individual claim (Missouri) · Go Syfert
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individual claim in Missouri

32 Missouri opinions name it 2 courts 1869–2025 4 in the last five years

The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
Crews v. Crewsgreen
moctapp · 1997 · cited in 2 Missouri opinions naming this issue, 2003–2017
2 sentences

2017Landewee, 515 S.W.3d at 694 . “[T]he.trial court is permitted to attach any amount of weight it deems appropriate to the individual factors.” Crews v. Crews, 949 S.W.2d 659, 665 (Mo. App. W.D. 1997).

2003Moreover, “the trial court is permitted to attach any amount of weight it deems appropriate to the individual factors.” Crews v. Crews, 949 S.W.2d 659, 665 (Mo.App.1997).

22
In Re Donahogreen
mo · 2003 · cited in 2 Missouri opinions naming this issue, 2010–2024
2 sentences

2024Standard 7.1 provides that “[d]isbarment is generally appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed as a professional with the intent to obtain a benefit for the lawyer or another, and causes serious or potentially serious injury to a client, the public, or the legal system.” Under ABA Standard 7.2, “[s]uspension is generally appropriate when a lawyer knowingly engages in conduct that is a violation of a duty owed as a professional and causes injury or potential injury to a client, the public, or the legal system.” “Misconduct involving subterfuge .

2010Furthermore, “[misconduct involving subterfuge, failing to keep promises, and untrustworthiness undermine[s] public confidence in not only the individual but in the bar.” In re Donaho, 98 S.W.3d 871, 874 (Mo. banc 2003).

12
State v. SAVICKgreen
moctapp · 2011 · cited in 1 Missouri opinions naming this issue, 2024–2024
1 sentence

2024Savick, 347 S.W.3d at 152 (emphasis added).

11
United States v. William K. McGranegreen
ca8 · 1984 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010W.D.1995) (citing Rakas v. Illinois, 439 U.S. 128, 148-49 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978)). “[TJenants of multifamily dwellings have no legitimate expectation of privacy in common or shared areas.” U.S. v. Mendoza, 281 F.3d 712, 715 (8th Cir.2002); U.S. v. McGrane, 746 F.2d 632, 634 (8th Cir.1984) (holding that in a multifamily dwelling, where other residents had access to a basement storage locker, there was no legitimate expectation of privacy).

11
State v. Martingreen
moctapp · 1995 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010Forrest v. State, 290 S.W.3d 704, 717 (Mo. banc 2009). “[Before an individual can challenge a search and seizure, he or she must establish that he or she had a ‘legitimate expectation’ of privacy in the area searched or the items seized.” State v. Martin, 892 S.W.2d 348, 351 (Mo.App.

11
Forrest v. Stategreen
mo · 2009 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010Forrest v. State, 290 S.W.3d 704, 717 (Mo. banc 2009). “[Before an individual can challenge a search and seizure, he or she must establish that he or she had a ‘legitimate expectation’ of privacy in the area searched or the items seized.” State v. Martin, 892 S.W.2d 348, 351 (Mo.App.

11
United States v. James Ray Mendozagreen
ca8 · 2002 · cited in 1 Missouri opinions naming this issue, 2010–2010
1 sentence

2010W.D.1995) (citing Rakas v. Illinois, 439 U.S. 128, 148-49 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978)). “[TJenants of multifamily dwellings have no legitimate expectation of privacy in common or shared areas.” U.S. v. Mendoza, 281 F.3d 712, 715 (8th Cir.2002); U.S. v. McGrane, 746 F.2d 632, 634 (8th Cir.1984) (holding that in a multifamily dwelling, where other residents had access to a basement storage locker, there was no legitimate expectation of privacy).

11
Eyberg v. Shahgreen
moctapp · 1989 · cited in 1 Missouri opinions naming this issue, 1992–1992
2 sentences

1992In Eyberg v. Shah, 773 S.W.2d 887, 895 (Mo.App.1989), the court found that a determination of finality for the purpose of Rule 74.01(b) means “it must be ‘final’ in the sense that it is an ultimate disposition of an individual claim entered in the course of a multiple claims action.” Id.

1992In Eyberg v. Shah, 773 S.W.2d 887, 895 (Mo.App.1989), the court found that a determination of finality for the purpose of Rule 74.01(b) means “it must be ‘final’ in the sense that it is an ultimate disposition of an individual claim entered in the course of a multiple claims action.” Id.

11
Massie v. Barthgreen
moctapp · 1982 · cited in 1 Missouri opinions naming this issue, 1990–1990
1 sentence

1990An example of a special obligation was noted in Massie v. Barth, 634 S.W.2d 208, 211 (Mo.App.1982) where plaintiffs claimed a director and a trustee of a trust had a fiduciary obligation as director and a special fiduciary obligation as a trustee which created standing for plaintiffs to bring an individual claim.

11
Curtiss-Wright Corp. v. General Electric Co.green
scotus · 1980 · cited in 1 Missouri opinions naming this issue, 1989–1989
1 sentence

1989Curtiss-Wright, 100 S.Ct. at 1464 [1].

11
State v. Adellgreen
moctapp · 1986 · cited in 1 Missouri opinions naming this issue, 1988–1988
1 sentence

1988State v. Adell, 716 S.W.2d 469, 471 [3] (Mo.App. 1986).

11
State v. Edmonsongreen
mo · 1963 · cited in 1 Missouri opinions naming this issue, 1969–1969
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway.

Also cited on this issue (24)

CaseCitedYears
Kent v. Rogers neutral
mo · 1857
2 sentences

1901Skinker v. Smith, supra; Kent v. Rogers, 24 Mo. 306 ; Mortland v. Holton, 44 Mo. 58 .

1892Kent v. Rogers & Dillon, 24 Mo. 306 ; Mortland v. Halton, 44 Mo. 58 ; R.

31869–1901
In Re Disney green
mo · 1996
2 sentences

2019Misconduct involving subterfuge, failing to keep promises, and untrustworthiness undermine public confidence in not only the individual but in the bar." In re Disney , 922 S.W.2d 12 , 15 (Mo. banc 1996) (internal citation omitted).

2003“Misconduct involving subterfuge, failing to keep promises, and untrustworthiness undermine public confidence in not only the individual but in the bar.” Id.

22003–2019
Gieselmann v. Stegeman green
mo · 1969
2 sentences

2014Id. at 131 .

1990In Gieselmann v. Stegeman, 443 S.W.2d 127 (Mo.1969) the court considered a petition to appoint a receiver for the corporation and to void a stock transaction to a shareholder.

21990–2014
Rakas v. Illinois green
scotus · 1979
2 sentences

2010W.D.1995) (citing Rakas v. Illinois, 439 U.S. 128, 148-49 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978)). “[TJenants of multifamily dwellings have no legitimate expectation of privacy in common or shared areas.” U.S. v. Mendoza, 281 F.3d 712, 715 (8th Cir.2002); U.S. v. McGrane, 746 F.2d 632, 634 (8th Cir.1984) (holding that in a multifamily dwelling, where other residents had access to a basement storage locker, there was no legitimate expectation of privacy).

2010W.D.1995) (citing Rakas v. Illinois, 439 U.S. 128, 148-49 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978)). “[TJenants of multifamily dwellings have no legitimate expectation of privacy in common or shared areas.” U.S. v. Mendoza, 281 F.3d 712, 715 (8th Cir.2002); U.S. v. McGrane, 746 F.2d 632, 634 (8th Cir.1984) (holding that in a multifamily dwelling, where other residents had access to a basement storage locker, there was no legitimate expectation of privacy).

21995–2010
State v. Brown green
mo · 1960
2 sentences

1969“In determining whether an individual instruction is misleading and prejudicial all of the given instructions must be read and considered together and if they properly present the law of the case when thus considered that is all that is necessary.” State v. Edmonson, Mo.Sup., 371 S.W.2d 273, 276, 277 (8); State v. Brown, Mo.Sup., 332 S.W.2d 904, 910 .

1963State v. Brown, Mo.Sup., 332 S.W.2d 904, 910 .

21963–1969
Mortland v. Holton green
mo · 1869
2 sentences

1901Skinker v. Smith, supra; Kent v. Rogers, 24 Mo. 306 ; Mortland v. Holton, 44 Mo. 58 .

1892Kent v. Rogers & Dillon, 24 Mo. 306 ; Mortland v. Halton, 44 Mo. 58 ; R.

21892–1901
Ressler v. Clay County green
moctapp · 2012
2 sentences

2025The circuit court denied the motion for class certification in the concluding footnote of its judgment, which stated that “[a]ll motions in this case pending before the Court at the time of this judgment and not expressly addressed herein are now denied.” In its brief as respondent, the Division cites to Ressler v. Clay County, 375 S.W.3d 132 (Mo. App. W.D. 2012), which held that Missouri’s rules of civil procedure “allow courts, in appropriate cases, to address the merits of an individual claim before addressing the issue of [class] certification.” Id. at 139 . 36 The Jones plaintiffs offered

2025The circuit court denied the motion for class certification in the concluding footnote of its judgment, which stated that “[a]ll motions in this case pending before the Court at the time of this judgment and not expressly addressed herein are now denied.” In its brief as respondent, the Division cites to Ressler v. Clay County, 375 S.W.3d 132 (Mo. App. W.D. 2012), which held that Missouri’s rules of civil procedure “allow courts, in appropriate cases, to address the merits of an individual claim before addressing the issue of [class] certification.” Id. at 139 . 36 The Jones plaintiffs offered

12025–2025
State ex rel. Chang v. Ely green
moctapp · 2000
1 sentence

2021We concluded that the Changs “clearly enjoy[ed] the individual immunity provided by the Workers’ Compensation Act.” Id.

12021–2021
Adkins v. Commonwealth green
ky · 2003
1 sentence

2018The Commonwealth points to Adkins v. Commonwealth, 96 S.W.3d 779 , 788 (Ky. 2003), where this Court cited nervousness as an appropriate factor in the reasonable suspicion analysis.

12018–2018
Landewee v. Landewee green
mo · 2017
1 sentence

2017Landewee, 515 S.W.3d at 694 . “[T]he.trial court is permitted to attach any amount of weight it deems appropriate to the individual factors.” Crews v. Crews, 949 S.W.2d 659, 665 (Mo. App. W.D. 1997).

12017–2017
Meyer Ex Rel. Coplin v. Fluor Corp. green
mo · 2007
2 sentences

2015Under this theory of liability, the individual factors identified by the circuit court are not particularly relevant because the need for monitoring is based on a common threshold of exposure.” Id.

2015Each of the individual factors identified by the circuit court is “not [relevant to] a medical monitoring claim for which *420 there is no necessity of establishing a present physical injury.” Id. at 719 .

12015–2015
Mickens v. Taylor green
scotus · 2002
1 sentence

2015Id.

12015–2015
State v. Werner green
mo · 2000
1 sentence

2008The Wemer/Grijfin Factors Both defendant and the state have briefed the “in custody” question by examining and weighing the individual factors identified in Werner, 9 S.W.3d at 595 , to *45 analyze whether defendant was “in custody.” This is the approach that has been routinely used by the courts of appeals in Missouri.

12008–2008
Koehr v. Emmons green
moctapp · 2001
1 sentence

2002Except for this individual claim for 1997 taxes paid under protest, Koehr determined that none of the class action claims were timely filed. 55 S.W.3d at 864 .

12002–2002
Concepts Communication Managementt Corp. v. Newhard Cook & Co. green
moctapp · 1992
1 sentence

1997An order denying a motion to dismiss for lack of jurisdiction is not an ultimate disposition of an individual claim rendering it a final judgment, Boillot, 861 S.W.2d at 154 ; Concepts, 829 S.W.2d at 555 .

11997–1997
Boillot v. Conyer green
moctapp · 1993
1 sentence

1997An order denying a motion to dismiss for lack of jurisdiction is not an ultimate disposition of an individual claim rendering it a final judgment, Boillot, 861 S.W.2d at 154 ; Concepts, 829 S.W.2d at 555 .

11997–1997
Wright v. Wright green
moctapp · 1990
1 sentence

1997Wright, 788 S.W.2d at 354 .

11997–1997
Goodman v. Lukens Steel Co. red
scotus · 1987
2 sentences

1997Goodman, 482 U.S. at 666-68 , 107 S.Ct. at 2624 .

1997Goodman, 482 U.S. at 666-68 , 107 S.Ct. at 2624 .

11997–1997
Eugene Alper Construction Co. v. Joe Garavelli's of West Port, Inc. green
moctapp · 1983
1 sentence

1985For example, in Eugene Alper Construction Co., Inc., v. Joe Garavelli's of Westport, Inc., supra, a concluded action against an individual was not a bar to a second action against the same person as a director and shareholder of a corporation.

11985–1985
Security National Bank Savings & Trust Co. v. Moberly green
· 1936
11937–1937
State ex rel. Town of Kirkwood v. County Court green
· 1898
11914–1914
State ex rel. Crow v. City of St. Louis green
· 1903
11914–1914
Skinker v. Smith neutral
moctapp · 1892
11901–1901
Austin v. Feland neutral
mo · 1843
11869–1869

Where else courts name it

CA 206 (1896–2026) IL 94 (1903–2026) NY 82 (1889–2026) OH 80 (1982–2025) NJ 70 (1910–2026) TX 68 (1919–2025) NC 56 (1874–2026) MS 56 (1974–2025) PA 47 (1909–2026) CO 45 (1978–2026) OR 38 (1938–2022) MD 37 (1980–2026) MI 37 (1918–2026) AZ 35 (1974–2025) FL 34 (1933–2026) MO 32 (1869–2025) VA 30 (1925–2025) NM 28 (1990–2022) WA 28 (1895–2023) IN 28 (1934–2020) ID 27 (1925–2023) WI 26 (1866–2026) GA 24 (1905–2026) KS 23 (1914–2026) IA 22 (1923–2025) AL 21 (1927–2017) MA 21 (1908–2025) CT 19 (1931–2022) UT 18 (1918–2024) TN 15 (1946–2026) ND 15 (2001–2019) SC 14 (1970–2026) OK 12 (1897–2017) LA 11 (1939–2018) ME 10 (1981–2020) AK 10 (1977–2024) DE 9 (1986–2022) WY 9 (1923–2019) HI 9 (1960–2020) MN 7 (1972–2016) KY 7 (1944–2020) DC 7 (1972–2007) MT 6 (1988–2010) WV 5 (1938–2017) NV 5 (1955–2019) VT 5 (1914–2025) AR 4 (1993–2010) SD 4 (1982–2006) NE 3 (1933–2022) NH 2 (2016–2020) RI 2 (2006–2022) PR 2 (1945–1961)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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