Four Overlapping Causation Opinions OK, Says Mo. Supreme Court
In April, we called attention to a case transferred to the Supreme Court of Missouri after the Court of Appeals reversed a defense verdict in a medical malpractice action because the
The Appellate Law Blog, published by Bonuchi Law, focuses on appellate practice and procedure with an emphasis on Missouri state law. It covers topics such as appellate standards of review, evidentiary issues on appeal, ineffective assistance of counsel claims in post-conviction relief, jury instruction challenges, and constitutional law matters including First Amendment challenges. The blog also discusses strategic considerations in appellate advocacy, including effective brief writing and oral argument techniques. Case analyses often highlight recent Missouri Supreme Court decisions and their implications for trial and appellate counsel.
Posted: February 19, 2018
A defendant who admitted kicking, beating, and strangling a man to death lost his bid for a new trial based on the supposed ineffective assistance of appellate counsel in Meiners v. State, No. SC96278 (Jan. 23…
Argument Held On First Amendment Challenge to Missouri’s Informed Consent Law
We noted back in October that the Supreme Court of Missouri accepted transfer to hear a novel First Amendment challenge to Missouri’s abortion informed consent law. The case has…
It might feel good, but hyperbole hurts appellate (or any) brief writing
Posted January 25, 2018
Using cringe-worthy adjectives like “specious” or “ridiculous” to describe an opponent’s position is almost always a bad idea. Often accompanied by incomplete, circular, or…
Forum Selection Clause Enforced For Tort Claims
Posted: January 19, 2018
The Supreme Court of Missouri enforced a contract’s forum selection clause as to tort claims between the parties in Reed v. The Reilly Company LLC, No. SC96499 (Dec. 5…
Prevailing Factor Clarified For Workers’ Heart Attack Cases
Posted January 19, 2018
For a quarter century, Ulysses White worked as a machinist at ConAgra in Marshall, Missouri. It was over 100 degrees at work the day he died. Colleagues found…
Mo. Supreme Court Gives Tenants Right to Jury Trial
Posted: January 19, 2018
Missouri landlords can evict defaulting tenants through a streamlined, judge-tried process in associate circuit court. Before 2014, a party aggrieved by the associate circuit court’s ruling could…
General Jurisdiction Over Bayer Denied in Missouri
Posted: January 18, 2018
As we’ve written here before, courts have been grappling with the difficult personal jurisdiction questions presented by large mass tort cases for some time now. The Supreme Court of…