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7 Missouri opinions name it 2 courts 1963–2023 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 |
|---|---|---|
Smith v. Brown & Williamson Tobacco Corp.green1 sentence2017In Meyer v. Purcell, this Court set out the standard for making a submissible case of punitive damages in a legal malpractice case, namely that the defendant's conduct "showed complete indifference to or a conscious disregard for [the plaintiff's] rights," which required proof that the defendant intentionally acted "either by a wanton, willful or outrageous act, or reckless disregard for an act's consequences (from which evil motive is inferred)." 405 S.W.3d 572 , 575-76 (Mo. App. E.D. 2013) ; see also Smith v. Brown & Williamson Tobacco Corporation, 410 S.W.3d 623 , 630-31 (Mo. banc 2013) (sa | 1 | 1 |
State v. Beckgreen1 sentence2006In State v. Beck, 167 S.W.3d 767, 781 (Mo.App.2005), this court set out the standard for statutory interpretation: Statutory interpretation is purely a question of law, which we determine de novo. | 1 | 1 |
Crane v. Centerre Bank of Columbiagreen1 sentence1998In the opinion in Crane v. Centerre Bank of Columbia, 691 S.W.2d 423, 425 (Mo.App.1985), this court set out the requirement which must be met by a plaintiff in establishing a constructive trust. | 1 | 1 |
Davis v. Research Medical Centergreen1 sentence1995The court set out the standard of review of an award made by the commission where the issue is a question of law in Davis v. Research Medical Center, 903 S.W.2d 557, 560 (Mo.App.W.D.1995). [A]wards of the commission “which are clearly the interpretation or application of the law, as distinguished from a determination of facts, are not binding upon us and fall within our province of review and correction. | 1 | 1 |
Merriman v. Ben Gutman Truck Service, Inc.green1 sentence1995And where the finding of ultimate fact is reached by the application of rules of law instead of by a process of natural reasoning from the facts alone, it is a conclusion of law and subject to our reversal.’ Merriman v. Ben Gutman Truck Serv., Inc., 392 S.W.2d 292, 296 (Mo.1965) (citations omitted) (quoting Williams v. Anderson Air Activities, 319 S.W.2d 61, 65 (Mo.App.1958)). | 1 | 1 |
Williams v. Anderson Air Activitiesgreen1 sentence1995And where the finding of ultimate fact is reached by the application of rules of law instead of by a process of natural reasoning from the facts alone, it is a conclusion of law and subject to our reversal.’ Merriman v. Ben Gutman Truck Serv., Inc., 392 S.W.2d 292, 296 (Mo.1965) (citations omitted) (quoting Williams v. Anderson Air Activities, 319 S.W.2d 61, 65 (Mo.App.1958)). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Williams
green
1 sentence2023In Williams, the Court set out factors that illustrate the legal analysis required 9 by the constitutional provision, but cautioned that the relevance of these factors will vary depending on the case, “as will the weight to be afforded any one factor in particular.” Id. | 1 | 2023–2023 |
Meyer v. Purcell
green
1 sentence2017In Meyer v. Purcell, this Court set out the standard for making a submissible case of punitive damages in a legal malpractice case, namely that the defendant's conduct "showed complete indifference to or a conscious disregard for [the plaintiff's] rights," which required proof that the defendant intentionally acted "either by a wanton, willful or outrageous act, or reckless disregard for an act's consequences (from which evil motive is inferred)." 405 S.W.3d 572 , 575-76 (Mo. App. E.D. 2013) ; see also Smith v. Brown & Williamson Tobacco Corporation, 410 S.W.3d 623 , 630-31 (Mo. banc 2013) (sa | 1 | 2017–2017 |
Porter v. Erickson Transport Corp.
green
1 sentence2017Other cases have said conduct that amounts to a conscious disregard for the safety of others so as to constitute recklessness "is the legal equivalent of willfulness." Porter v. Erickson Transport Corporation, 851 S.W.2d 725 , 747-48 (Mo. App. S.D. 1993). | 1 | 2017–2017 |
In Re the Care & Treatment of Norton
green
2 sentences2006This Court set out the test for considering a claim that the SVP statute violates detainees' equal protection rights in In re Norton, 123 S.W.3d 170 (Mo. banc 2003): In deciding whether a statute violates the Equal Protection Clause, this Court engages in a two-part analysis. 2006This Court set out the test for considering a claim that the SVP statute violates detainees’ equal protection rights in In re Norton, 123 S.W.3d 170 (Mo. banc 2003): In deciding whether a statute violates the Equal Protection Clause, this Court engages in a two-part analysis. | 1 | 2006–2006 |
State v. Leeper
neutral
1 sentence1963As said in State v. Leeper, 78 Mo. 470 , its use in this form is almost canonized, and this court has often admonished the circuit courts that it is better to adhere to instructions that have received the approval of this court and not to attempt definitions which add nothing to the meaning of well-understood terms.” This approved instruction together with the same admonition to use it was set out in State v. Howard, 324 Mo. 145 , 23 S.W.2d 11, 15 . | 1 | 1963–1963 |
State v. Nerzinger
green
2 sentences1963In State v. Nerzinger, 220 Mo. 36 , 119 S.W. 379 , the court set out the instruction as follows : “ ‘If, upon consideration of all the evidence, you have a reasonable doubt of the defendant’s guilt, you should acquit; but a doubt, to authorize an acquittal on that ground, ought to be a substantial doubt touching the defendant’s guilt, and not a mere possibility of his innocence.’ ” The court then commented, “It has often been remarked by this court that this last instruction embodied the true doctrine as to reasonable doubt in criminal causes. 1963In State v. Nerzinger, 220 Mo. 36 , 119 S.W. 379 , the court set out the instruction as follows : “ ‘If, upon consideration of all the evidence, you have a reasonable doubt of the defendant’s guilt, you should acquit; but a doubt, to authorize an acquittal on that ground, ought to be a substantial doubt touching the defendant’s guilt, and not a mere possibility of his innocence.’ ” The court then commented, “It has often been remarked by this court that this last instruction embodied the true doctrine as to reasonable doubt in criminal causes. | 1 | 1963–1963 |
State v. Howard
green
2 sentences1963As said in State v. Leeper, 78 Mo. 470 , its use in this form is almost canonized, and this court has often admonished the circuit courts that it is better to adhere to instructions that have received the approval of this court and not to attempt definitions which add nothing to the meaning of well-understood terms.” This approved instruction together with the same admonition to use it was set out in State v. Howard, 324 Mo. 145 , 23 S.W.2d 11, 15 . 1963As said in State v. Leeper, 78 Mo. 470 , its use in this form is almost canonized, and this court has often admonished the circuit courts that it is better to adhere to instructions that have received the approval of this court and not to attempt definitions which add nothing to the meaning of well-understood terms.” This approved instruction together with the same admonition to use it was set out in State v. Howard, 324 Mo. 145 , 23 S.W.2d 11, 15 . | 1 | 1963–1963 |
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.