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11 Missouri opinions name it 2 courts 1948–2025 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 |
|---|---|---|
Marvin Tipton v. Mill Creek Gravel, Inc. Ed Kelley Dixie Kelleygreen1 sentence2025Lost profits may, nevertheless, be recovered only when “they are made reasonably certain by proof of actual facts, with present data for a rational estimate of their amount[.]” Coonis, 429 S.W.2d at 714 ; see, e.g., Tipton, 373 F.3d at 921 (holding that “in light of the difficult standard for proving lost profits under Missouri law, the evidence was insufficient for a reasonable jury to find that Mill Creek – a corporation that was $700,000 in debt, had sold almost none of its product, and had a product that many purchasers were not interested in buying – was ‘reasonably certain’ to make a pro | 1 | 1 |
State v. Hillgreen1 sentence2005In some ways, Petersen’s approach could be considered an even more difficult standard to meet than that in Missouri criminal cases involving issuance of a warrant, for in the latter cases, "only the probability, and not a prima facie showing, of criminal activity is the standard of probable cause.” State v. Hill, 854 S.W.2d 814, 819 (Mo.App.E.D.1993). | 1 | 1 |
Proctor v. Stevens Employment Services, Inc.green1 sentence1986Legal malice is the more difficult standard to prove since it “requires proof of a defendant’s mental state whereas malice in law rests upon a legal presumption independent of any proof concerning a defendant’s mental state.” Proctor , at 687. | 1 | 1 |
State v. Rashgreen2 sentences1978Fully aware of the difficult challenge presented when called upon to resolve whether self-defense is established as a matter of law or is a question of fact for the jury, the court in State v. Thornton, supra, at pp. 42-43, leaned heavily upon State v. Rash, 359 Mo. 215 , 221 S.W.2d 124, 124 (1949), and State v. Jackson, 522 S.W.2d 317, 319 (Mo.App.1975). 1978Fully aware of the difficult challenge presented when called upon to resolve whether self-defense is established as a matter of law or is a question of fact for the jury, the court in State v. Thornton, supra, at pp. 42-43, leaned heavily upon State v. Rash, 359 Mo. 215 , 221 S.W.2d 124, 124 (1949), and State v. Jackson, 522 S.W.2d 317, 319 (Mo.App.1975). | 1 | 1 |
State v. Thorntongreen1 sentence1978Fully aware of the difficult challenge presented when called upon to resolve whether self-defense is established as a matter of law or is a question of fact for the jury, the court in State v. Thornton, supra, at pp. 42-43, leaned heavily upon State v. Rash, 359 Mo. 215 , 221 S.W.2d 124, 124 (1949), and State v. Jackson, 522 S.W.2d 317, 319 (Mo.App.1975). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Salerno
green
2 sentences2009“A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” United States v. Salerno, 481 U.S. 739, 745 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987). 2009“A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” United States v. Salerno, 481 U.S. 739, 745 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987). | 2 | 1995–2009 |
United States v. Allied Oil Corp.
green
2 sentences2009“A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid.” United States v. Salerno, 481 U.S. 739, 745 , 107 S.Ct. 2095 , 95 L.Ed.2d 697 (1987). 1995As was stated in U.S. v. Salerno, 481 U.S. 739, 745 , 107 S.Ct. 2095, 2100 , 95 L.Ed.2d 697 (1987): A facial challenge to a legislative Act is, of course, the most difficult challenge to mount successfully, since the challenger must establish that no set of circumstances exists under which the Act would be valid. | 2 | 1995–2009 |
Coonis v. Rogers
green
1 sentence2025Lost profits may, nevertheless, be recovered only when “they are made reasonably certain by proof of actual facts, with present data for a rational estimate of their amount[.]” Coonis, 429 S.W.2d at 714 ; see, e.g., Tipton, 373 F.3d at 921 (holding that “in light of the difficult standard for proving lost profits under Missouri law, the evidence was insufficient for a reasonable jury to find that Mill Creek – a corporation that was $700,000 in debt, had sold almost none of its product, and had a product that many purchasers were not interested in buying – was ‘reasonably certain’ to make a pro | 1 | 2025–2025 |
State v. Powell
green
1 sentence2016“This is a difficult standard to meet because the courts have concluded that the impact of the prosecutor’s opening statement'diminishes after the parties introduce evidence and give their closing arguments.” Id. | 1 | 2016–2016 |
State v. Smallwood
green
1 sentence2009Smallwood, 230 S.W.3d at 665 . | 1 | 2009–2009 |
Faustlin v. Mathis
green
2 sentences2008Id. 2008Id. | 1 | 2008–2008 |
Chapman v. Lavy
green
1 sentence2003“One asserting abandonment of a public road must carry the burden of showing such abandonment by clear and cogent proof.” Chapman, 20 S.W.3d at 613-14 . | 1 | 2003–2003 |
State v. Jackson
green
1 sentence1978Fully aware of the difficult challenge presented when called upon to resolve whether self-defense is established as a matter of law or is a question of fact for the jury, the court in State v. Thornton, supra, at pp. 42-43, leaned heavily upon State v. Rash, 359 Mo. 215 , 221 S.W.2d 124, 124 (1949), and State v. Jackson, 522 S.W.2d 317, 319 (Mo.App.1975). | 1 | 1978–1978 |
Spoeneman v. Uhri
green
1 sentence1948Plaintiff cites and relies on the case of Spoeneman v. Uhrin, 332 Mo. 821 . | 1 | 1948–1948 |
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.