income tax system. Further, a careful consideration of tax administration concerns should serve to simplify the application of these nonrecognition provisions. Part II of this …
Application Of Minority And Marketability Discounts In Appraisal Actions Under Missouri Revised Statutes Section 351.455, Brian D. Rogers
Application Of Minority And Marketability Discounts In Appraisal Actions Under Missouri Revised Statutes Section 351.455, Brian D. Rogers
Missouri Law Review
Appraisal statutes are available to provide fair compensation to minority shareholders of corporations who are squeezed out against their will. Missouri Revised Statutes Section 351.455. the Missouri statute that provides for appraisal rights in the event of a merger or consolidation, requires corporations to pay dissenting minority shareholders “fair value” for their shares. The Missouri appraisal statute does not define “fair value,” nor does it provide a mathematical formula for determining the value of dissenters’ shares. Rather, Missouri case law has established that courts are to consider all relevant facts and circumstances to determine the value of a dissenter’s shares. …
Missouri, The War On Terrorism, And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Vargas
Missouri, The War On Terrorism, And Immigrants: Legal Challenges Post 9/11, Sylvia R. Lazos Vargas
Missouri Law Review
This Article focuses on the legal impacts of immigration at the state level. The pros and cons are primarily considered and debated at the federal level, however, because immigration has been mainly a prerogative of the federal government. States have not had much of an impact on immigration policy. Nevertheless, the repercussions of inconsistent choices have fallen on the states. Missouri and many other states are now home to Latinos and other immigrants because they have found in the Midwest their version on the American dream: a job, upward mobility, and security. Many are providing essential labor to key industries, …
Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii
Courts' Misuse Of The Similarly Situated Concept In Employment Disrimination Law, The, Ernest F. Lidge Iii
Missouri Law Review
This Article discusses the court’s misuse of the similarly situated concept. Part II is a short summary of the employment discrimination law, concentrating on the system developed by the Supreme Court for indirectly proving an individual disparate treatment case. Under the Supreme Court’s methodology, one way that a plaintiff may prove a prima facie case is to point to a similarly situated employee who the employer treated differently. Some courts, however, require a similarly situated showing as an element of plaintiff’s prima facie case. Part III discusses the problems with such a requirement. Part III.A briefly surveys the caselaw form …
Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner
Have Another Round On Me: Missouri Court Awards Workers' Compensation Benefits To Intoxicated Employees, Kimberly D. Sandner
Missouri Law Review
This Note examines the broadened application of Missouri’s workers’ compensation statute under Smith v. District II A & B, in which the Missouri Court of Appeals awarded workers’ compensation benefits to a worker injured when he drove from a work function while intoxicated. By awarding workers’ compensation benefits to cover illegal conduct such as illegally driving while intoxicated, Missouri courts are violating legislative intent, violating the historical purpose of workers’ compensation, and potentially hurting the society the legislature sought to unburden when it created a compensation scheme for injured workers.
Picture Worth Ten Thousand Words: Non-Audio Surveillance Videotapes Now Statements Under Section 287.215 Of Missouri's Workers' Compensation Law, The, Jason C. Rahoy
Missouri Law Review
When Michael Fisher filed his workers’ compensation claim, he was unaware that his employer, Waste Management of Missouri, had been secretly videotaping his physical activities. Not surprisingly, the submission of the surveillance videotapes at Fisher’s compensation hearing significantly contributed to the reduction of his disability ruling. The admission of these surveillance videotapes is, subsequently, the focus of this Note. Specifically, this Note will examine the meaning of a “statement” under Missouri’s workers’ compensation law and the process through which an employee can obtain such statement prior to a compensation hearing.
Of Saving To Suitors, Limitation Of Shipowners' Liability, And The Inherent Conflict Between, B. Matthew Struble
Of Saving To Suitors, Limitation Of Shipowners' Liability, And The Inherent Conflict Between, B. Matthew Struble
Missouri Law Review
The federal courts have often been faced with the “recurring and inherent conflict” between the Limitation of Liability Act and the saving to suitors clause. The Limitation of Liability Act allows a shipowner to absolutely limit its liability, for collisions and other losses which take place without the owner’s privity or knowledge, to the value of the ship and its freight then pending. The Act also provides for exclusive federal admiralty jurisdiction to determine whether an owner is entitled to limitation of its liability. The saving to suitors clause, on the other hand, which is included in the statutory grant …
Freedom Is To Confinement As Twilight Is To Dusk: The Unfortunate Logic Of Sexual Predator Statutes, Julia C. Walker
Freedom Is To Confinement As Twilight Is To Dusk: The Unfortunate Logic Of Sexual Predator Statutes, Julia C. Walker
Missouri Law Review
This Law Summary begins with a brief overview of the clinical treatment of sexual predators. The clinical background section enhances the discussion of legislation and jurisprudence because the adjudication of an individual as a sexually violent predator, in many states, involves testimony form medical experts and findings as to the individual’s ability to control his behavior, and, consequently, the likelihood that he will re-offend if he is released. This Law Summary then describes the legislative and judicial responses to sexual predators as well as the United States Supreme Court’s interpretation of sexually violent predator statutes and its declaration of their …
Perils Of Temptation: Has The Eighth Circuit Given Employers An Incentive To Exploit Employees, The, Hadi S. Al-Shathir
Perils Of Temptation: Has The Eighth Circuit Given Employers An Incentive To Exploit Employees, The, Hadi S. Al-Shathir
Missouri Law Review
The use of arbitration agreements by employers as an alternative to litigation has inflamed the passions of many in the legal community for the past decade. While some champion the use of arbitration as a relatively inexpensive and efficient alternative to litigation, others view the use of arbitration agreements as a tool of corporate exploitation. This Note examines a recent a growing debate within the world of arbitration that is controversial and has important policy implications. Specifically, the debate centers around what a court should do with an illegal clause within a binding arbitration agreement: sever it from the agreement …
And The Winner Is ... Trial Lawyers: When Does An Accommodation Under Title Ii Of The Ada Represent A Fundamental Alteration Of Competitive Sports, James B. York
Missouri Law Review
Prior to the United State Supreme Court’s decision in PGA Tour, Inc. v. Martin, fans could rest comfortably knowing that their games would stay true to the traditions they hold dear. After the decision, however, it appears that no rule, no matter how well established, is safe from a judicial determination that the rule is not fundamental and, thus, may be altered to accommodate individuals with disabilities. In PGA Tour, the Supreme Court forever changed when a proposed modification in competitive sports will be denied based on the fundamental alteration defense under Title III of the Americans with Disabilities Act. …
Three Strikes & You're Out: The Supreme Court's Reaffirmation Of The Scope Of Judicial Review Of Arbitrators' Decisions, Bryan M. Kaemmerer
Three Strikes & You're Out: The Supreme Court's Reaffirmation Of The Scope Of Judicial Review Of Arbitrators' Decisions, Bryan M. Kaemmerer
Missouri Law Review
In Major League Baseball Players Association v. Garvey, the United States Supreme Court affirmed an arbitrator’s decision to deny a former major league baseball player recovery from a settlement fund established to compensate players who were damaged by collusion amongst team owners in the market for free agent baseball players. In so doing, the Supreme Court reversed the United States Court of Appeals for the Ninth Circuit and reaffirmed the principle the Court announced in United Steelworkers v. Enterprise Wheel & Car Corp., that judicial review of an arbitrator’s decision in the labor context is extremely limited. The Supreme Court’s …
Argument And Logic , Julian L. Bush
Argument And Logic , Julian L. Bush
Missouri Law Review
There instance where the judge (on proper objection) is called upon to rule that certain arguments are out of bounds. Sometimes there a constitutional reasons for forbidding certain argument, and sometimes there are not. There does not seem to be a general theory applied to the latter cases that explains why those bad arguments are forbidden while other bad arguments are not, and, therefore, judges and lawyers need to know the cases. But it is possible to classify many of the bad arguments within the categories of fallacious arguments condemned by logicians, and it is useful to clear thinking to …
Reception Of The Common Law In Missouri: Section 1.010 As Interpreted By The Supreme Court Of Missouri, Joseph Fred Benson
Reception Of The Common Law In Missouri: Section 1.010 As Interpreted By The Supreme Court Of Missouri, Joseph Fred Benson
Missouri Law Review
This is an article of first impression, the very essence of which is to explore the meaning of Missouri’s reception statute of the common law as embodied within the four corners of Missouri Revised Statutes Section 1.010. How we think of our reception statute and the meaning of the “common law” will, to a degree, shape the future of the law, its institutions, and ultimately our lives. Missouri’s reception of the common law is codified under Missouri Revised Statutes Section 1.010 (2000). This Article discusses the significance of the phrase “fourth year of the reign of James the First” in …
Challenge Of Institutionalizing Alternative Dispute Resolution: Attorney Perspectives On The Effect Of Rule 17 On Civil Litigation In Missouri, The, Bobbi Mcadoo, Art Hinshaw
Challenge Of Institutionalizing Alternative Dispute Resolution: Attorney Perspectives On The Effect Of Rule 17 On Civil Litigation In Missouri, The, Bobbi Mcadoo, Art Hinshaw
Missouri Law Review
In 1997 the Missouri Supreme Court revised its civil (non-family) ADR rule, Rule 17, to give individual judges the power to order cases to ADR. One of the primary reasons for the revision was to increase the use of what was seen as a worthwhile but underutilized rule. In an effort to evaluate the revised rule and its effects, the Missouri Supreme Court commissioned the Authors to conduct an extensive attorney survey to assess when and why lawyers choose to use ADR, especially mediation; what ADR has on the litigation process; and how and when judges get involved in choosing …
Are All Contracts Of Employment Exempt From The Provisions Of The Federal Arbitration Act - The Supreme Court Settles The Matter, B. Matthew Struble
Are All Contracts Of Employment Exempt From The Provisions Of The Federal Arbitration Act - The Supreme Court Settles The Matter, B. Matthew Struble
Missouri Law Review
Congress enacted the Federal Arbitration Act (“FAA”) in 1925 to reverse the longstanding hostility of courts toward agreements to arbitrate and to make such agreements specifically enforceable. Section 1 of the FAA exempts the employment contracts of “seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce” from the Act’s coverage. The breadth of that exemption has been an issue with the courts of appeals for the past six decades, with the overwhelming majority of courts holding that Section 1 exempts only the contracts of employment of transportation workers form the FAA. In Craft v. …
Uniform Trust Code (2000): Significant Provisions And Policy Issues, The, David M. English
Uniform Trust Code (2000): Significant Provisions And Policy Issues, The, David M. English
Missouri Law Review
The Uniform Trust Code (200) (“UTC”) is the first effort by the National Conference of Commissioners on Uniform State Laws to provide the states with a comprehensive model for codifying their law on trusts. This Article provides an overview oft eh UTC, describes how it reponds to recent developments in American trust practice, and describes how its enactment would change the trust law prevailing in most American states. The final text of the UTC was approved by the Commissioners in August 2000, and by the American Bar Association’s House of Delegates at its mid-year meeting in February 2001. The detailed …
How Uniform Will The Uniform Trust Code Be: Vagaries Of Missouri Trust Law Versus Desires For Conformity, Scot Boulton
How Uniform Will The Uniform Trust Code Be: Vagaries Of Missouri Trust Law Versus Desires For Conformity, Scot Boulton
Missouri Law Review
The promulgation of the Uniform Trust Code (“UTC”) by the National Conference of Commissioners on Uniform State Laws presents a real opportunity to replace the current hit-or-miss Missouri statutory scheme with a comprehensive, flexible body of trust statutes that is not overly exhaustive. The UTC could fill some important gaps in Missouri law and solve issues left open by current statutory provisions. However, after extensive analysis, it is clear that Missouri has adopted some unique statutes and combinations of statutes that express policy decisions that are much different than those made in corresponding provisions of the UTC. One such example …
Removal Of Corporate Trustees Under The Uniform Trust Code And Other Current Law: Does A Contractual Lense Help Clarify The Rights Of Beneficiaries, Ronald Chester, Sarah Reid Ziomek
Removal Of Corporate Trustees Under The Uniform Trust Code And Other Current Law: Does A Contractual Lense Help Clarify The Rights Of Beneficiaries, Ronald Chester, Sarah Reid Ziomek
Missouri Law Review
In this Article, we hope to show that viewing trust law through a contractual lense may illuminate the problem of beneficiary removal of a corporate trustee. In part, this lense of help clarify by examining the recent reforms in American trust law (as seen in the UTC and Restatement (Third) of Trusts), as well as the contractual approach of European civil law jurisdiction and their recent attempts to move beyond it. Along the way, we will explore what rights the trust deal may provide beneficiaries in the trustee removal area. For example, a corporate trustee performs certain non-personal duties that …
Of Punctilios And Paybacks: The Duty Of Loyalty Under The Uniform Trust Code, Karen E. Boxx
Of Punctilios And Paybacks: The Duty Of Loyalty Under The Uniform Trust Code, Karen E. Boxx
Missouri Law Review
Loyalty has been cited as the most desired of traits from those who serve others. One reason that loyalty is so highly valued is that it is impossible to guarantee and impossible to buy. The trust law concept of the duty of loyalty acknowledges that human nature will cause any person to favor his or her personal interests over the interests another, and it is this assumption of disloyalty that gives rise to the strict prohibitions of trustee conflicts of interest required under the label of “duty of loyalty.”
Erisa's Unspoken Standard: The Fight For Employee Benefits, Bruce Nguyen
Erisa's Unspoken Standard: The Fight For Employee Benefits, Bruce Nguyen
Missouri Law Review
No abstract provided.
Congratulations It's A Tort: Expanding The Scope Of Duty In The Surrogacy Setting , Steve Jasper
Congratulations It's A Tort: Expanding The Scope Of Duty In The Surrogacy Setting , Steve Jasper
Missouri Law Review
In the evolving science and business of surrogacy, an important issue arises as to what duty, if any, a surrogacy business owes to its participants and the child created through the surrogacy process. In Huddleston v. Infertility Center of America, the Superior Court of Pennsylvania held that a surrogacy business had the duty to take steps to protect a child created by surrogacy form abuse at the hands of his biological father, and, if it was negligent in not doing so, its negligence could be found to be the proximate cause of the child’s injuries. This Note evaluates why and …