The Missouri Court of Appeals, Western District reversed the trial court’s ruling that Zeria Lounce was individually liable for home association assessments where she had transferred her home’s title to her revocable living trust. Although Lounce didn’t inform the association of the transfer of her property to the trust, the home association and declaration of restrictions and covenants documents did not require her to notify the home association of the transfer.
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St. Francis Medical Center sued Edward and Jennifer Reeves to collect unpaid medical bills incurred in the birth of the Reeves’s son alleging breach of express contract and action on account. The trial court entered a judgment in favor of the Reeves and St. Francis appealed. The Missouri Court of Appeals Southern District reversed, ruling that the the trial court erred in failing to admit the Reeves’s medical bills into evidence.
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C-H Building Associates entered into a contract to purchase real estate from Joe and Mary Jane Duffey. At the time of the sale Liberty Homes, a third of which was owned by Joe Duffey, was renting the property. The sale contract contained the following clause relating to the lease:
[The Duffeys] agree[ ] to sell to [C-H] and [C-H] agrees to purchase from [the Duffeys] the real estate described in Exhibit A . . . together with any buildings and improvements thereon, and all personal property used in the operation of the buildings and improvements . . . and including the following: LEASE WITH LIBERTY HOMES TO BE 3 YEARS AT $3,000.00 PER MONTH TRIPLE NET ON THE NORTH APPROXIMATELY 2500 SQ FT OF BUILDING AT 100 CLAYVIEW DRIVE.
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J M Neil & Associates, Inc. (“JMN”), a woman-owned business, entered into a teaming agreement in 2005 with Alexander Robert William, Inc. (“ARW”), a veteran-owned business, in hopes of being awarded a veteran set-aside General Services Administration contract. Under the teaming agreement, ARW would be the prime contractor under the GSA contract, and JMN would serve as a subcontractor to ARW. The teaming agreement contained a non-compete agreement that prohibited ARW from hiring the JMN employees who were to work on the GSA contract or attempting to influence them to remain with ARW after termination of the GSA agreement.
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AMCM, Inc. v. Philadelphia Indemnity Insurance Co.
The U.S. District Court for the Eastern District of Missouri granted the defendant’s motion for summary judgment, finding that a hobby farm was not intended for a “similar use” under a newly-acquired property clause of an insurance policy covering a day care center.
Secure Energy, Inc. v. Philadelphia Indemnity Insurance Co.
The U.S. District Court for the Eastern District of Missouri denied the defendant insurance company’s motion to dismiss, holding that the plaintiff had pled facts sufficient to withstand the motion.
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Pacer Transport, an affiliate of Pacer International, Inc., the defendant in this case, leased a flatbed semi-trailer from XTRA Lease LLC. The trailer was involved in a serious accident when a wheel came off the trailer and struck a car, killing the driver of the car and seriously injuring the passenger. XTRA was sued for the personal injuries and death resulting from the accident. XTRA looked to Pacer for indemnification under its lease agreement with Pacer, and brought suit when Pacer refused.
Is Pacer required to indemnify XTRA for its own negligence?
The issue before the court on the plaintiff’s and defendant’s motions for summary judgment was whether the lease’s indemnification provision required Pacer to indemnify XTRA for its own negligence. The indemnification provision in the lease reads,
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Dr. Byron Glenn brought breach of contract claims against HealthLink HMO and HealthLink PPO (HealthLink) alleging breach of an HMO Agreement and a PPO Agreement. The Circuit Court of Girardeau County granted summary judgment in favor of HealthLink, and the Missouri Court of Appeals affirmed in part and reversed in part.
Background
Glenn signed HMO and PPO agreements in 2001 to become a network provider for HealthLink. Beginning in 2007, after receiving complaints about Glenn’s services, HealthLink provided Glenn with various notices of termination of the agreements and subsequently rescinded the notices. HealthLink eventually terminated the PPO agreement and provided timely notice of non-renewal of the HMO agreement. HealthLink removed Glenn’s name from two of HealthLink’s online provider directories before the HMO agreement expired.
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Pop quiz: You work for a title company. During a routine audit of your closed files you discover that a lien release is missing from a deal that closed a few years ago. Without the lien release your customer’s house remains subject to a lien granted by the residential developer who sold the lot to your customer. Do you (a) request a lien waiver to make sure things are in order or (b) let sleeping dogs lie?
I’m not going to tell you what I would do, but a recent case decided by the Missouri Court of Appeals (Melson v. Traxler) dealt with just such a scenario. [click to continue…]
