Appellate Court Rejects Municipal Judge’s Claimed Authority to Order Competency Evaluations

The Missouri Court of Appeals for the Western District denied Municipal Court Judge Michael C. Heffernon’s attempts to appeal a writ of prohibition that prohibited him from ordering the Department of Mental Health (DMH) to complete evaluations on twelve defendants accused of violating city ordinances.       

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Underlying Malpractice Suit ‘Meets the Low Bar’ of Insurer’s Duty to Defend Chicago Firm, Judge Rules

“These allegations easily implicate the services performed by Esbrook for the former clients ‘as a lawyer.’ These allegations clearly meet the low bar of ‘potentially’ arising out of the performance of ‘legal services,’ which is all that is required to trigger a duty to defend,” U.S. District Judge LaShonda A. Hunt said in a suit

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Slip-and-Fall Suit Against Target, Store Manager Sent to State Court, Federal Judge Rules

“Maybe those allegations won’t pan out. But at this early stage, the question is simply whether the complaint alleges that Albrecht was an active tortfeasor. And it does,” U.S. District Judge Steven C. Seeger for the Northern District of Illinois said.       

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‘No-Never,’ or ‘Yes-Always:’ Judge Weighs State, Federal Requirements for Punitive Damage Claim in Initial Complaint

“As this court has consistently held, Mo. Rev. Stat. § 510.261.5 and Rule 8 answer the same question, namely: may punitive damages claims be included in an initial complaint? Section 510.261.5 answers ‘no-never,’ while Rule 8 answers ‘yes-always,’” U.S. District Judge John A. Ross of the Eastern District of Missouri said in a lawsuit against

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Delegation Clause Sends Personal Injury Claims to Arbitrator, State High Court Rules

“Neither the circuit court nor this court is authorized to resolve these claims, however, because the arbitration agreement—which, on its face, purports to bind him with respect to his personal injury claim—contains a delegation clause in which he agrees to arbitrate threshold matters relating to the ‘scope, arbitrability, or validity’ of the arbitration agreement,” the

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Federal Judge OKs Wonderful Company’s Motion to Dismiss Suit Against Fiji Water

“Allowing a suit of this type to proceed on this basis would basically open the door to enabling any purchaser of any consumable product to file a lawsuit simply saying, ‘I bought product X, and it contains microplastics’ … and thereby get a past a motion to dismiss and into discovery and class certification proceedings,”

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