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

9 Missouri opinions name it 2 courts 1996–2019 0 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 (5)

CaseFollowedCited
John P. Strake v. Robinwood West Community Improvement Districtgreen
mo · 2015 · cited in 1 Missouri opinions naming this issue, 2016–2016
2 sentences

2016Again, Insurer offers no explanation as to why it failed to respond to Allen’s motion to strike, which could have given the garnishment court an opportunity to rule upon the merits of Insurer’s motion, provided it was a party to the underlying tort judgment. 14 Cmty. Improvement Dist., 473 S.W.3d 642, 644 (Mo. banc 2015).

2016Again, Insurer offers no explanation as to why it failed to respond to Allen’s motion to strike, which could have given the garnishment court an opportunity to rule upon the merits of Insurer’s motion, provided it was a party to the underlying tort judgment. 14 Cmty. Improvement Dist., 473 S.W.3d 642, 644 (Mo. banc 2015).

11
Rinehart v. Andersongreen
moctapp · 1998 · cited in 1 Missouri opinions naming this issue, 2016–2016
2 sentences

2016As Schmitz explained, “[The insurer] cannot have its cake and eat it too by both refusing coverage and at the same time continuing to control the terms of settlement in defense of an action it had refused to defend.” Id. (quoting Rinehart v. Anderson, 985 S.W.2d 363, 371 (Mo. App. W.D. 1998)).

2016As Schmitz explained, “[The insurer] cannot have its cake and eat it too by both refusing coverage and at the same time continuing to control the terms of settlement in defense of an action it had refused to defend.” Id. (quoting Rinehart v. Anderson, 985 S.W.2d 363, 371 (Mo. App. W.D. 1998)).

11
Deanna Copeland v. Lucas Wicksgreen
mo · 2015 · cited in 1 Missouri opinions naming this issue, 2016–2016
1 sentence

2016“The movant bears the burden of establishing a legal right to judgment and the absence of any genuine issue as to any material fact required to support the claimed right to judgment.” Copeland v. Wicks, 468 S.W.3d 886, 889 (Mo. banc 2015).

11
Assurance Co. of America v. Secura Insurance Co.green
moctapp · 2012 · cited in 1 Missouri opinions naming this issue, 2015–2015
1 sentence

2015Co., 384 S.W.3d 224, 233 (Mo. App. E.D. 2012) (“Where the insurer had the opportunity to defend the insured but wrongfully refused to do so, the insurer is precluded from relitigating any facts that actually were determined in the underlying case and were necessary to the judgment.” (internal quotation omitted)).

11
State v. Simontongreen
moctapp · 2001 · cited in 1 Missouri opinions naming this issue, 2002–2002
2 sentences

2002State v. Simonton, 49 S.W.3d 766, 781 (Mo.App.2001). *230 The evidence established that Officer David Nathan stopped a car driven by Allen to investigate a violation of a speed limit.

2002State v. Simonton, 49 S.W.3d 766, 781 (Mo.App.2001).

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 (9)

CaseCitedYears
Landmark Bank of Ladue v. General Grocer Co. green
moctapp · 1984
1 sentence

2019Our Supreme Court factually distinguished the case relied on by Atain, Landmark Bank of Ladue v. General Grocer Co., 680 S.W.2d 949 (Mo. App. 1984), as an attempt by the garnishor in a traditional garnishment action to bring separate and independent actions against the garnishee for damages not owed by the judgment debtor.

12019–2019
Franklin Allen v. Wayne Bryers, Atain Specialty Insurance Company green
mo · 2016
1 sentence

2019“Traditional garnishment and an equitable action filed pursuant to section 379.200 are not mutually exclusive remedies.” Allen, 512 S.W.3d at 30 n.8.

12019–2019
Schmitz v. Great American Assurance Co. green
mo · 2011
1 sentence

2016As Schmitz explained, “[The insurer] cannot have its cake and eat it too by both refusing coverage and at the same time continuing to control the terms of settlement in defense of an action it had refused to defend.” Id. (quoting Rinehart v. Anderson, 985 S.W.2d 363, 371 (Mo. App. W.D. 1998)).

12016–2016
State v. Johnson green
mo · 2006
1 sentence

2008Because the probative value of the drug evidence was slight and was outweighed by its prejudicial effect, see id., the trial court’s admission of the drug evidence over Mr. Allen’s objection was erroneous and an abuse of discretion.

12008–2008
Alexander v. State green
mo · 1988
1 sentence

2004Respondent relies on Alexander v. State, 756 S.W.2d 539 (Mo. banc 1988).

12004–2004
Lestourgeon v. State green
moctapp · 1992
1 sentence

1999The State asks us to ignore these cases, and to instead affirm the dismissal of Mr. Allen’s motion based on Lestourgeon v. State, 837 S.W.2d 588 (Mo.App.1992), which it says provides the guiding principles for this case.

11999–1999
Citizens Bank of Shelbyville v. Industrial Commission green
moctapp · 1968
2 sentences

1997In Bank of Shelbyville, 428 S.W.2d at 899 , the opinion contains a compendium of out-of-state cases revolving around workplace conditions and what constitutes good cause, and holds that a person who quit when her supervisor failed to speak to her, or would “snap her off’ was “not enough,” to constitute “external pressure so compelling that a reasonably prudent person would be justified in giving up employment.” Id. 900-01 .

1997In Bank of Shelbyville, 428 S.W.2d at 899 , the opinion contains a compendium of out-of-state cases revolving around workplace conditions and what constitutes good cause, and holds that a person who quit when her supervisor failed to speak to her, or would “snap her off’ was “not enough,” to constitute “external pressure so compelling that a reasonably prudent person would be justified in giving up employment.” Id. 900-01 .

11997–1997
Allen v. Green Ridge R-VIII School Dist. green
moctapp · 1994
2 sentences

1997This court held Allen’s objection to the extra travel time, “without further explanation as to why this imposes a hardship, does not represent a ‘compelling’ external pressure.” Id. at 638 .

1997This court held Allen's objection to the extra travel time, "without further explanation as to why this imposes a hardship, does not represent a `compelling' external pressure." Id. at 638 .

11997–1997
Ernest Allen v. City of Kinloch green
ca8 · 1985
1 sentence

1996Id.

11996–1996

Statutes the citing opinions construe

MO § Mo. Rev. Stat. § 379.200 (3) MO § Mo. Rev. Stat. § 537.065 (3)

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.

Where else courts name it

TX 52 (1966–2024) WA 44 (1983–2026) UT 38 (1990–2026) CA 37 (1936–2025) KS 31 (1966–2026) GA 27 (1986–2024) CO 22 (1992–2025) FL 21 (1985–2025) IN 20 (1981–2020) TN 19 (2000–2025) MD 18 (1977–2021) OH 18 (1975–2025) NY 17 (1989–2022) PA 16 (1974–2022) NC 13 (2002–2022) AZ 13 (1996–2021) OK 12 (1983–2021) WI 12 (1975–2026) IL 10 (1966–2022) MO 9 (1996–2019) ID 9 (1987–2022) AL 9 (1958–2010) IA 9 (2001–2026) MI 8 (1970–2025) NV 8 (1980–2021) NE 8 (2006–2025) MT 8 (1998–2014) DE 8 (1974–2025) MS 8 (1992–2020) VA 7 (1981–2025) HI 7 (1982–2026) DC 7 (1985–2018) LA 6 (1983–2002) CT 5 (1993–2015) AR 3 (1995–2025) WY 3 (1971–2023) OR 3 (1990–2007) NH 3 (2002–2010) MA 3 (1979–2025) ME 2 (1990–2006) NJ 2 (1997–2007) KY 2 (1967–2007) WV 2 (1982–2010)

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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