Newsletter Archive

December 2009 - View Newsletter

August 2009 - View Newsletter

News

07/14/10 -

Missouri Radically Modifies Residential Mechanic’s Liens

07/09/10 -

Swanson Midgley Mourns the Loss of Our Member and Friend Douglas M. Beck.

07/06/10 -

Kansas Ban On Texting While Driving Begins July 1, 2010 - What Employers Can Do To Minimize Liability For Employee Texting While Driving

06/30/10 -

No Smoking Policy and Poster Requirement for Kansas Employers Effective July 1, 2010

06/14/10 -

Kelly Brende to Speak at "Leaving a Legacy — Helping Clients Manage the Wealth Transition"

06/04/10 -

Jacqueline Melchior Completes 2010 Boston Marathon in 3:24:41

04/28/10 -

Missouri Legislature Considers Green Building

04/28/10 -

Allison Tanner to Speak at the Fifteenth Annual Missouri Bar Solo & Small Firm Conference on June 10-12, 2010

04/27/10 -

2010 Pending Missouri Construction Laws

03/24/10 -

Allison Tanner Featured in KC Business Magazine Article

03/24/10 -

Christopher Barhorst to Speak about Lease Provisions and Issues on June 23, 2010

03/11/10 -

Kelly Brende Spoke about Drafting Effective Wills and Trusts on March 23, 2010

03/09/10 -

Online Browsing Is Binding

03/09/10 -

Email Exchange May Be A Contract

02/19/10 -

Swanson Midgley Attorney Daniel V. Hiatt, Jr. Earns LL.M. in Taxation

01/20/10 -

Swanson Midgley Sponsors Jacqueline Melchior in 2010 Boston Marathon

01/06/10 -

Attorney Richard R. Fritz Joined Swanson Midgley

12/11/09 -

Allison Tanner Spoke at Real Property Foreclosure: A Step-by-Step Workshop on December 11, 2009

12/04/09 -

Swanson Midgley Attorney John Miller Named as a Nominee for Missouri Court of Appeals Western District

11/21/09 -

New EEO Poster Required by November 21, 2009

11/06/09 -

James Freeman Taught Seminar on Legal Issues Affecting Churches and Pastors at Local Seminary on November 6th.

10/21/09 -

Swanson Midgley Attorneys James F. Freeman III and Edward M. Dolson Named 2009 Super Lawyers

10/09/09 -

Attorney Allison Tanner Joined Swanson Midgley

09/29/09 -

Unliquidated Real Estate Misrepresentation Claims Assignable

09/22/09 -

Court Has No Discretion But To Award Contractual Attorneys Fees

08/21/09 -

Swanson Midgley Attorney John J. Miller Wins $800K Award for Clients in Securities Arbitration Case

06/29/09 -

Swanson Midgley Attorney Holly Fisher Achieves LEED Professional Accreditation

06/23/09 -

Kelly Dean Brende Spoke at Probate Practice: The Essential Basics Seminar On June 23, 2009

05/29/09 -

Kansas Consumers Should Read and Negotiate Pre-Printed Liability Waivers

05/18/09 -

Kelly Dean Brende Spoke at Top 10 Estate Planning Techniques Seminar On May 18, 2009

05/13/09 -

Employer Preparedness for the H1N1 Flu

05/02/09 -

Swanson Midgley Sponsors Dragon Dash and Staff Member Jacqueline Melchior Takes 2nd Place Overall For Females

04/27/09 -

Three Swanson Midgley Attorneys Attend International Law Firm Annual Meeting

04/02/09 -

Swanson Midgley Reminds Employers To Be Aware of New Form I-9 Requirements Effective April 3, 2009

03/19/09 -

Swanson Midgley Attorney Michael Blanton Wins Appeal that Clarifies the Statute of Limitations for Breach of Trust Actions in Missouri

03/02/09 -

James Freeman Participates in RETECH 2009 on Renewable Energy

02/23/09 -

Missouri Court Refuses To Enforce Non-Compete Agreement

01/27/09 -

Local and State Building, Codes and Regulations

01/12/09 -

New FMLA Requirements Effective January 16, 2009

01/06/09 -

No Jurisdiction To Enforce Settlement Asserted As Affirmative Defense But Not In Prayer

01/01/09 -

Swanson Midgley’s Super Lawyers

11/22/08 -

John "Jack" Kitchin Retires

11/17/08 -

Swanson Midgley Welcomes Carlson Kort Attorneys and Staff

11/12/08 -

Defendant Must Affirmatively Produce Evidence of Exemption To City Code Violation

11/12/08 -

Failure On Lease To Affirmatively Disclose Agency Results In Personal Liability of Agent

10/22/08 -

Marcia Prentis and The Pie Lady Coffeehouse Provide Sweet Potato Pie To Obama

10/01/08 -

Swanson Midgley Volunteers at the Ronald McDonald House

09/02/08 -

Mutual Repugnancy Does Not Apply When One Policy Contains "No Liability" Clause And Other "Excess Clause"

09/01/08 -

Kelly Dean Brende Participates in Ingram's Industry Outlook

08/20/08 -

Missouri Bar Permits Missouri Attorneys To Engage In "Collaborative Law"

08/19/08 -

Land Sale To Son For More Than Nominal But Less Than Appraised Value May Trigger Right Of First Refusal

08/19/08 -

Benefit Of Bargain Damages In Missouri Merchandise Practices Act When Consumers Do Not Rescind

08/19/08 -

Individual With Appointed Legal Guardian Disqualified From Personal Care Attendant Program

07/18/08 -

James Freeman to Present Building Codes in Missouri Seminar on August 28th in Kansas City

07/16/08 -

Arbitration and Mediation - What's the Difference?

07/16/08 -

Congratulations to Swanson Midgley Attorney John Miller

07/01/08 -

Why Make An Estate Plan?? To Protect You And Your Family!

06/27/08 -

Supplier Cannot Rely Consultant's Representation As "Contractor" In Order To Impose Mechanic's Lien

06/23/08 -

Are You Prepared For Accidents?

06/23/08 -

Developing Protocol for Accident Documentation

06/23/08 -

Differences Between Employee and Third-Party Accidents

06/23/08 -

Preserving the Accident Site and Other Evidence

06/23/08 -

Selecting a Company Spokesperson and What Information to Divulge

06/23/08 -

Improving Workplace Safety Procedures During Litigation: Will It Hurt Your Case?

06/21/08 -

Attorney Rodney V. Hipp to Present on Planning for Your Retirement - Wills & Trusts

05/27/08 -

Investigation of Auction Rate Securities

05/23/08 -

Liquidated Damages Clauses Serves As Payment In Lieu Of Performance, Not To Secure Performance

05/23/08 -

Assignee On A Supervised Loan Under K.S.A. 16a-2-301(2) Must Be Licensed In Order To Collect

05/20/08 -

Grandsons Stated Cause Of Action That Grandmother Intended Step-Grandfather To Hold Property In Trust For Grandsons

05/20/08 -

Inadequate Notice Of Default Hearing Provides Good Cause To Set Aside Default Judgment

05/20/08 -

Failure To Specify Threat Of Harm Does Not Constitute Stalking

05/20/08 -

Agreement Prohibiting Disclosure Not Required For Uniform Trade Secrets Act Misappropriation Claim

05/20/08 -

Pro-Se Defendant Entitled To Amend Improper General Denial At Default Hearing

05/20/08 -

Apprentices’ Wage Rate Determined By State’s Annual Wage Order, Not US Labor Department’s Apprentice Program Specified Rate

05/16/08 -

Corporate Bylaw Restricting Shareholder's Eligibility To Own Shares And Forcing Transfer When Restriction No Longer Met Is Valid Under Kansas Law

05/13/08 -

Snow Removal Contractor Did Not Assume A Duty To Pedestrian Either By Contract Or Conduct

04/29/08 -

Swanson Midgley Adopts “Green Policies”

03/17/08 -

Construction Site Accidents - Building Your Case - The Bricks and Mortar of OSHA, Workers' Comp and Determining Liability Seminar

03/14/08 -

Kansas - Buyer Beware Even When Seller Allegedly Makes Affirmative Misrepresentations

02/26/08 -

Contractor Owed Duty To Soldier Electrocuted By Abandoned Latrine Even Though Army Postponed Contract's Scheduled Demolition Date

02/08/08 -

Employee's Two Fraudulent Medical Treatment Mileage Reimbursement Requests Basis To Deny Work Comp Recovery For Disability

02/01/08 -

Attorney John Miller Guest on Television Show

01/30/08 -

Cross Examination On Issue Relevant To Issues Already In The Case Does Not Show Trial Of An Unpled Issue By Implied Consent

01/29/08 -

Judgment Creditor Who Successfully Appeals The Adequacy Of A Judgment Rendered In Its Favor Is Entitled To Post-Judgment Interest Pending Disposition Of The Appeal

01/29/08 -

Failure To Attempt Service On Defunct Canadian Sub-Contractor Within Statutory Six Month Period Results In Dismissal Of Mechanic's Lien - Supplier Must Affirmatively Plead Non-Payment By Owner For Unjust Enrichment

01/28/08 -

Credit Card Company That Failed To Provide Evidence Other Than Arguments Of Counsel At Summary Hearing To Determine Existence Of Agreement To Arbitrate Cannot Compel Arbitration With Consumer

01/22/08 -

Annexation Review Hearing Before The Boundary Commission Of St. Louis County Is Non-Contested Case

01/10/08 -

Daughters Not Required To File Claims In Father's Estate Against Brother On Account Of Brother And His Wife's Pre-Death Transfer To Selves And Their Children Of Father's Assets But May Bring Independent Action Against Brother And His Wife

01/08/08 -

Corporate Dissolution Is Not Compulsory Counterclaim In Fiduciary Duty Lawsuit, Corporation Is Not Indispensable Party To Corporate Dissolution Action and Brothers' Combined Shares Treated As Single Shareholder For Dissolution

01/08/08 -

Employee Is Not Required To Actually Use FMLA Time In Order To State MHRA Action If Evidence Shows Wife's Illness Was Contributing Factor In Employee's Termination

01/08/08 -

Summary Judgment Plaintiff Must Affirmatively Negate One Or More Elements Of All Defendant's Affirmative Defenses In The Initial Summary Judgment Motion, Not In Plaintiff's Reply

01/08/08 -

Appellant Preserves Nothing By Merely Alleging Verdict Is Against The Weight Of The Evidence. Evidence Of Threatening Witnesses, Fabricating Expert Report, And Other Conduct Supports Punitive Damage Award of $4,000,000

01/07/08 -

Reasonable Assurance Chain Of Custody Required To Admit Drug Test In Workers Compensation Hearing And Appeal To The Commission Requires Opportunity To Be Heard At A Meaningful Time and In A Meaningful Manner

01/07/08 -

Without History To Show A Work Schedule Other Than 40 Hours A Week, Workers Compensation Wage Rate For Employee Injured On 2nd Day On Job Under An Hourly Rate Agreement Is Calculated Using The Agreed Hourly Rate Times 40

01/07/08 -

Unincorporated Association Must Be Sued By A Class Action, In Which Some Members Are Designated To Represent All Members Of The Association Or By Naming The Elected Members Of Its Board Of Directors As Representative Party Defendants

01/02/08 -

Federal Court May Decline Or Postpone To Exercise Jurisdiction Without Colorado River Exceptional Circumstances, But Must Stay The Action If Potential Non-Parallel Proceedings Or Statute of Limitations Issues Exist

01/02/08 -

Missouri Court Has Subject Matter Jurisdiction Over Breach Of Insurance Contract Claim After Out Of State Insured Moves To Missouri Before Filing Suit

01/02/08 -

Contract For Construction Work On Property Cannot Be Enforced Against Property Owner Absent Evidence Of Property Owner's Conduct Consenting To The Work And RSMO 431.180 Attorneys Fees May Be Awarded On Appeal

01/02/08 -

Parent Who Leaves 4 Year Old Unattended Child In Idling Car Is Liable To Injured Passenger Of Struck Car For Negligent Supervision After Child Shifts Car Into Gear Causing It To Roll Into Other Vehicle

01/02/08 -

Missouri Highways And Transportation Commission Is Not Liable For Death Of Passenger Of Car Killed By Debris Thrown From Overpass By 15 Year Old Who Subsequently Pleaded Guilty To Involuntary Manslaughter

01/02/08 -

Third-Party Creditors In Dissolution Action May Appeal From Denial Of Motion To Intervene In Dissolution Action, But Lack Standing To Appeal From the Judgment of Dissolution Absent Order Granting Intervention

01/01/08 -

Attorney Edward Dolson Adjunct Professor at UMKC

12/27/07 -

Missouri Bar Publishes James Freeman's Co-Authored Chapter on Contract Formation

12/26/07 -

Expert Testimony On Industry Standards And Codes Is Not Improper Expert Contract Interpretation Testimony And Evidence of Witness' Termination For Sexual Harassment Was Proper Impeachment

12/26/07 -

Lender Cannot Recover Fire Insurance Proceeds From Pre-Foreclosure Fire After Lender Purchased Property At Sale For The Full Amount Of The Remaining Debt

12/26/07 -

Accidents Or Negligence, Without A Showing Of Willful Intent, Cannot Rise To The Level Of Misconduct Sufficient To Deny An Employee Of Unemployment Benefits

12/26/07 -

Registration Of A Foreign Judgment More Than Ten Years Old Does Not Revive The Presumptively Satisfied Foreign Judgment

11/20/07 -

Even Though Agency Hearing Officer Engaged in Unlawful Practice of Law, Cleaning Company's Workers Met Ten of the Twenty Common Law of Agency Right to Control Test Factors and Were Properly Classified as Employees

11/16/07 -

Congratulations Ed Dolson - 7 years as Franchise Attorney of the Year

11/16/07 -

Dolson and Miller selected as Super Lawyers

11/15/07 -

Kelly Dean Brende To Speak At Probate Practice: The Essential Basics Seminar On November 15, 2007

11/07/07 -

Christopher Barhorst to Speak at Landlord-Tenant Law in Missouri Seminar on November 7, 2007

10/19/07 -

To Avoid Duty To Defend Under Insurance Policy, Insurance Company Must Prove There Is No Possibility Of Coverage

10/18/07 -

Court Must Determine If Parties Before It Have Standing Before Ruling On Merits

10/16/07 -

Failure To Request Specific Findings Of Fact Means Court Of Appeals Is To Treat All Fact Issues As Having Been Found In Accordance With The Result

10/16/07 -

Challenge To Venue Must Be By Extraordinary Writ Or After Final Judgment

10/16/07 -

Missouri Public Records Sunshine Request Must Be Directed To The Custodian Of Records

10/16/07 -

“Fantasy Baseball” Company Has First Amendment Right To Use Players’ Names and Statistics.

10/05/07 -

Congratulations to Joy Freeland

10/01/07 -

The Whistleblower Exception to Missouri’s At-Will Employment Doctrine

09/11/07 -

Non Profit Corporation May Not Transfer Membership Interest

09/11/07 -

Court May Not Award Damages Under 42 U.S.C. 1981 Except On Proof Of Race-Based Discrimination - Even If Judgment Is By Default

07/31/07 -

James Freeman to Moderate July 31 Construction Insurance, Bonding and Liens in Missouri Seminar

07/31/07 -

Missouri Supreme Court Transfers Court of Appeals’ Decision Finding Deceased Smoker’s Family Has Separate Wrongful Death Cause of Action Against Tobacco Company Even Though Smoker Unsuccessfully Filed Similar Lawsuit While Alive

07/20/07 -

Kansas Adopts Fairness in Public Construction Contracts Act

07/20/07 -

Kansas Changes Default Means of Delivery of Corporate Unanimous Consents

07/20/07 -

Kansas Repeals The UCC Statute of Frauds Limit for Personal Property, Defines "Good Faith" and "Course of Dealing"

07/20/07 -

Kansas Adopts UCC Article 7 "Documents of Title" Which Authorizes Electronic Title Transfers

07/20/07 -

Kansas Trustee May Be Able to Retroactively Pay Himself For 12 Years of Trustee Service And Then Resign as Trustee After Dispute With Primary Beneficiary

05/09/07 -

Failure To Respond To Petition On Basis That Party Lacked Financial Resources Is Not Good Cause To Set Aside Default Judgment

05/08/07 -

Holder Of Preemptive Right To Purchase Does Not Waive Right To Purchase By Stating No Interest In Becoming Part of Bidding War With Third Party Purchaser

05/04/07 -

Service Of A Kansas Mechanic’s Lien Via Certified Mail – Restricted Delivery Is Ineffective Service Absent Proof Of Actual Receipt And Prejudgment Interest Accrues On A Mechanic’s Lien Against The Owner Even If The Owner Disputes The Amount Of Lien

05/01/07 -

Decedent’s “I’ll Make It Good With You Some Day,” Statements Were Insufficient Basis To Award Her Closest Friend Compensation for Services Rendered Over 17 Years As The Evidence Unequivocally Established The Services Were Gratuitously Performed.

05/01/07 -

Bank Found Liable For Fraud and Possible Missouri Unlawful Merchandising Practices Act Violations For Failing To Disclose An EPA Investigation To Buyer, Even Though Real Estate Contract Attempted To Disclaim Such Liabilities

04/27/07 -

Without Notice of Termination, a Written Farm Lease Continues as an Annual Lease on a Year to Year Basis on the Same Terms.

04/27/07 -

Standard or Union Mortgage Clause Creates A Separate Contract Between the Insurer and the Mortgagee, Even If the Insured's Claim May Be Denied Because of Insured's Acts or Non-Compliance With The Policy Terms.

04/27/07 -

Collection Actions Seeking Recovery For Unpaid Credit Card Charges Must Be Brought Within Five Years of The Last Payment Made on the Account

04/24/07 -

Eastern District transfers important Chapter 353 Redevelopment Condemnation ruling to Missouri Supreme Court.

04/17/07 -

30,000 Miles And 16 Months Is Too Many Miles And Months To Repudiate A Fraudulent And Void Car Transfer

04/17/07 -

Any Person Whose Interest Appears On The Face Of Publicly Recorded Real Estate Records Must Be Given Statutory Notice Of Right To Redeem In Order To Transfer Title After Delinquent Tax Sale

03/31/07 -

Missouri Court Rules That Missouri Prevailing Wage Act Penalties Include Unpaid Fringe Benefits And That Each Individual Unpaid Wage Claimant Must Be Timely Made A Party

03/23/07 -

Contractor’s Mechanic’s Lien Against Local Government’s Fee Simple Interest in Real Property Is Fraudulent

03/16/07 -

A Seller Can Incur Responsibility To Disclose Material Facts When the Seller Has Knowledge Of A Defect In The Property Which Is Not Within Fair And Reasonable Reach Of Buyer And Which Buyer Could Not Discover Through Exercise Of Reasonable Diligence

03/02/07 -

Absent Compelling Equitable Considerations An Oral Agreement For The Sale Of Real Estate Is Unenforceable Under The Statute Of Frauds

02/23/07 -

Kansas Statute of Limitations For Consumer Protection Act Violations Is Limited To Three (3) Years, Even If Discovery of Claim Is After Period Expires.

02/20/07 -

Firing Female Employee for Briefly Showing Her Brassiere, Without Firing Male Co-Workers Who Encouraged the Display Found To Be Discriminatory.

02/02/07 -

Kansas Supreme Court rules that ERISA violation claims covered by three (3) year Statute of Limitations

02/02/07 -

Payroll Tax Funds not segregated in separate trust account, found to be subject to general creditor’s judgment garnishment.

01/25/07 -

Legal Assistant Joy Freeland meets President George W. Bush

01/20/07 -

Former Missouri Chief Justice Charles B. Blackmar Dies After Brief Illness

01/01/07 -

Attorney Edward Dolson Recognized As Top Franchise Lawyer

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