Legal News

Current events, cases, rulings, and more.

Premises Liability: The Open and Obvious Hazard and Assumption of Risk

October 12th, 2015 4:20 pm

“HOME OF THROWED ROLLS” If you are from southern Missouri, there is no doubt you have invited yourself to the aroma of stewed tomatoes, fried potatoes, okra, and, of course, warm rolls from Lambert’s Café. For decades, Lambert’s Café has operated its restaurants in Sikeston and Ozark, Missouri and has become famous for being the […]

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Why Everyone Needs an Estate Plan

October 12th, 2015 4:19 pm

Estate planning is not just for millionaires with summer houses. Every adult who has people he or she loves and cares about needs an estate plan. Contrary to popular belief, most people have an estate. It consists of your home, personal property, investments, bank accounts, retirement plans, and any interest in a business; the things […]

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THE BANKRUPTCY CORNER – New Holding for Debtors

October 12th, 2015 4:18 pm

Law v. Siegel (In re Law), No 12-5176, 571 U.S. _(March 41 , 2014). This United States Supreme Court decision provided Chapter 7 debtors (and presumably Chapter 13 debtors) with judicial cover for pre-petition misconduct, holding the bankruptcy courts cannot surcharge the Debtor’s homestead exemption as a result of pre-petition misconduct. The Debtor in the […]

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Verbal Complaints and the Fair Labor Standards Act: Consequences for Employers

October 12th, 2015 4:14 pm

The Fair Labor Standards Act (FLSA) contains an anti-retaliation provision forbidding employers from discharging or discriminating against an employee in any manner because such employee has “filed any complaint or instituted or caused to be instituted any proceeding under or related to the [FLSA].” 29 U.S.C. § 215(a)(3). In a recent decision, the 2nd United […]

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