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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 …
Foreword, R. Lawrence Dessem
Foreword, R. Lawrence Dessem
Missouri Law Review
It is my great pleasure to introduce the Missouri Law Review's 2009 symposium: "Mulling Over the Missouri Plan: A Review of State Judicial Selection and Retention Systems." This has been a labor of love by the entire staff of the Missouri Law Review, and both the February 27 symposium and the written symposium that follows are a work product that should serve as a touchstone for scholars, policy-makers, and all members of the public who are interested in state judicial selection and retention systems and the current efforts to amend and extend those systems.
Missouri's Second Injury Fund - Should It Stay Or Should It Go: An Examination Of The Question Facing The Missouri State Legislature, Jason R. Mcclitis
Missouri's Second Injury Fund - Should It Stay Or Should It Go: An Examination Of The Question Facing The Missouri State Legislature, Jason R. Mcclitis
Missouri Law Review
This Law Summary will start by explaining the concepts underlying the Fund within the workers' compensation system. It will then move to an indepth look at the Fund's recent developments in the judicial, executive, and legislative arenas. Finally, this Law Summary will analyze and attempt to answer the ultimate question facing the 2009 state legislature: what should be done with the Fund? This will include an examination of the Fund's future liability under its current claims and the Schoemehl decision, the need for the Fund in the wake on anti-disability discrimination laws, and adjustments and alternatives for the legislature to …
Interpreting Eminent Domain In Missouri: Elimination Of Blight Is Allright, Anita J. Patel
Interpreting Eminent Domain In Missouri: Elimination Of Blight Is Allright, Anita J. Patel
Missouri Law Review
This Note argues that the court in Allright improperly interpreted the statute's requirement of a specific finding of blight for each parcel but it properly applied the predominance requirement. It also examines the impact of the new eminent domain legislation in Missouri and argues that the legislation does not provide as much protection to private property owners as the legislature claims.
“Finders Keepers, Losers Weepers”: The Law Of Finding “Lost” Property In Missouri, Joseph J. Simeone
“Finders Keepers, Losers Weepers”: The Law Of Finding “Lost” Property In Missouri, Joseph J. Simeone
Saint Louis University Law Journal
No abstract provided.