17 Missouri opinions name it 2 courts 1972–2024 1 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.
| Case | Followed | Cited |
|---|---|---|
Callahan v. Cardinal Glennon Hospitalgreen2 sentences2017Courts sometimes discuss the substantial factor test to establish actual causation, while it is other times used for determining “proximate cause.” See Callahan, 863 S.W.2d at 860-63 (discussing “substantial factor” analysis within the context of “but for” causation); Cf. Loyd v. Ozark Elec. 2012Id. | 1 | 2 |
Ake v. Oklahomagreen2 sentences2010Ake, 470 U.S. at 82-83 , 105 S.Ct. 1087 (“When the defendant is able to make an ex parte threshold showing to the trial court that his sanity is likely to be a significant factor in his defense, the need for the assistance of a psychiatrist is readily apparent”). 2010Ake, 470 U.S. at 82-83 , 105 S.Ct. 1087 (“When the defendant is able to make an ex parte threshold showing to the trial court that his sanity is likely to be a significant factor in his defense, the need for the assistance of a psychiatrist is readily apparent”). | 1 | 2 |
Loyd v. Ozark Electric Cooperative, Inc.green1 sentence2017Co-op., Inc., 4 S.W.3d 579, 587 (Mo. App. S.D. 1999) overruled by Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 225 (Mo. banc 2003) (“When two forces are actively operating, and each is sufficient by itself to bring about injury or death, the acts of one may be held to be a substantial factor and thus the proximate cause of the injury or death.”). | 1 | 1 |
Hampton v. Big Boy Steel Erectiongreen1 sentence2017Co-op., Inc., 4 S.W.3d 579, 587 (Mo. App. S.D. 1999) overruled by Hampton v. Big Boy Steel Erection, 121 S.W.3d 220, 225 (Mo. banc 2003) (“When two forces are actively operating, and each is sufficient by itself to bring about injury or death, the acts of one may be held to be a substantial factor and thus the proximate cause of the injury or death.”). | 1 | 1 |
Elery v. Commonwealthgreen1 sentence2013Indeed, Defendant’s entire argument on this issue is confined to the following single paragraph: When the Kentucky Supreme Court examined one of its statutes concerning PBT, which made such results "inadmissible in court,” that court noted that the statute was "designed to limit the Commonwealth's proof in DUI cases, so as to require proof by the best tests results, not to limit a defendant's proof in any criminal case in which alcohol may be a factor in his defense.” Elery v. Commonwealth, 368 S.W.3d 78, 94 (Ky.2012). | 1 | 1 |
Miller v. Wefelmeyergreen1 sentence1998See Quilty, 890 S.W.2d at 362 n. 1. | 1 | 1 |
United States v. Albert John Penagreen1 sentence1996See United States v. Pena, 527 F.2d 1356 (5th Cir.1976), cert. denied 426 U.S. 949 , 96 S.Ct. 3168 , 49 L.Ed.2d 1185 (1976). | 1 | 1 |
Meyer v. United Statesgreen1 sentence1996See United States v. Pena, 527 F.2d 1356 (5th Cir.1976), cert. denied 426 U.S. 949 , 96 S.Ct. 3168 , 49 L.Ed.2d 1185 (1976). | 1 | 1 |
Pena v. United Statesgreen1 sentence1996See United States v. Pena, 527 F.2d 1356 (5th Cir.1976), cert. denied 426 U.S. 949 , 96 S.Ct. 3168 , 49 L.Ed.2d 1185 (1976). | 1 | 1 |
Ward v. Currygreen1 sentence1990“The word ‘employee’ may and frequently does have many different meanings in the multitude of varying connections in which it is used.” Ward v. Curry, 341 S.W.2d 830, 835-836 (Mo.1960). | 1 | 1 |
Giles v. Moundridge Milling Co.green2 sentences1988In the operation of this principle, “‘substantial’ [denotes] the fact that the defendant’s conduct has such an effect in producing the harm as to lead reasonable men to regard it as a cause.” Giles v. Moundridge Milling Co., 351 Mo. 568 , 173 S.W.2d 745, 750 [6-8] (1943); Restatement (Second) of Torts § 431, comment a (1965). 1988It comports well with the substantial factor rule of causation our law applies to such cases [Giles v. Moundridge Milling Co., 173 S.W.2d at 750 [6-8]; Restatement (Second) of Torts § 431] to accept the relevancy of "many types of evidence — animal and in vitro experiments, epidemiological data, analogous medical cases — with fact-finders free to decide which of the many inferences urged on them are reasonable." Id. | 1 | 1 |
Chism v. White Oak Feed Co., Inc.green1 sentence1988Giles v. Moundridge Milling Co., 173 S.W.2d at 750 ; Chism v. White Oak Feed Company, Inc., 612 S.W.2d 873, 881 (Mo.App.1981). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Jackson Ex Rel. Jackson v. Ray Kruse Construction Co.
green
2 sentences1988“A cause which meets the substantial factor test is a cause in fact.” Id. 1988“A cause which meets the substantial factor test is a cause in fact.” Id. | 3 | 1986–1988 |
Countryside Casualty Co. v. McCormick
green
1 sentence2024Countryside, 722 S.W.2d at 658-59 . | 1 | 2024–2024 |
Hargis v. JLB Corp.
green
2 sentences2017“A key factor in this inquiry is the legal judgment or discretion required to prepare the form.” Id. 2017“However, once it has been determined that .a particular document is legal in nature, the act of charging a fee for the preparation or completion of that document constitutes unauthorized law business, even when a non-lawyer does not exercise any legal judgment in completing the form.” Id. (emphasis added). | 1 | 2017–2017 |
State v. Morgenroth
green
1 sentence2013This Court should interpret the statute in a similar manner — while the State cannot use the PBT in order to prove that Appellant was intoxicated, Morgenroth, supra, the defense can use such PBT results when the results are "exculpatory,” § 577.021.3 ("favorable,” Phillips, 940 S.W.2d at 516). . | 1 | 2013–2013 |
Caldwell v. Mississippi
green
2 sentences2010In Caldwell v. Mississippi, 472 U.S. 320 , 323 n. 1, 105 S.Ct. 2633 , 86 L.Ed.2d 231 (1985), the Supreme Court made clear that this requirement specifically is applicable to requests for investigators. 2010In Caldwell v. Mississippi, 472 U.S. 320 , 323 n. 1, 105 S.Ct. 2633 , 86 L.Ed.2d 231 (1985), the Supreme Court made clear that this requirement specifically is applicable to requests for investigators. | 1 | 2010–2010 |
Wollen v. DePaul Health Center
green
1 sentence1993We attempted to clarify in Wollen v. DePaul Health Center, 828 S.W.2d 681 (Mo. banc 1992), that the “but for” test continues to apply to the vast majority of cases in Missouri. | 1 | 1993–1993 |
Fairmont Foods Co. v. Skelly Oil Co.
green
1 sentence1992E.g., Fairmont Foods, 616 S.W.2d at 550 . | 1 | 1992–1992 |
Osterberger v. Hites Construction Co.
green
1 sentence1992It is true that public record of an undisclosed fact may not necessarily negate a party’s duty to disclose, e.g., Osterberger v. Hites, 599 S.W.2d 221, 228-229 ; however, reasonable availability of the fact to the party claiming fraudulent disclosure still remains a factor in the analysis. | 1 | 1992–1992 |
Lydia Basko v. Sterling Drug, Inc., and Winthrop Laboratories
green
1 sentence1988Allen v. United States, 588 F.Supp. at 418 ; Basco v. Sterling Drug Co., 416 F.2d 417 (2d Cir.1969); Gold, 96 Yale L.J. 391 ; Harris, 40 Sw.LJ. 911; M. | 1 | 1988–1988 |
Allen v. United States
green
1 sentence1988Allen v. United States, 588 F.Supp. at 418 ; Basco v. Sterling Drug Co., 416 F.2d 417 (2d Cir.1969); Gold, 96 Yale L.J. 391 ; Harris, 40 Sw.LJ. 911; M. | 1 | 1988–1988 |
Ruetz v. Topping
green
1 sentence1972We are of the opinion, and hold, that considering this factor and the factors discussed in Ruetz v. Topping, supra, defendants have sustained their burden of showing that the compensation paid to Norman Rosenblum was reasonable. | 1 | 1972–1972 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.