mobarcle 2011 publications catalog

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www.mobarcle.org (888) 253-6013

Administrative LawAdoption Law and PracticeAppellate Court PracticeBankruptcy PracticeBusiness TransitionsCivil ProcedureCivil Trial PracticeCommercial LawCondemnation PracticeConstruction LawConsumer Law and PracticeContractsCorporate Organization and OperationCreditors’ RemediesCriminal PracticeDamagesDiscoveryDWI Law and PracticeElder LawEmployer-Employee LawEmployment DiscriminationEnvironmental LawEstate AdministrationEstate PlanningEvidence Evidence GuideFamily LawFarm LawInsurance PracticeIntellectual Property Law Juvenile Law Litigation SettlementsLocal Government LawMental Health LawProfessional LiabilityReal Estate PracticeRemediesSchool LawSecured Transactions Sources of ProofSpecialized Business EntitiesTaxation Law and PracticeTime LimitationsTort LawTrusts, Powers of Attorney, Custodianships, and Nonprobate MattersWorkers’ Compensation Law

MoBarCLEPublications

2011Catalog

50 Ye a r s o f ex c e l l e n c e

MoBarCLE

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BooksThe Missouri Bar publishes comprehensive, substantive secondary-source law books. MoBarCLE books are professionally produced legal publications written by highly respected Missouri lawyers and judges. The books are reviewed for organization and substance by attorneys and our staff. Our publications are professionally edited and indexed. Books are supplemented regularly.

SupplementsThe Missouri Bar supplements its books on an as-needed basis. Prices vary according to our production costs. When you order a book from The Missouri Bar, your purchase includes the current supplement.

UpdatingIf we update a publication within 90 days of your purchase, you can apply your initial purchase price toward the new price. You just pay the difference plus shipping on the difference. You keep both publications for the cost of the new one plus shipping.

Course MaterialsThe Missouri Bar has a limited quantity of course materials available for sale. Please call toll-free (888) 253-6013 to receive a current list.

Ordering InformationTo order, use the order form or call The Missouri Bar toll-free at (888) 253-6013, between the hours of 8 a.m. and5 p.m., Monday through Friday. Or fax your order to us24 hours a day at (573) 659-8931; e-mail us at [email protected]; or order online at www.mobarcle.org.

Although you should allow two weeks for delivery, most books and supplements are in stock and are sent out within two working days.

MoBarCLE deskbooks are developed specifically for Missouri attorneys. Because these books cover Missouri law, they save you time, make your work easier, and make you more productive.

If you’re not using MoBarCLE deskbooks, your competition may know something you don’t.

Let The Missouri Bar CLE deskbooks help you

Return PrivilegesReturn privileges apply on all books and supplements. If for any reason you are not satisfied with a book or supplement, simply return it in an undamaged, unmarked condition within 30 days. Your money will be refunded promptly.

PricesThe Missouri Bar publishes books on Missouri law as a member service. Unlike for-profit operations, MoBarCLE spends only a modest amount on packaging, marketing, and “window dressing.” Our emphasis is on substance, so we invest our resources in researching, editing, cite checking, and professionally indexing our books.

The prices for MoBarCLE books reflect our nonprofit philosophy. Although we don’t share the cost advantages of the national publishers who print and sell thousands of copies of a book, we try to keep our prices at a reasonable level through careful cost control procedures. We also rely on volunteer authors and reviewers who donate their valuable time and expertise to help us serve you.

DiscountsMoBarCLE offers the following discounts on full priceorders:

2 titles - 10%4 titles - 20%

6 titles or more - 30%

Complete LibraryWe also offer a complete library price of $4,500.A savings of over 50% off individual title prices.

Feedback and SuggestionsDo you have an idea for a new MoBarCLE deskbook or a suggestion for improving an existing one? Have you found an error in one of our books? Would you like informa-tion on becoming an author or reviewer of a MoBarCLE deskbook?

E-mail your comments or requests to [email protected] or call (573) 635-4128.

QUESTIONS ABOUT CLE BOOKS?Call (888) 253-6013

MoBarCLE Publications

General Information

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Books about Missouri law written by Missouri lawyers.

Administrative Law ........................................ 4Adoption Law and Practice ............................ 5Appellate Court Practice ................................ 6Bankruptcy Practice....................................... 7Business Transitions...................................... 8Civil Procedure .............................................. 10Civil Trial Practice .......................................... 11Commercial Law ............................................ 12Condemnation Practice ................................. 13Construction Law ........................................... 14Consumer Law and Practice ......................... 15Contracts ....................................................... 16Corporate Organization and Operation ......... 8Creditors’ Remedies ...................................... 17Criminal Practice ........................................... 18Damages ....................................................... 19Discovery ....................................................... 20DWI Law and Practice ................................... 21Elder Law....................................................... 22Employer-Employee Law............................... 23Employment Discrimination ........................... 24Environmental Law ........................................ 25Estate Administration ..................................... 49Estate Planning ............................................. 50

Evidence ........................................................ 26Evidence Guide ............................................. 31Family Law .................................................... 32Farm Law....................................................... 33Insurance Practice ......................................... 34Intellectual Property Law ............................... 35Juvenile Law .................................................. 36Litigation Settlements .................................... 37Local Government Law.................................. 38Mental Health Law ......................................... 39Professional Liability ...................................... 40Real Estate Practice ...................................... 41Remedies ...................................................... 42School Law .................................................... 43Secured Transactions .................................... 44Sources of Proof ............................................ 45Specialized Business Entities ........................ 9Taxation Law and Practice............................. 46Time Limitations ............................................ 47Tort Law ......................................................... 48Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters ........................... 51Workers’ Compensation Law ......................... 52

The Missouri Bar Continuing Legal Education is entirely self-supporting. MoBarCLE receives

no part of member dues. The only sources of revenue are program registration fees and

publications sales.

General Information ..................................................... .2 & 53Electronic Publications Information .....................................54Order Forms ................................................................ 28–29Volunteer Form ....................................................................302010 Volunteers...................................................................27

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Contents

1. Introduction Kent L. Brown 2. Administrative Rules and Rulemaking Gary W. Duffy 3. Agency Adjudication— Contested and Noncontested Cases John D. Landwehr, Lowell D. Pearson, and Kent L. Brown 4. Judicial Review Paul M. Spinden

In 1994, the Supreme Court of Missouri noted that “administrative law is an increasingly important area of practice in Missouri.” Weber v. Firemen’s Ret. Sys., 872 S.W.2d 477, 478 (Mo. banc 1994). Whether you regularly practice in this area or, like many other attorneys, are unfamiliar with all the rules and regulations but find yourself facing administrative law issues with in-creasing frequency, this deskbook will provide valuable assistance. The 2-volume set covers a broad range of topics, from immigration practice to education law to prac-tice before various state agencies. It includes forms and a forms disk; new chapters on Education Law, the Department of Social Services, and the Gaming Commission; practice pointers; agency contact information; procedural guidelines; and more. For a list of the forms available on the disk, visit our online CLE Publications Bookstore at www.mobarcle.org.

Administrative Law

19. Education Law Keith R. Powell and Kristen K. Morrow Kelli Hopkins (Supp.)20. Gaming Commission Kurt P. Valentine21. Agency Summaries Jane A. Rackers22. Federal Procedure and Review David R. Tripp and David A. Linehan Andrew L. Schulkin (Supp.)23. Immigration and Naturalization Practice Lilian C. Fernandez

Details and Price

2 vols. (3rd ed. 2000) 1,019 pp.plus 2003 Supp., 152 pp.

$225

5. Evidence and Burden of Proof Harvey M. Tettlebaum and Amanda Bartlett Mook Mary S. Erickson (Supp.) 6. Practice and Procedure Before the Administrative Hearing Commission Daniel R.E. Jordan and James B. Deutsch 7. Extraordinary Writs Paul H. Gardner 8. Attorney Fees Robert C. Cook and William J. Bryan, IV 9. Missouri Open Meetings/ Open Records Law (Sunshine Law) James H. Klahr10. Professional Licensing Audrey Hanson McIntosh11. Personnel Hearings Before Administrative Hearing Agencies Paul R. Otto12. Public Service Commission William R. England, III and Paul A. Boudreau13. Intrastate Transportation by Motor Vehicle Stephen G. Newman David E. Woodside (Supp.)14. State Tax Commission R. Randall Turley and Aimee L. Smashey15. Department of Revenue Department of Revenue Staff16. Employment Security Law Ninion S. Riley17. Administrative Procedures Under Civil Rights Laws Sandra L. Schermerhorn and James M. Paul18. Department of Social Services Department of Social Services Staff Department of Health and Senior Services Staff (Supp.)

Forms on CD-ROM

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MoBarCLE PublicationsAdoption Law and Practice Adoption Law and Practice is an expanded and updated version of chapters previously included in Mo-BarCLE’s Family Law and Juvenile Law deskbooks. The stand-alone deskbook incorporates the latest caselaw and statutory changes to the Adoption Code. While adoptions are often uncontested, the authors identify problem areas to watch for and offer practical guidance for navi-gating trouble spots to ensure the finality of the adoption decree. Learn how to properly serve process on all necessary parties, known or unknown. Learn who can intervene in an adoption proceeding. Learn the requirements for a valid consent and in what circumstances consent can be revoked. Find out what subsidies and tax credits are available to adopting families and the importance of complying with the UCCJA, the Indian Child Welfare Act, and the Interstate Compact on the Placement of Children. Whether you are a seasoned adoption attorney or new to the field, this deskbook is full of valuable resources to sharpen your knowledge of the law and reduce the amount of time you spend drafting all of the necessary documents. The 2008 supplement includes discussions of the overlap between adoption proceedings and termination of parental rights proceedings and

Contents

1. Introduction Martin Schiff, Jr. and Timothy B. Brassil

2. Practice and Procedure Martin Schiff, Jr. and Timothy B. Brassil

3. Equitable Adoption Martin Schiff, Jr. and Timothy B. Brassil

4. International Adoption Rodolfo Rivera

5. Forms Martin Schiff, Jr., Timothy B. Brassil, and Rodolfo Rivera

Details and Price

(2004) 166 pp. plus2008 Supp., 23 pp.

$125

You’ll be satisfied with our books . . . we guarantee it.Return privileges apply on all books and supplements. If for any reason you are not satisfied with a book or supplement, simply return it in undamaged, unmarked condition within 30 days. Your money will be refunded promptly.

Forms on CD-ROM

the rights of putative or unknown fathers. The supplement also includes new information about the Hague Convention on Intercountry Adoption, which has significantly changed the way international adoptions are handled. The forms CD-ROM includes more than 30 sample forms: worksheets, petitions, consents, decrees, and more! For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

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Appellate Court Practice Appellate advocacy presents unique challenges and decisions for attorneys. Missouri Appellate Court Practice, now in its fifth edi-tion, provides valuable guidance and answers. The authors go beyond setting out the substantive issues and procedural requirements so important to the appellate process; they draw on their vast experience to provide down-to-earth advice about everything from realistically assessing the chances for success on appeal to how to best present an exhibit during oral argument. Cov-erage includes the Supreme Court of Missouri, all three districts of the Missouri Court of Appeals, and the Eighth Circuit Court of Appeals. For a list of the forms on the CD-ROM, visit our online CLE Publica-tions Bookstore at www.mobarcle.org.

Forms on CD-ROM

Contents

1. Initial Considerations: Evaluating a Case for Appeal; Ethical Considerations on Appeal; New Counsel on Appeal? Dennis Owens 2. Appeals—Who, What, When, Where, and How Mark G. Arnold

Details and Price

(5th ed. 2002) 480 pp.plus 2007 Supp., 207 pp.

$195

3. Trial and Posttrial Motions Affecting Appeals in Civil Cases P. Pierre Dominique and J. Christopher Spangler 4. Settlement Conferences Richard L. Schnake 5. Record on Appeal Janet M. Thompson 6. Briefs Alana M. Barragán-Scott 7. Oral Argument James R. Layton Cheryl C. Nield (Supp.) 8. Motion Practice in Appellate Court Colleen Joern Vetter 9. Sanctions for Frivolous Appeals Joy I. Hannel10. Criminal Appeals and Postconviction Remedies Randall D. Eggert11. Rehearings, Transfers, and Certiorari—Missouri and Federal Bryan E. Nickell12. Practice Before the United States Court of Appeals for the Eighth Circuit William E. Quirk13. Writs of Mandamus and Prohibition James W. Erwin

14. Quo Warranto Susan Ford Robertson15. Habeas Corpus S. Paige Canfield and Christine E. Rollins

DiscountsMoBarCLE offers the following discounts on full price orders:

2 titles - 10%4 titles - 20%

6 titles or more - 30%

Complete LibraryWe also offer a complete library price of $4,500.A savings of over 50% off individual title prices.

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Bankruptcy Practice This two-volume set is critical for attorneys who practice bankruptcy law, especially those who do not practice it exclusively, and for those who practice in areas where bankruptcy issues can arise, including creditors’ and debtors’ counsel. The authors include judges, professors, trustees, and practicing attorneys. You’ll find discussion of the BAPCPA, practice notes and tips, charts, checklists, examples, and sample forms. The book begins with a helpful overview chapter that covers such issues as reasons to consider bankruptcy, which type to choose, finding the courthouse, fee schedules, and resource materials. The second chapter covers jurisdiction, venue, procedure, appeals, and other matters. Learn what property is property of the bankruptcy estate, which property is specifically included, which is exempted or excepted, and which property there is a question about. Find coverage of discharge, dischargeability of debts, reaffirmation agreements, and enforceability of liens following discharge. Learn about stays on creditor actions, including automatic stays and exclusions from automatic stays, the duration of stays, how to get relief from stays, and effects of violations of stays. Find out about the trustee’s avoidance powers toward preferential transfers. Learn the priorities of claims and about cram down. Compare Chapter 7, 11, 12, and 13 bankruptcies—what they are, how they differ, when they apply—and learn about the right of conversion. Find chapters on involuntary bankruptcies, secured claims, executory contracts and unexpired leases, employment of professionals, and the United States Trustee Program. This edition also includes new chap-ters on tax issues in bankruptcy, litiga-tion in bankruptcy, and electronic case filing—covering everything from logins and passwords to menu options to how to contact the help desk. And the book comes with a full-text, fully searchable CD-ROM that also includes the sample forms in word-processing format. The 2010 supplement covers recent cases applying the BAPCPA and time limit changes under the new federal time com-putation rules and includes an updated CD-ROM. For a list of the forms on the

Contents

1. Overview of Title 11 Charles E. “Sketch” Rendlen, III 2. Jurisdiction, Procedure, Appeals, and Related Matters Steven N. Cousins and Susan K. Ehlers 3. Property of the Estate Ronald S. Weiss and Max Jevinsky 4. Discharge and Dischargeability Seth A. Albin, Brian W. Hockett, and Gwendolyn Froeschner Hart Allison Graves (Supp.) 5. Stays A. Thomas DeWoskin and Teresa A. Generous Jennifer Doering (Supp.) 6. Avoiding Powers Cassandra L. Writz, Cynthia Dillard Parres, and Lee J. Viorel, III Purvi M. Shah (Supp.) 7. Chapter 7 Bankruptcies Charles W. Riske, Kevin Checkett, and Kathy A. Surratt-States 8. Chapter 11 Case Administration Scott J. Goldstein, Lisa A. Epps, Joel Pelofsky, and David A. Warfield Laura Uberti Hughes (Supp.) 9. Confirmation and Cram Down of Chapter 11 Plans David A. Lander, Cynthia F. Grimes, Jennifer A. Merlo, Dennis R. Dow, and Laurence M. Frazen Laura Toledo (Supp.)10. Chapter 12 Bankruptcies Joel Pelofsky and Paul H. Berens11. Chapter 13 Bankruptcies Volunteers and Staff Diana S. Daugherty and Richard V. Fink (Supp.)12. Involuntary Bankruptcies Wendi S. Alper-Pressman and Jerald S. Enslein13. Secured Claims in Bankruptcy Cases Abigail B. Willie

CD-ROM, visit our online CLE Publica-tions Bookstore at www.mobarcle.org.

14. Executory Contracts and Unexpired Leases Gregory D. Willard, Mark G. Stingley, David M. Unseth, and Michelle M. Masoner15. Employment of Professionals Gary D. Barnes and Arthur B. Federman16. Tax Issues Arising in Bankruptcy Michelle Arnopol Cecil Harry Charles (Supp.)17. An Overview of Bankruptcy Litigation Jerry W. Venters Robert S. Baran (Supp.)18. The United States Trustee Program Charles E. “Sketch” Rendlen, III Nancy J. Gargula (Supp.)19. Bankruptcy Filing—Electronic Case Filing Dana C. McWay, Sandra F. Louis, Paula C. Acconcia, and Roberta Kostrow Gary D. Streeting (Supp.)

Details and Price

2 vols. (2nd ed. 2007) 1,040 pp.plus 2010 Supp., 198 pp.

$245

Full-TextCD-ROM

2010Supplement

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Business Transitions The first book published in the MoBar CLE’s Business and Corporate Law Series, Missouri Business Transitions guides the practitioner through the changes in the life of a business. This book will help you help your clients reach their goals. The authors explain tax consider-ations and estate planning aspects and high-light dissolution, liquidation, sale, and merger issues. And the 2009 supplement includes statutory updates, including the American Recovery and Reinvestment Act of 2009; new sections on freeze-out mergers, nonsolicitation covenants, and corporate reoganization of iden-tically owned corporations; and new sections discussing the state of the economy. The book includes a full-text, fully searchable CD-ROM that also includes over 100 pages of sample forms and checklists. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Corporate Organization and Operation Missouri Corporate Organization and Operation provides practical direction through the potential pitfalls of setting up and operating a corporation. This book equips the practitioner to handle tax, fi-nancing, and control issues and to advise clients on officer, director, and shareholder duties, rights, responsibilities, and liability. Learn the advantages and disadvantages of debt and equity financing, exemptions to securities registration, and about the Sarbanes-Oxley Act. Read an analysis of incorporating in Missouri versus incorpo-rating in Delaware. The book includes a full-text, fully searchable CD-ROM that also includes sample forms and checklists. For a list of the forms on the CD-ROM, visit our on-line CLE Publications Bookstore at www.mobarcle.org.

Contents 1. General Considerations Benjamin H. Hulsey and Thomas E. Proost

Full-TextCD-ROM

Full-TextCD-ROM

10. Taxable Sale or Acquisition of a Corporation Ben W. Hobert Molly J. Maurin (Supp.)11. Nontaxable Acquisition or Disposition of a Corporation George F. Crawford and Christopher C. Fairchild Ben W. Hobert and Molly J. Maurin (Supp.)

Details and Price

(2005) 672 pp.plus 2009 Supp., 73 pp.

$195

Contents

1. Internal Corporate Readjustments Richard N. Nixon, John W. Finger, and J. Kyle McCurry Jason L. Nonnemaker (Supp.) 2. Tax Law Governing Internal Corporate Readjustments John P. Barrie and Dana A. Lasley

8. Fiduciary Duties, Rights, and Responsibilities Michael L. McCann and Kristine M. Becker Emily Marriott Taylor (Supp.) 9. Tax Aspects of Corporate Operation John W. Simpson10. Foreign Corporations Susan Z. Gamble

Details and Price

(2005) 466 pp.plus 2009 Supp., 31 pp.

$195

3. Estate Planning Aspects Kimberly S. Zellmer Christine H. DeMarea (Supp.) 4. Corporate Law Aspects of Voluntary Dissolutions and Liquidations Dale A. Werts and Sean A. Power Kristen V. Toner (Supp.) 5. Involuntary Dissolutions and Liquidations Richard W. Engel, Jr. and David W. Braswell Callan F. Yeoman (Supp.) 6. Tax Aspects of Corporate Liquidations Dana A. Lasley 7. Patterns of Sale Jacob C. Young, III, Michael J. Van Dyke, and Mitchell E. Albert 8. Sale or Merger Geetha Rao Sant 9. Securities Law Aspects of Corporate Reorganizations Mark D. Murphy

2. Articles of Incorporation and Bylaws Peter Mirakian, III 3. Tax Considerations of Organizing a Corporation Kenneth K. Wright 4. General Corporate Actions and Operations Daniel A. Peterson 5. Financing the Business Mark L. Stoneman 6. Securities Regulation Kathleen S. Schoene, Steven E. Pozaric, and Meredith M. Todd Joseph S. von Kaenel and Jill R. Polk (Supp.) 7. Selection of Control Mechanisms Dale A. Werts and Sean A. Power Kristen V. Toner (Supp.)

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Specialized Business Entities Missouri Specialized Business Entities navigates the alphabet soup o f bus i ness en t i t i e s :S corporations, C corporations, PCs, LLCs, LPs, LLPs, LLLPs, and others. Learn the attributes of these and other entities and when each is advisable for you or your client. This publication explains the differ-ences in tax treatment and liability and even provides estate planning and business valuation guidance. It discusses the legal, tax, business, and management considerations you need to weigh. You’ll learn the 10 instances when the transfers of shares of a Missouri SCC are not subject to a right of first refusal, the 5 items that must be listed on a certificate of limited partnership, and the 2 major types of tests to be applied when considering a request for substantive consoli-dation of related entities. You’ll be guided through the formation of a nonprofit corporation and discover whether Missouri law requires an LLP engaging in the business of pro-viding professional services to carry malpractice liability insurance. The book includes a full-text, fully searchable CD-ROM that

Full-TextCD-ROM

Contents

1. Selection of a Business Entity Benjamin H. Hulsey and Thomas E. Proost 2. Nonprofit Corporations James R. Dankenbring and James R. Loranger 3. Professional Corporations Joseph P. Giljum 4. Partnerships Guy A. Schmitz and Larry K. Harris Joseph D. Demko (Supp.) 5. Limited Liability Companies James M. Selle and William F. Koenigsdorf 6. Limited Liability Partnerships Philip N. Krause 7. Statutory Close Corporations James R. Dankenbring and James R. Loranger 8. Estate Planning for Shareholders of Closely Held Corporations Lawrence Brody and Dave Cornfeld

Business and Corporate Law Series • Business Transitions • Corporate Organization and Operation • Specialized Business Entities

Purchase all three for $485!A $100 savings!

Call 1-888-253-6013.

also includes sample forms and checklists. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

9. Special Purpose Entities Richard W. Engel, Jr. and Bruce D. LeMoine10. Planning Employee Benefits Thomas R. Brous and Philip C. McKnight Thomas R. Dowling (Supp.)

Detail and Price

(2006) 527 pp.plus 2009 Supp., 53 pp.

$195

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Civil Procedure Missouri Civil Procedure is an annotated version of Supreme Court Rules 41 through 79, the rules governing civil procedure in Missouri courts. This third edition is expanded and reformatted with outlines and additional headings to make it even easier to use. In-cluded are the text of the Rules; historical notes; cross-references to statutes, Federal Rules of Civil Procedure, and other resources; time constraints; comments; charts; and sample forms. The comments sections include citations to cases, statutes, and other authority to pro-vide a clear understanding of these Rules and how Missouri courts interpret them. This is a book you will use almost daily. This edit ion includes Rule changes adopted in the summer of 2007 and effective January 1, 2008. And the book comes with a full-text, fully searchable CD-ROM that also includes forms in word-processing format. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Contents

1. Rules 41–50 Robert L. Wehrman, Linda C. McFee, and Jason L. Buchanan 2. Rule 51 Phebe La Mar and Fred W. Crouch 3. Rule 52 Michael J. Kleffner, Eleanor A. Dorothy, John M. Kilroy, Jr., Travis L. Salmon, and Michael J. Gallagher

Full-Text CD-ROM

23. Rule 75 Alana M. Barragán-Scott24. Rule 76 Carla R. Counsil25. Rule 77 Phebe La Mar26. Rule 78 Curtis E. Woods27. Rule 79 George R. Ripplinger, Jr.

Details and Price

2 vols. (3rd ed. 2007) 1,289 pp.

$245

4. Rule 53 Douglas K. Rush 5. Rule 54 Douglas K. Rush and David G. Kullman 6. Rule 55 Wm. Dirk Vandever, Mark A. Buchanan, John A. Michener, and Louis A. Cohn 7. Rule 56 Glenn E. Bradford 8. Rules 57, 58, and 59 Michael J. Mohlman 9. Rule 60 Terry M. Jarrett10. Rule 61 Mary R. Russell, Paul V. Herbers, and Louis A. Cohn11. Rule 62 Louis A. Cohn12. Rules 63 and 64 Susan Ford Robertson13. Rule 65 Douglas K. Rush14. Rule 66 Bryan D. Schneiderer15. Rule 67 Alana M. Barragán-Scott 16. Rule 68 Jim S. Green17. Rule 69 Heather L. Rooney18. Rule 70 Robert T. Adams, David M. Woods, and Angela M. Splittgerber19. Rule 71 Susan Ford Robertson20. Rule 72 Curtis E. Woods21. Rule 73 George R. Ripplinger, Jr.22. Rule 74 Emily W. Little

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3. Jurisdiction, Venue, and Service Brian J. Doherty 4. Pleadings Susan Ford Robertson Christian L. Faiella (Supp.) 5. Settlement Procedures Karl W. Blanchard, Jr. and Phillip D. Greathouse 6. Organizing the File and Final Trial Preparations Thomas G. Strong and Jeffrey W. Bates Keith A. Cutler (Supp.) 7. Voir Dire and Jury Selection Stephen R. Woodley Thomas K. Neill (Supp.) 8. The Opening Statement Thomas C. DeVoto 9. Presenting the Evidence Paul J. Passanante10. Cross-Examination Gary B. Brewer11. Making and Preserving the Record Valerie G. Lipic12. Instructions James W. Erwin13. Final Argument Jack D. Rowe and Patrick M. Gavin14. Motions for New Trial in Civil Jury Cases P. Pierre Dominique and J. Christopher Spangler15. Nonjury Trials John E. Cozean16. Expert Witnesses Valerie G. Lipic


Civil Trial Practice From initial contacts with the client and investigating the case through instructions and final argu-ments, this deskbook gives practi-cal step-by-step advice on how to prepare and conduct civil trials in Missouri. Separate chapters on voir dire and jury selection, file organization and final prepara-tions, pleadings, expert witnesses, and many other topics make this book a must have for trial lawyers. Written by skilled Missouri at-torneys, this book contains many forms and checklists—including a forms CD-ROM—and is an invalu-able guide through litigation. The book includes three new sample fee agreement forms prepared by The Missouri Bar Fee Dispute Resolution Committee, the Office of Chief Disci-plinary Counsel, and The Bar Plan. The 2008 supplement includes the December 2008 updates to these forms along with chang-es to the venue statutes, MAIs, and the Rules of Civil Proce-dure. For a list of forms on theCD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Contents

1. Initial Contacts With the Client Dale C. Doerhoff 2. Investigation and Preparation William W. Francis, Jr.

Forms on CD-ROM

Details and Price

(3rd ed. 2002) 557 pp.plus 2008 Supp., 104 pp.

$195

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Commercial Law Missouri Commercial Law provides comprehensive, well-organized coverage of the topics listed in the table of contents below. If you represent buyers of goods, sellers of goods, or banks, or face the issues listed below, you should own this new deskbook. Learn about the remedies and warranties involved in a sale-of-goods transaction and about merchantability, puffing, anticipatory repudiation, liquidated damages, and specific performance. Find the requirements and categories of negotiable instruments and determine the rights and status of holders, defenses, and the liability of parties. Learn the rights and responsibilities of banks in transactions, look at a sample transaction, find a list of warranties, and find coverage of customer issues such as overdrafts, stop-payment orders, forgery, etc. Find out about Check 21 and the requirements of electronic check processing. Get a jump start on your research on franchise, licensing, and distributorship issues. Find lists of the factors courts consider in antitrust actions. Learn the elements of state and federal securities fraud actions. Get the elements, causes of action, and jury instructions in bailment and negligent entrustment cases. Missouri Commercial Law is a practical guide for Missouri attorneys.

Full-TextCD-ROM

Contents

1. Remedies and Warranties Under UCC Article 2 Clark H. Cole and Jeffrey L. Schultz2. UCC Article 3—Negotiable Instruments Thomas J. Niemann and John W. Rourke3. UCC Article 4—Bank Deposits and Collections Mark Hargrave4. Check 21 Kristin E. Weinberg5. Distributor, License, and Franchise Actions Dennis D. Palmer6. Missouri Antitrust Actions: An Overview Glenn E. Davis, Deanna M. Wendler Modde, and Brent M. Covington7. Securities Fraud Litigation Patrick T. Morgan8. Bailments and Negligent Entrustment David V. Kenner

It includes practice suggestions, lists, charts, references to other resources, and sample documents. And the book comes with a full-text, fully searchable CD-ROM. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Details and Price

(2007) 468 pp.

$195

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Condemnation Practice Missouri overhauled its condemna-tion statutory scheme in 2006. This deskbook covers those statutory changes and the resulting caselaw and MAI changes. Practicing without knowledge of these changes could result in serious mistakes. This book provides comprehensive, step-by-step coverage of condemnation practice. It was written by Missouri attorneys who share their experi-ence, expertise, and practical advice through the deskbook. Learn the four stages of a condem-nation proceeding and the sources and limitations of condemnation power. Learn the procedure of a condemnation proceeding and the requirements for a finding of blight. Learn the requirements, tactics, and procedures for a commissioners’ hearing. Get answers to your most important questions. What are the implications of Kelo and Missouri’s re-sponse? When can property be taken for economic development? Who are the necessary parties, and what are their rights? What is the effect when property is sold after it is condemned? What are the four prerequisites to establish jurisdiction for an order of condemnation? What are a condem-nor’s four basic choices after the com-missioners’ report is filed? How and when is a property valued? What is the effect of heritage and homestead value? What damages are available? What is the maximum injury rule? When does a party file exceptions? What relocation assistance is avail-able? How and to whom is an award distributed? What are the federal tax implications? What are the property owner’s rights if the condemnation is abandoned? This deskbook includes separate chapters on inverse condemnation and federal condemnation. There is even a forms appendix of over 120 pages with over 70 sample forms.

Details and Price

(4rh ed. 2009) 489 pp.

$195

Contents

1. Overview—Source of Power and Missouri Condemnation Procedure Gregory F. Hoffmann and Susan G. Crigler2. Necessary Parties and Rights Acquired Jason D. Saey, Pamela J. Meanes, and Brian C. Stone3. Condemnation Hearing and Challenging the Right to Condemn Gerard T. Carmody, Derek A. Ward, and Timothy F. McCurdy4. Commissioners’ Hearing and Report R.B. Regan and Stanley J. Wallach5. Abandonment or Payment of Award, Right to Possession, and Relocation Assistance Paul G. Henry and Jason D. Saey6. Distribution of Commissioners’ Award Michael L. Jackson, Sarah E. Giboney, and Paul G. Henry7. Federal Income Tax Considerations Donald S. Singer and David L. Rein, Jr.8. Litigating the Exceptions Case: Pretrial Discovery and Trial Stanley J. Wallach and R.B. Regan

9. Valuation Jerome Wallach, Robert Denlow, JoAnn Tracy Sandifer, and Philip E. Morgan, Jr.10. Federal Condemnation Procedure Gregory F. Hoffmann and David L. Rein, Jr.11. Inverse Condemnation Paul G. Henry and John W. Koenig, Jr.12. Forms Appendix Paul G. Henry and Jason D. Saey

Whether you are representing a prop-erty owner, a condemning authority, a commissioner, or are appointed GAL for unknown parties, this book is an indispensable resource. A full-text, searchable CD-ROM that also contains the sample forms is included with the book. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Full-TextCD-ROM

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Construction Law The unique and technical charac-ter of the construction industry and the law surrounding it create com-plex considerations and problems for owners, contractors, design profes-sionals, and the attorneys who rep-resent them. In this deskbook, promi-nent and experienced construction law attorneys provide practical and comprehensive guidance for the dif-ficult issues that arise before, during, and after the construction process on topics ranging from bidding to bonds to employment issues. Marc T. Richardson served as the chair of this successful second edition. For a list of the forms on the CD-ROM, visit our online CLE Publica-tions Bookstore at www.mobarcle.org.

Contents

1. Construction Contracts: Risk-Shifting Devices Richard A. Stockenberg William S. Thomas, Derek P. Ruzicka, and Katrina L. Smeltzer (Supp.) 2. Bidding—Federal and State Procurements Susan Linden McGreevy and Paul J. Odum Michael E. Callahan and Kurtis L. John (Supp.) 3. Legal Issues in Design/Build G. William Quatman 4. Construction Insurance Terry J. Galganski 5. Prompt Payment Acts: Missouri and Federal Sherman A. Botts and Kenton E. Snow

Forms on CD-ROM

Details and Price

2 vols. (2nd ed. 2004) 966 pp.plus 2009 Supp., 165 pp.

$245

6. Building Regulations Thomas J. Niemann, Bernard A. Reinert, and John W. Rourke Benjamin J. Hegvik (Supp.) 7. Environmental Issues Rudolf H. Beese 8. Change, Time, and Termination Matthew R. Hale 9. Missouri Mechanic’s Liens and Other Construction Liens Robert J. Guinness10. Performance, Payment, and Bid Bonds Bernard L. Balkin and Keith Witten11. Liability of Design Professionals Kenneth A. Slavens12. Contractor Delay, Disruption Claims, and Damages Rod L. Eisenhauer and Duane J. Fox Gregory S. Gerstner (Supp.)13. Dispute Avoidance and Alternative Dispute Resolution Samuel M. Wendt Fredrick J. Ludwig (Supp.)14. Bankruptcy and Construction J. Dennis O’Leary and Lester J. Hubble15. Labor and Employment Law Issues for the Construction Industry W. Terrence Kilroy, Julie A. Elston, and David M. Kight Jay M. Dade (Supp.)16. Indefinite Delivery Contracts Denise E. Farris

15


Consumer Law and Practice Consumer Law and Practice an-swers the need for resources in this area of the law. The book begins with a well-organized chapter that is a veritable checklist of the possible causes of action in a consumer case. Following is a chapter on motor vehicle issues from fraudulent sales to lemon laws to leases to financing to a debtor’s rights in a repossession case. Then come chapters on home purchases—contract enforcement, disclosures, and misrepresentations—and home ownership and financing—predatory mortgage lending, foreclosures, and foreclosure rescue scams. A chapter on fringe lending and selling covers payday loans, title loans, and small loans and includes practice tips and checklists. Find a chapter on debt collection and one on consumer credit, which discusses credit bi l l ing, credit discrimination, credit reports, and identity theft and includes sample forms. Find a very helpful chapter on investments and securities that breaks down the claims available and clearly sets out the elements. The authors of the arbitration chapter generously share their valuable experience and point out potential pitfalls. There is a chapter on fourteen miscellaneous consumer protection statutes, including preneed funeral contracts, and a chapter on consumers’ rights to cancel particular contracts Of great interest is a chapter on getting paid for representing consumers. Find a list of fee-shifting statutes, coverage of pleading and proof of fees, information on fee agreements, including two sample agreements. The final chapter focuses on the Missouri Merchandising Practices Act, class actions, and defenses,

Contents

1. How to Analyze a Consumer Case Michael A. Ferry 2. Motor Vehicles Laura E. Clubb and John P. Clubb 3. Home Purchases Norah J. Ryan 4. Home Ownership and Financing Deborah R. Sterling Scott and Deborah L. Price 5. Fringe Lending and Selling Debra K. Lumpkins 6. Debt Collection: Fair Debt Collection Practices Act; Defending Consumer Suits Dale K. Irwin, Debra K. Lumpkins and Amy Sweeney Davis 7. Consumer Credit Debra K. Lumpkins, Michael W. McCrary, and Robert W. Cornejo 8. Investments and Securities Patrick T. Morgan 9. Arbitration Erich Vieth and John E. Campbell

10. Miscellaneous Consumer Protection Statutes Michael A. Ferry11. Canceling a Consumer Contract Michael A. Ferry12. How to Get Paid for Representing Consumers Joseph W. Wantuck13. Procedural Considerations Under the MMPA and Other Consumer Suits Douglass F. Noland and Thomas K. Mendel

Details and Price

(3rd ed. 2010) 596 pp.

$195

Forms on CD-ROM

including statute of frauds, statute of limitations, minority, arbitration, and unconscionability. This deskbook contains many lists of available resources, including online resources. Included with the book is a full-text, fully searchable CD-ROM that also includes the sample forms in the deskbook. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org. New

Edition

16


Contracts Missouri Contracts is a compre-hensive resource on contract law in Missouri. It provides answers to your most pressing questions. What are the requirements for a valid contract? What are the elements of breach of contract? What are the defenses to breach of contract? What are the nuts and bolts of liti-gating a breach-of-contract claim? When must a contract be in writing? How do you measure damages for breach of contract? When can specific performance be required? How have courts handled the is-sues that arise in third-party ben-eficiary contracts? Can a contract right or obligation be assigned to a third party, and how is that accom-plished? What is a quasi-contract, and how have courts handled quasi-contract issues? What special issues should be considered when drafting construction contracts, real estate contracts, and employment contracts? The 2010 Supplement adds new sections on unconscionability and the last antecedent rule. It also an-swers these questions: Can offer and acceptance be accomplished via e-mail? Are online and software agree-to-terms-of-use agreements enforceable? In what circumstances will a court allow relief for a unilateral mistake? What is the difference be-tween procedural unconscionability

Full-TextCD-ROM

Contents

1. Formation James F. Freeman, III and Allen G. Jones Holly L. Fisher (Supp.)2. Interpretation and Construction Bradford B. Lear and Todd C. Werts3. Enforcement Mark P. Jones4. Remedies Thomas J. Niemann and John W. Rourke Benjamin J. Hegvik (Supp.)5. Third-Party Rights Peter H. Love6. Quasi-Contracts James E. Meadows7. Litigating Breach-of-Contract Claims Thomas K. Riley8. Special Drafting Considerations Susan Linden McGreevy and Paul J. Odum Michael E. Callahan and Kurtis L. John (Supp.)

The Missouri Bar Continuing Legal Education is entirely self-supporting. MoBarCLE

receives no part of member dues. The onlysources of revenue are program registration

fees and publications sales.

Details and Price

(2007) 311 pp.plus 2010 Supp., 38 pp.

$125

and substantive unconscionability? What is an adhesion contract? How should force majeure or escape clauses be drafted to be enforce-able? Missouri Contracts comes with a full-text, fully searchable CD-ROM, updated for 2010.

2010Supplement

17


Creditors’ Remedies This practical how-to book covers the mechanics of execution, gar-nishment, attachment, collections, replevin, and the other creditors’ remedies listed in the table of con-tents below. Learn the step-by-step procedure for mechanic’s liens and the procedural prerequisites—such as time limits, contents of the notice, and contents of the filing—that have to be met for the lien to be effective. Find a detailed checklist for replevin, including a sample demand letter and uses of a temporary restraining order. Get practical advice on filing systems, ledger sheets, and demand letters. Learn how to comply with the Fair Debt Collection Practices Act and what to do if the debtor files bankruptcy. Find information on the Missouri UCC and many sample forms. A full-text, searchable CD-ROM that also contains the sample forms is included with the book. For a list of the forms on the CD-ROM, visit our online CLE Publica-tions Bookstore at www.mobarcle.org.

Details and Price

(6th ed. 2009) 391 pp.

$195

Contents

1. Judgments Darry Gene Sands

2. General Executions Wendi S. Alper-Pressman

3. Garnishments Jerry W. Venters and Robert S. Baran

4. Attachments Ronald S. Weiss and Tracee L. Stout

5. Mechanic’s Liens Sherman A. Botts

6. Priorities Among Claims and Liens Nicholas A. Franke

7. Fraudulent Transfers, Receivers, and Lis Pendens Brian K. Asberry

8. Replevin Kathy A. Surratt-States, Robert E. Eggmann, and Anne C. Justice

Order online atwww.mobar.org

Questions? E-mail us [email protected]

Full-Text CD-ROM

9. Assignment for the Benefit of Creditors Mark W. Bartolacci and Allison E. Graves

11. Handling Collections David R. Gamache and Mary K. Mazanec

18


Criminal Practice This deskbook covers criminal prac-tice from arrest through postconviction remedies. It is loaded with practical advice. It provides an overview of the criminal law in Missouri and helpful practice tips, checklists, and forms to guide attorneys through the practical considerations of criminal cases. You’ll find suggested voir dire ques-tions, and the 2005 fourth edition adds an important new chapter on Drug Courts and Mental Health Courts. A full-text, searchable CD-ROM that also contains nearly 100 word-processing forms is included with the book. This 3-volume set is indispensable both for attorneys who regularly practice crimi-nal law and for those who need a quick overview for the occasional criminal case. It is an important research tool, a quick reference, and a vital addition to any Missouri legal library. The 2008 Supplement includes the latest developments in DNA testing, including what must be shown to get testing ordered for potential exonera-tion. The supplement covers enhanced sentencing requirements for repeat DWI offenders and has new sections on selective waiver of attorney-client privilege and work product protection, anticipatory search warrants, mito-chondrial DNA testing, paternity testing, cyber stalking and cyber harassment, credit for time served when determining eligibility for parole, and constitutional issues in “problem-solving” courts like drug courts. The supplement has cita-tions to more than fifty 2008 cases and updates on legislation.

Full-TextCD-ROM

Contents

1. Arrest and Custodial Detention Matthew J. O’Connor 2. Release From Custody Donald L. Wolff and Paul J. D’Agrosa 3. Investigation and Marshalling the Facts Other Than Formal Discovery James H. Worthington 4. Indictments, Informations, and Grand Jury Proceedings Gregory W. Vleisides and Catherine A. Donnelly

25. Closing Argument Timothy W. Jones26. After-Trial Motions Phillip R. Gibson and Joseph W. Luby Ellen Y. Suni (Supp.)27. Sentencing Penny J. Umstattd-Cope28. Probation, Parole, and Other Alternative Sentences Patricia Harrison29. Appeals Randall D. Eggert30. Retrials and Double Jeopardy Kris T. Daniel31. Post-Conviction Remedies James R. Wyrsch and W. Brian Gaddy Nathan J. Owings and Greg Mermelstein (Supp.)32. Ethical Considerations Bruce C. Houdek33. Forfeitures in Criminal Cases H. Morley Swingle34. Drug Courts and Mental Health Courts Christine Carpenter

5. Representing Clients Before Investigative Bodies Thomas M. Bradshaw and Amy E. Engel Vanessa M. Riebli (Supp.) 6. Preliminary Hearings Robert L. Fleming 7. Discovery by Right or Through Court Action S. Kristina Starke 8. Jurisdiction, Venue, and Disqualification of Judges Robert W. Russell 9. Search and Seizure Ellen Y. Suni Rebecca J. Grosser (Supp.)10. Identification Gerald M. Handley and Cynthia A. Dryden11. Statements of a Defendant Randall D. Eggert12. Miscellaneous Motions (Other Than to Suppress), Proceedings, and Writs Tina M. Crow Halcomb13. Motions to Dismiss Susan M. Elliott14. Defenses Kevin P. O’Brien15. Mental Factors Earl F. Seitz16. Plea Bargaining Kent E. Gipson17. Final Trial Preparation by the State Richard G. Callahan18. Final Trial Preparation for the Defense Dee Wampler and Joseph S. Passanise19. Misdemeanors Rose Ann Feldman20. Trials James R. Robison21. Voir Dire and Jury Selection Sean D. O’Brien22. Opening Statements Keith M. Bail and Chastidy Dillon-Amelung Linda Lemke (Supp.)23. Evidence S. Paige Canfield24. Instructions Sean D. O’Brien

Details and Price

3 vols. (4th ed. 2005) 1,574 pp.plus 2008 Supp., 296 pp.

$325

19


Damages More than 50 leading practitioners from a wide range of practice areas have contributed to this important deskbook, which not only discusses the specifics of evaluating damages in many different types of cases but also addresses issues such as punitive damages, apportionment, remittitur and additur, and expert witnesses. And the 2005 cumulative supplement reflects 2005 legislative changes. No matter what your area of prac-tice, you and your clients will benefit from the expertise that will be avail-able at your fingertips with Missouri Damages.

Contents

1. Damages Generally Sandra J. Wunderlich 2. Medical, Hospital, and Related Damages Frank M. Evans, III 3. Pain and Suffering Mathew W. Placzek Jenifer M. Placzek (Supp.) 4. Emotional Distress John K. Sherk, III and Micah L. Hobbs Jon A. Strongman (Supp.) 5. Loss of Earning Capacity Mathew W. Placzek Jenifer M. Placzek (Supp.) 6. Damages Available Upon Wrongful Termination of Employment Marsha B. Fischer 7. Consortium and Derivative Claims James E. Hullverson, Jr. and Stephen R. Bough H. Kent Desselle (Supp.)

8. Preexisting Conditions; Future Disease, Defect, and Damage; Loss of a Chance James R. Bartimus and Stephen M. Gorny 9. Damage to Real Property Valerie M. Sieverling10. Environmental Law and Toxic Torts Edwin L. Noel, Lisa A. Larkin, and Krista M. Schwarting Laura L. McLaughlin (Supp.)11. Damages to Personal Property Brian T. McCartney12. Reputational Damages Joseph E. Martineau and David B. Helms13. Contractual Actions Robert J. Golterman Aaron L. Pawlitz (Supp.)14. Loss of Profits John S. Sandberg15. Trademark, Copyright, and Patent Actions Gregory E. Upchurch Mark E. Books (Supp.)16. Statutory Actions for Damages George E. Leonard Heather A. Suve (Supp.)17. Vexatious Refusal to Pay Insurance Claims Monte P. Clithero Julia Sommer Grus (Supp.)18. Wrongful Death Robert F. Ritter, Stephen R. Woodley, and Morry S. Cole19. Punitive Damages R. Dan Boulware and Todd H. Bartels20. Attorney Fees and Interest Clark H. Cole and Theresa L. Heitz Jacqueline Ulin Levey (Supp.)

Details and Price

2 vols. (2nd ed. 2001) 852 pp.plus 2005 C. Supp., 191 pp.

$245

21. Use of an Expert in Proving Damages John D. Wooddell and Jeffrey W. Bates Robert S. Bruer (Supp.)22. Apportionment of Damages Sandra J. Wunderlich23. Remittitur and Additur Barbara Glesner Fines Ginger K. Gooch (Supp.)24. Special Problems Ronald R. McMillin Paul T. Graham (Supp.)

20


Discovery

Missouri Discovery covers a cru-cial aspect of trial practice and is an important component of the Mo-BarCLE library. The authors begin with in-depth coverage of the scope of discovery and continue with chapters focusing on the various discovery methods as shown in the table of contents below. Attorneys of all experience levels will benefit from the practical, well-organized discus-sion of court rules and caselaw, making the book a handy reference and important resource. Included with the book is a CD-ROM containing the sample forms in the deskbook. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Forms on CD-ROM

Contents

1. Introduction Katherine Clendenin Lemley Seema Chawla (Supp.)

2. Scope of Discovery Katherine Clendenin Lemley Seema Chawla (Supp.)

3. Interrogatories Katherine Clendenin Lemley Seema Chawla (Supp.)

Details and Price

(2003) 196 pp. plus2007 Supp., 24 pp.

$125

4. Depositions Katherine Clendenin Lemley Seema Chawla (Supp.)

5. Discovering Evidence for Trial Through Production of Documents and Things and Entry Upon Land R. Denise Henning Jeff R. Scurlock (Supp.)

6. Discovering Evidence for Trial Through Requests for Admission R. Denise Henning Jeff R. Scurlock (Supp.)

7. Discovering Evidence for Trial Through Physical and Mental Examinations R. Denise Henning Jeff R. Scurlock (Supp.)

8. Miscellaneous Matters Katherine Clendenin Lemley Seema Chawla (Supp.)

9. Forms Katherine Clendenin Lemley Seema Chawla (Supp.)

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21


DWI Law and Practice DWI cases can be complex and confusing. DWI Law and Practice is the resource you need to clarify this area of the law and provide answers for you and your client. Our authors and reviewers include attorneys who have prosecuted and defended these cases, judges, and Department of Revenue staff. They discuss the cases, statutes, regula-tions, procedure, and practice points involved in handling DWI cases. Find out about the criminal, civil, administrative, and insurance rami f icat ions of DWI. Learn about SATOPs, ignition interlock devices, Alcohol Influence Reports, breathalyzers, field sobriety testing, chemical test refusal cases, NHTSA, limited driving privileges, SR-22s, and much more. There are even specific chapters on driving under the influence of drugs, commercial drivers, and boating while intoxicated. Included are sample driving records, checklists, and online resources. The book includes sample forms on CD-ROM, updated for 2010. The 2010 supplement includes 2010 legislative changes and caselaw and two rewritten chapters. For a list of the forms on the CD-ROM, visit our CLE Publications Bookstore at www.mobarcle.org.

Forms on CD-ROM

Contents

1. Chemical Test Refusal Cases John F. Newsham, Elisa K. Robinson, and David L. Naumann Scott A. Hamblin (Supp.) 2. Client Counseling Issues Robert W. Miller, Jeffrey R. Dahl, and Jill T. Roberts 3. Criminal Ramifications of DWI Kimberly J. Benjamin 4. Civil and Insurance Consequences of DWI Joseph A. Cambiano, Ben T. Schmitt, and Cullen Cline 5. Overview of Substantive Law Regarding DWI Rusty Antel 6. Search and Seizure Issues Katharine Shepherd Porter Thomas E. Crocco (Supp.) 7. Experts and the Science of Chemical Tests Lawrence E. Wines 8. Civil Sanctions James A. Chenault, III 9. Abuse and Lose Timothy R. Cisar10. Driver’s License Suspension, Revocation, and Reinstatement James A. Chenault, III11. Understanding the Client’s Driving Record Waylene W. Hiles Charles L. Gooch (Supp.)12. Considerations in Prosecuting DWI Cases Douglas S. Pribble13. Pre-Trial Considerations Shane L. Farrow Scott C. Hamilton (Supp.)14. Standardized Field Sobriety Testing and Cross- Examination of the Arresting Officer J. Matthew Guilfoil15. Jury Trial Considerations Timothy W. Jones Lawrence E. Wines (Supp.)

16. Sentencing Considerations Seth D. Shumaker17. Appeal Issues Janet M. Thompson and James A. Chenault, III18. Multijurisdictional Issues Sarah J. Dobecki and Elisa K. Robinson Jason T. Umbarger (Supp.)19. Federal DWI Cases Bradley S. Dede20. Commercial Driver’s License (CDL) Law Sandra A. Mears21. Boating-While-Intoxicated Cases—Compared to Driving- While-Intoxicated Cases Erik A. Bergmanis22. Driving Under the Influence of Drugs Joseph A. Cambiano

Details and Price

(2004) 615 pp. plus2010 C. Supp., 203 pp.

$195

2010Supplement

22


Elder Law Elder law is an important and fast-developing area of the law. MoBarCLE has answered the call for information and sharing of expertise in this area with Mis-souri Elder Law. This deskbook provides practical advice on setting up and manag-ing an elder law practice, including sample forms and checklists, and for advising clients on available options and services. The comprehensive chapter on retire-ment benefits includes sections on Social Security, railroad retirement, military re-tirement, government pensions, ERISA, deferred compensation, and nonprofits. Learn about the types of trusts available to help your clients and the benefits and features of those trusts, including special needs trusts and d4A trusts. Find a chapter dedicated to the areas of income tax law that have special application to the elderly or that might be of particular interest to them. Chapter 5 contains a thorough, clear summary of the Medicare programs, including Part D prescription drug coverage. The chapter includes practical tips and discussion of what is covered, the appeals process, and time limits. Learn how to better advise your clients to plan for and pay for long-term care with information on what costs to plan for, long-term-care insurance, other resources available, tax implications, and an algorithm for computing the cost of long-term care. Find coverage of major changes in Medica id and MO Heal thNet , including what is covered and eligibility requirements. Find coverage of family rights and responsibilities that arise in the elder law setting, the FMLA, and ethical issues that attorneys need to consider when working in this area. Chapter 9 includes a straightforward discussion of powers of attorney, including sample language for specific powers, and covers financial powers of attorney, durable powers of attorney for health care, and health care and life support declarations. The deskbook also includes a chapter that walks you through the process of appointing a guardian or conservator and of administering a guardianship or conservatorship. You will find chapters on nursing home residents’ rights and on elder abuse and neglect that include

Full Text CD-ROM

Contents

1. Managing the Elder Law Practice Lois M. Zerrer 2. Retirement Benefits Simone Haberstock McCartney and James Francis McCartney 3. Using Trusts for Persons Who Are Elderly or Have a Disability Craig C. Reaves 4. Income Tax Planning and Issues Joseph Haverstick 5. Medicare and Supplemental Health Insurance Barbara J. Gilchrist and Reginald H. Turnbull 6. Planning and Paying for Long-Term Care David S. Purcell 7. MO HealthNet Julie A. Berkowitz 8. Family Rights and Responsibilities Barbara E. Hecht, Bruce E. Friedman, and David W. Whipple 9. Planning for Incapacity With Powers of Attorney Janet Nava Bandera10. Guardianship and Conservatorship Martha C. Brown

discussions of remedies, penalties, indicators, and protections available. You will also find chapters to help you advise your clients on housing alternatives and home and community-based services, including the Missouri Aging Information Network and the Missouri Rx Plan (MoRx). This deskbook contains many lists of available resources, including online resources. Included with the book is a full-text, fully searchable CD-ROM that also includes the sample forms in the deskbook.For a list of the forms on the CD-ROM, visit our online CLE Publica-tions Bookstore at www.mobarcle.org.

11. Nursing Home Residents’ Rights Derek H. Pottts and Patricia L. Campbell12. Elder Abuse and Neglect Karen C. Warren13. Housing Alternatives John J. Ammann13. Home and Community-Based Services David P. Sykora and Margaret L. Stansbury

Details and Price

(2nd ed. 2010) 669 pp.

$195

NewEdition

23


Employer-Employee Law This third edition of Missouri Employer-Employee Law continues the evolution of coverage of labor law in the MoBarCLE publications library. This edition has been greatly expanded and reorganized as the table of contents below shows. This two-volume book covers a broad range of topics that affect employers of all types and sizes and their employees. It includes a coverage chart of procedures before the Missouri Commission on Human Rights and procedures before the EEOC. Find comprehensive coverage of the Fair Labor Standards Act, including minimum wage, overtime, and exempt employees. Learn the 12 factors a court considers in determining whether a worker is an employee or an independent contractor and see examples of holdings of whether certain workers were employees or contractors. Find practical guidance for calculating employees’ hours worked, including whether to include break time, on-call time, training time, and travel time. Find information about unions and union activity. Find OSHA requirements, including everything from ventilation to protective equipment to scaffolding, and the mechanics of an OSHA inspection. The chapter on covenants not to compete includes examples of cases finding enforceable covenants, listed by type of employment, and a checklist for enforcing or defending a breach-of-covenant claim. What are an employer’s responsibilities for protecting employees’ private health information under HIPAA? What are an employer’s recordkeeping requirements? When is an employer liable for violence in the workplace? Find answers to these questions and more. Missouri Employer-Employee Law comes with a full-text, fully searchable CD-ROM that includes sample forms. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Contents

1. Introduction David M. Kight 2. Federal and State Law Governing Public Employees Sally E. Barker, Loretta K. Haggard, James C. Chostner, and Patrick K. Shinners 3. Missouri Open Meetings/ Open Records Law (Sunshine Law) James H. Klahr 4. Unemployment Compensation James R. Skain 5. Leaves of Absence James M. Paul 6. Uniformed Services Employment and Reemployment Rights Act Ferne P. Wolf 7. Fair Labor Standards Act Charles E. Reis, IV 8. Missouri Wage Payment and Commissions Acts Michael Waxenberg 9. Missouri Service Letter Statute Rosetta B. Robins and Patrice Brown10. National Labor Relations Act: A Brief Overview William C. Martucci11. Duty of Fair Representation G. Gordon Atcheson12. Handbilling, Picketing, and Strikes Terry L. Potter and Paul D. Satterwhite13. Occupational Safety and Health Act Russell C. Riggan14. Worker Adjustment and Retraining Notification Act Teresa L. Clark15. Privacy Issues in the Workplace—Drug Testing, Surveillance, Polygraphs, and Other Issues Amy L. Nixon

16. Immigration Issues in the Workplace Michael J. Gallagher17. Restrictive Employment Covenants David M. Kight18. Child Labor Laws Ira L. Blank19. Prevailing Wage D. Shane Jones20. Health Insurance Portability and Accountability Act Jane C. Drummond21. Continuation of Coverage Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) Nancy Morales Gonzalez22. Coverage Chart for Missouri and Federal Law Cyrus C. Dashtaki23. Recordkeeping Obligations Amy R. Brown24. Workplace Violence and Threats George L. Lenard25. Professional Employer Organizations Denise M. Anderson

Details and Price

Full-Text CD-ROM

2 vols. (3rd ed. 2008) 841 pp.

$245

24


Employment Discrimination The first edition of Missouri Employ-ment Discrimination grew out of and complemented Missouri Employer-Employee Law. This second edition of Employment Discrimination has been greatly expanded and reorganized as the table of contents below shows. Coverage includes discrimination on the basis of sex, age, race, national origin, religion, and disability; the ad-ministrative process; burden of proof; sexual harassment; affirmative action; remedies; alternative dispute resolu-tion; retaliation claims; time limits; and a chapter on e-discovery. This book is considered one of the best in the MoBarCLE library for com-bining the legal theory and the practi-cal implications for both plaintiffs and defendants. It sets out the elements of claims and defenses and weighs the advantages and disadvantages of various strategies. For plaintiffs’ counsel deciding whether to pursue a claim with the EEOC, file in state court, file in federal court, or consider mediation, it brings all of the important information together in one place. It is also a great resource for defendant employers’ counsel, especially on is-sues such as burden of proof. Learn why there are increased filings of employment discrimina-tion claims in state court rather than federal court. Learn the importance of the Supreme Court of Missouri’s holding in Daugherty v. City of Mary-land Heights and what it said about the plaintiff’s burden of proof in state court. Find out about specific plead-ing requirements. Find specific and practical steps employers can take to reduce incidents of (and liability for) harassment in the workplace. Learn EEOC procedures and find a good discussion of the current state of af-firmative action. Missouri Employment Discrimi-nation comes with a full-text, fully searchable CD-ROM that includes sample forms. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Contents

1. Introduction David M. Kight 2. Missouri Human Rights Act— An Overview Mark Allen Jess 3. Prohibition Against Harassment in the Workplace Susan Nell Rowe, Jennifer J. Raymond, and Doreen D. Dodson 4. Title VII of the Civil Rights Act of 1964—An Overview Robert G. Johnson 5. Gender Discrimination John A. Vering, III and Jennifer P. Kyner 6. Equal Pay Act Katherine L. Nash 7. Employment Discrimination Claims Under 42 U.S.C. § 1981 Charles S. Elbert 8. Claims Under § 1983 of the Civil Rights Act of 1866: Constitutional Rights and Public Employment David F. Barrett 9. National Origin Discrimination Mark A. Buchanan10. Age Discrimination David M. Heimos11. Race and Color Discrimination Nimrod T. Chapel, Jr.12. Religious Discrimination Kerri S. Reisdorff13. Family and Medical Leave Act Lois Spritzer14. Disability Discrimination Under the Missouri Human Rights Act Donna L. Harper 15. Wrongful Discharge and Retaliation in Violation of Public Policy Marie L. Gockel and Lynne Jaben Bratcher16. Sarbanes-Oxley Act of 2002 and the Employer-Employee Relationship Megan M. Belcher

Full-Text CD-ROM

17. Discrimination for Protected Concerted Activity Under the National Labor Relations Act Megan M. Belcher18. Affirmative Action Veronica Johnson19. Burden of Proof Daniel K. O’Toole and Gail Vasterling20. Remedies Marilyn G. Green and Matthew R. Heeren21. Alternative Dispute Resolution Jerome A. Diekemper22. Electronic Discovery in Employment Cases Erin A. Webber and Phillip L. Gordon23. Time Limits on State and Federal Employment Discrimination Claims Julia D. Kitsmiller

Details and Price

(2nd ed. 2008) 610 pp.

$195

25


Environmental Law This two-volume deskbook is produced through the work and commitment of The Missouri Bar’s Environmental and Energy Law Committee and covers common and increasingly important issues. Learn about community and worker right-to-know laws and emergen-cy planning. Find information on Brownfields redevelopment and agricultural issues such as CAFOs and anhydrous ammonia handling and storage requirements. Get information on lead-based paints, asbestos, PCBs, and pesticides. Learn about compliance—including inspections, audits, and recordkeep-ing and reporting requirements—as well as civil and criminal liability and private causes of action. This book describes the impact of environmental issues on business—including corporate and real estate transactions, lender liability, and securities disclosures—and insur-ance coverage. This book provides information on federal and Missouri state agency and administrative law issues, including rulemaking, review, and appeal procedures. This book also discusses waste management, CERCLA (Superfund), types of pollution, conservation and natural resources protection, and other mat-ters. Get practical tips, tables, and lists of other resources. The book is a valuable resource for every lawyer and is especially essential for lawyers facing environ-mental issues.

Contents

1. Introduction Richard L. Waters and JoAnne Levy David A. Shorr (Supp.)

14. Asbestos Dale E. Hermeling Frank H. Hackmann (Supp.)15. Community and Worker Right-To-Know Laws Daniel Bukovac16. The National Environmental Policy Act Lewis C. Green, Bruce A. Morrison, and Kathleen G. Henry17. Noise Pollution Robert J. Vincze18. Natural Resources and Preservation Law James H. Arneson and Christiaan D. Horton19. Private Actions for Environmental Property Damage and Personal Injury Joel R. Mosher and David E. Shay20. Brownfields Redevelopment Eugene P. Schmittgens, Jr.21. Agricultural Issues Mark D. Anstoetter and Kathryn A. Larkins Justin W. Howard (Supp.)

Details and Price

2. Regulatory Agencies and Administrative Law Issues David R. Tripp and Rebecca D. Bishop 3. Environmental Compliance Terry J. Satterlee and Sue M. Honegger Thomas J. Grever (Supp.) 4. Civil and Criminal Liability Linda W. Tape, Stacey L. Stater, Sturla Olsen, Jane H. Schilmoeller, and Robert J. Wagner David R. Erickson, L. John Nelson, IV, and Anne M. Carlson (Supp.) 5. Impact of Environmental Issues on Business Transactions John E. Price 6. Insurance Coverage for Environmental Liabilities James T. Price 7. Air Pollution Steven J. Poplawski, Michael C. Ford, Jacqueline M. King, Scott A. Young, Peter H. Oppenheimer, Robert Van Vorhees, Thomas N. FitzGibbon, and Carla A. Wortley Brandon W. Neuschafer (Supp.) 8. Water Pollution Roger A. Walker and Aimee Davenport 9. Superfund and the Missouri Abandoned or Uncontrolled Sites Law Bradley S. Hiles and Cathleen S. Bumb W. C. Blanton, Daryl G. Ward, and Alison M. Nelson (Supp.)10. Solid Waste Management Ellen S. Goldman11. Hazardous Waste Management Richard L. Green12. Underground Storage Tanks David A. Stratmann and J. Eric Berry Nimrod T. Chapel, Jr. and Dwayne C. Jefferson (Supp.)13. Toxic Substances David R. Erickson and Kirk F. Marty M. Camila Tobón (Supp.)

2 vols. (2nd ed. 1998) 902 pp.plus 2007 C. Supp., 377 pp.

$245

26


Evidence This fifth edition of Missouri Evidence departs from earlier editions. The book was completely rewritten by practicing at-torneys and judges into a more narrative format with explanations and overviews of the law and practical applications of evidence. Another innovation with this edition is that it comes with a full text, fully searchable CD-ROM. Learn the 4 exceptions to the general rule that the character of a party in a civil action is not admissible and the 7 exceptions to the general rule that evidence of subsequent remedial measures is inadmissible in a negligence action. Learn how to pre-serve an objection for appeal, including how to make an offer of proof and the 5 exceptions to the requirement to make an offer of proof. Learn the 4 things to show to over-come the presumption that a child under ten is incompetent to testify and the 2 situations when a court may refuse a criminal the right to testify. Get sample questions and answers from witness examinations and to qualify an expert. Find out about the changes to admis-sibility of certain evidence brought about by legislative changes. Learn what evidentiary privileges Mis-souri courts recognize—is there a GAL privilege? What are the 4 requirements for an admission by silence? Does Missouri have a dead man’s statute? What are the 4 obstacles to admitting a document into evidence? What are the 7 criteria for laying a proper foundation for admitting an audio recording? Do Missouri courts follow Frye or Daubert? Why is digital evidence significant to your litigation strategy? How do warrantless searches apply to digital evidence? The 2010 Supplement includes dis-cussions of res ipsa loquitur, the rear-end collision doctrine, the sudden onset doctrine, curative admissibility, new rules regarding discovery of expert opinions, and new provisions in the Federal Rules of Civil Procedure addressing discovery of electronic evidence. The supplement also contains new sections on admissi-bility of evidence of remedial measures to show motive and intent for punitive damages purposes, cases interpreting § 490.715, RSMo, regarding proof of value

Full-TextCD-ROM

Contents

1. Introduction Benjamin Borengasser 2. Relevancy and Admissiblity John W. Kurtz 3. Burden of Proof Stephen H. Ringkamp and Theresa A. Appelbaum 4. Substitutes for Proof Joseph W. Wantuck 5. Weight and Sufficiency Robert K. Kerr Eric S. Johnson (Supp.) 6. Objections and Rulings on Evidence Paul J. Passanante and Dawn M. Mefford Luke E. Wells (Supp.) 7. Attendance of Witnesses T. Bennett Burkemper, Jr. 8. Competency of Witnesses Christian L. Faiella 9. Examination of Witnesses Lynn A. Miller10. Credibility and Impeachment of Witnesses Jonathan T. Barton and Stephen Palley William A. Roach, Jr. (Supp.)11. Character Evidence Sandra J. Wunderlich12. Habit, Custom, Routine Practice, Similar Happenings James R. Wyrsch and Stephen G. Mirakian Christopher Mirakian (Supp.)13. Admissibility of Subsequent Remedial Measures, Insurance Coverage, Settlements, Plea Bargains, and Collateral Payment of Medical Expenses Eric G. Jensen14. Privileges Robert Herman, Mary E. Davidson, and Jeffrey A. Goldfarb

15. Hearsay James D. Boggs16. Hearsay Exceptions James W. Erwin17. Opinion Evidence and Expert Testimony Timothy W. Monsees18. Documents Kenneth E. Siemens and Benjamin S. Creedy19. Other Real and Demonstrative Evidence Keith A. Cutler20. Scientific Evidence Brian S. Franciskato Dean E. Nash (Supp.)21. Digital Evidence Craig Chval

of medical treatment, and use of positron emission tomography (PET) scans as evidence in criminal cases.

Details and Price

(5th ed. 2006) 568 pp. plus2010 Supp., 114 pp.

$195

2010Supplement

27

Seth A. AlbinWendi S. Alper-Pressman

John J. AmmannRusty Antel

Theresa A. AppelbaumKatherine J. Bailes

Janet Nava BanderaRobert S. BaranGary D. Barnes

Jonathan T. BartonDouglas S. Beck

Kimberly J. BenjaminPaul H. Berens

Erik A. BergmanisJulie A. Berkowitz

Dawn M. BessermanBeth C. Boggs

James D. BoggsBenjamin James Borengasser

Sonya Day BrandtClifford S. BrownMartha C. BrownAnn E. Buckley

Hon. T. Bennett Burkemper, Jr.Hon. S. Margene Burnett

Michael E. CallahanJoseph A. Cambiano

John E. CampbellPatricia L. Campbell

T. Jack ChallisHarry Charles

Kevin CheckettJames A. Chenault, III

Craig ChvalTimothy R. Cisar

Cullen ClineJohn P. ClubbLaura E. Clubb

Jane CohenRobert W. CornejoCarla R. Counsil

Steven N. CousinsBenjamin S. CreedyThomas E. Crocco

Keith A. CutlerJeffrey R. Dahl

Diana S. DaughertyMary E. Davidson

Amy Sweeny DavisRita J. Diehl

Jennifer DoeringColleen M. DonohueHon. Dennis R. Dow

Susan K. EhlersDavid E. Elliott

Jerald S. EnsleinLisa A. Epps

Frederick J. ErnstJames W. Erwin

Lynn M. Ewing, III

Christian L. FaiellaBuford L. Farrington

Hon. Arthur B. FedermanMichael A. Ferry

Sheryl Feutz-HarterRichard V. FinkHolly L. Fisher

Kathleen A. ForsythBrian S. FranciskatoLaurence M. Frazen

James F. Freeman, IIIDana Frese

Bruce E. FriedmanC. Marshall Friedman

Nancy J. GargulaBarbara J. GilchristChristine A. Gilsinan

Thomas G. GlickJeffrey A. GoldfarbCharles L. Gooch

Allison GravesJohn R. Gunn

Brandon S. GutshallKaren E. HajicekElizabeth HalazMicah D. Hall

Theresa Shean HallScott A. HamblinBrian E. HamburgScott C. HamiltonMike T. Harvath

Joseph HaverstickBarbara E. Hecht

Benjamin J. HegvikSarah C. Hellmann

David B. HelmsPaul V. HerbersRobert HermanJeremy J. Heslin

Elizabeth C. HesselbachPaul C. HettermanBrian W. Hockett

Jennifer K. HuckfeldtLaura Uberti Hughes

Dale K. IrwinCharles F. Jensen

Eric G. JensenMax JevinskyKurtis L. John

Eric S. JohnsonKirra N. JonesMark P. Jones

Bennett S. KellerJ. Ryan Kelly

Emily J. KembellCarolyn H. KerrRobert K. Kerr

Robert G. KisterRoberta Kostrow

John W. Kurtz

David A. LanderThomas L. LasleyBradford B. Lear

Christopher P. LeritzJoseph L. LeritzJ. Emmett Logan

Peter H. LoveFredrick J. LudwigDebra K. LumpkinsMichael E. Magliari

Scott H. MalinEvelyn Gwin Mangan

Scott R. ManuelJoseph E. MartineauMichelle M. Masoner

Vanita R. MasseyGary Mayes

Matthew S. McBrideBrian T. McCartney

James Francis McCartneySimone Haberstock McCartney

Michael W. McCraryCharles H. McKenzie

Dana C. McWayJames E. MeadowsThomas K. MendelJennifer A. Merlo

Lynn A. MillerKent W. Minton

Christopher MirakianTimothy W. Monsees

Patrick T. MorganShannon Wright Morgan

Gary L. MyersDean E. NashSteve Newman

Thomas J. NiemannDouglass F. NolandJoseph P. O’Keefe

Stephen PalleyHon. Paul K. Parkinson

Paul J. PassananteThomas M. Pavelko

Joel PelofskyBrooke R. PerlynNicole R. PiskuricLarry A. Pittman, IIThomas J. Plunkert

Derek H. PottsDouglas S. PribbleDeborah L. PriceDavid S. PurcellCraig C. Reaves

Hon. Charles E. Rendlen, IIIRonald S. Ribaudo

Virginia G. RiceThomas K. Riley

Stephen H. RingkampCharles W. Riske

William A. Roach, Jr.

Jill T. RobertsJohn W. RourkeNorah J. RyanBen T. Schmitt

Deborah R. Sterling ScottRobert SelsorMary S. ShaferPurvi M. Shah

Seth D. ShumakerKenneth E. SiemensJason D. Simmons

Ann F. SnitzerSherry A. Snyder

Margaret L. StansburyMark G. Stingley

Mitchell B. StoddardGary D. Streeting

B. Matthew StrubleDan S. SturdevantKim S. Summers

Hon. Kathy A. Surratt-StatesDavid P. SykoraCharles E. Taylor

Susan Baker TesonJanet M. Thompson

Laura ToledoDavid A. Townsend

J. William TurleyReginald H. TurnbullJason T. UmbargerDavid M. Unseth

Elizabeth A. Vasseur-BrowneHon. Jerry W. Venters

Eric ViethJoseph L. Walsh, IIIJoseph W. Wantuck

David A. WarfieldAnn Monaco Warren

Karen C. WarrenMark G.R. WarrenDavid G. WatkinsRonald S. Weiss

Luke E. WellsTodd C. Werts

Daniel P. WheelerDavid W. WhippleSamuel WilkersonGregory D. Willard

Abigail B. WillieLawrence E. Wines

Rebbecca Lake WoodE. Ann Wright

Cassandra L. WritzSandra J. Wunderlich

James R. WyrschCasper Scott YostPaula M. YoungLois M. Zerrer

Bart B. Zuckerman

MoBarCLE Publications 2010 VolunteersThe following Missouri Bar members served as volunteer authors, reviewers, or planning committee members for publications published in 2010. We are grateful for their service to The Missouri Bar.

30

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Please return form to:MoBarCLE Department, P.O. Box 119, Jefferson City, MO 65102-0119

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and prepare course materials.

Volunteer moderators make introductionsand keep the programs running smoothly.

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31


Evidence Guide Missouri is one of only a handful of states that do not have evidence codes or stated rules of evidence. As a practical guide for Missouri lawyers and judges, The Missouri Bar has recast Missouri evidence law as it has developed in cases, statutes, and other authorities in the format and style of the Federal Rules of Evidence—not to change the law relating to evidence but to provide practical materials in this vital area. Missouri Evidence Guide has been edited into a compact format to make it easier to carry along, and it is tabbed to correspond with the Federal Rules of Evidence. Numbers have been added in the margins to speed the location of sections, and objections have been added to make Missouri Evidence Guide a ready reference for Missouri lawyers and judges. This is the evidence book you’ve been waiting for.

Contents

1. General Provisions

2. Judicial Notice

3. Presumptions

4. Relevancy and its Limits

5. Privileges

6. Witnesses

7. Opinions and Expert Testimony Hearsay

8. Authentication and Identification

9. Contents of Writings, Recordings, and Photographs

10. Objections

Details and Price

(2003) 279 pp.

$125

MoBarCLE deskbooks are developed specifically for Missouri attorneys. Because these books cover Missouri law, they save you time, make your work easier, and make you more productive.

If you’re not using MoBarCLE deskbooks, your competition may know somethingyou don’t.

Let The Missouri Bar CLE deskbooks help you.

32


Family Law Family law is a challenging, rapidly expanding, and ever-changing area of the law, making this 2-volume set a best seller in the MoBarCLE library. This deskbook deals with the legal problems of all aspects of family law, including child support and custody; antenuptial, postnuptial, and separa-tion agreements; parenting plans; alternative dispute resolution and collaborative law; dissolutions; tort and criminal liability; property and taxation; parentage and reproduc-tion; and enforcement of judgments and orders. Missouri Family Law provides Mis-souri attorneys with comprehensive coverage of this vital area of the law. The sixth edition includes over 50 sample forms on CD-ROM and new chapters on Parenting Plans, The Family Support Division, and Alter-native Means of Reproduction. For a list of the forms on the CD-ROM, visit our online CLE Publica-tions Bookstore at www.mobarcle.org.

Forms on CD-ROM

Contents

1. The Lawyer’s Role in Family Law David B. Lacks 2. Marriage Scott M. Mann 3. Annulment Daniel R. Sokol and Sanford J. Boxerman Barbara C. Bentrup (Supp.) 4. Antenuptial and Postnuptial Agreements Bruce E. Friedman and Justin W. Ruth 5. Mediation and Other Forms of Alternative Dispute Resolution Alan E. Freed

24. Enforcement of Judgments and Orders Alisse C. Camazine and Lisa G. Moore Ryan L. Munro (Supp.)25. The Uniform Interstate Family Support Act Jill S. Kingsbury Janelle Jennings-Drummond (Supp.)26. Modification of Decrees Kevin Hoop and John A. Reed27. Conflict of Laws Allan H. Zerman and Cary J. Mogerman Joseph J. Kodner (Supp.)28. Parentage Allan F. Stewart29. Rights of the Unwed Kimberly J. Bettisworth Benicia A. Baker-Livorsi (Supp.)30. Alternative Means of Reproduction Tim R. Schlesinger

6. Dissolution of Marriage Anita I. Rodarte 7. Separation Agreements Daniel J. Pingelton 8. Parenting Plans Scott A. Robbins 9. Child Custody and Visitation Rights Margo L. Green10. Child Support and Maintenance Carla G. Holste11. The Family Support Division Daniel J. Pingelton12. Child Abuse in the Domestic Case Kathryn L. Dudley13. Adult Abuse Act and Child Protection Orders Act Christine Sill-Rogers14. Tort Liability and the Family Relationship Matthew D. Turner15. Characterization and Division of Property in Divorce Allan H. Zerman and Cary J. Mogerman Stephanie L. Jones (Supp.)16. Pensions and Deferred Compensation James P. Rosenbloom17. Taxation Clifford S. Brown18. Motion Practice Before Trial Maia Brodie and Aimee Ruder Erin M. Zielinski (Supp.)19. Discovery Michael L. Taylor20. Trial Practice Michael L. Taylor21. Use of Experts Susan J. Wirthlin22. Attorney Fees T. Bennett Burkemper, Jr.23. Postdissolution Matters Michelle S. House-Connaghan

Details and Price

2 vols. (6th ed. 2004) 1,278 pp.plus 2009 C. Supp., 268 pp.

$245

33


Farm Law Missouri Farm Law is for those attorneys who encounter the special-ized issues of Missouri farmers and the state’s agricultural industry. This deskbook includes detailed chapters covering farm real estate topics such as contracts, leases, recreational uses, fencing, strays, trespass, and water and mineral rights. It includes a comprehensive chapter on farm and agricultural taxation. It highlights environmental issues like water pol-lution, air pollution, waste manage-ment, pesticides, and fertilizers. It covers biotechnology, intellectual property, cooperatives, and the ap-plication of the UCC to crops, timber, and livestock. Agricultural law is characterized by a unique blend of federal and state regulation, and Missouri Farm Law thoroughly covers this distinct topic. The book includes sample forms, charts, and checklists and provides extensive lists of other resources. And this third edition comes with a full text, fully searchable CD-ROM. For a list of the forms on the CD-ROM, visit our online CLE Publica-tions Bookstore at www.mobarcle.org.

Full-TextCD-ROM

Contents

1. The Farmer and the Uniform Commercial Code Kurt A. Voss and Kevin A. Richardson 2. Environmental Issues Mark D. Anstoetter and Kathryn A. Larkins 3. Trespass Joel Pelofsky 4. Farm Real Estate Transactions Robert J. Guinness 5. Fencing Laws in Missouri and Livestock Running at Large on Public Roads Robert V. Krueger 6. Rights of Parties in Possession Amanda D. Cochran 7. Federal and State Laws Affecting the Marketing of Farm Products Ernest H. Van Hooser 8. Income Taxation of Farmers Steven H. Akre 9. Water and Mineral Rights Richard L. Waters and David V. Kenner10. Agricultural Cooperatives Wallace E. Brockhoff and Chad Cook

Details and Price

11. Selected Biotechnology Issues J. Powell Carman, Brandon Neuschafer, and James Surber

(3rd ed. 2006) 478 pp.

$195

34


Insurance Practice Insurance questions are inevitable in the lives and businesses of your clients. When they turn to you for help, Missouri Insurance Practice is the resource you need to guide them through the technical and difficult issues they face. Designed as an easy-to-use, practical reference, this deskbook addresses policy language interpretation, the rights and responsibilities of both the insured and the insurance company, vexatious refusal to pay actions, and much more. Whether your c l ient is an insurance company, an individual with questions about a homeowners policy, or a business facing directors` and officers` liability issues, you will find helpful guidance in Missouri Insurance Practice. The 2010 supplement contains an organizational chart reflecting agency reorganizat ions and discusses the substantial statutory and regulatory changes and caselaw developments since the deskbook was published. The two-volume book includes sample forms on CD-ROM, updated for 2010. For a list of the forms on the CD-ROM, visit our CLE Publications Bookstore at www.mobarcle.org.

Contents

1. Regulation of Insurance in Missouri Ann Monaco Warren and Mark Gilmer Rhodes Warren 2. Supervision, Rehabilitation, and Liquidation of Troubled Insurance Companies Paula M. Young 3. Personal Insurance Stephen R. Gleason and Carolyn H. Kerr 4. Homeowners and Fire Insurance Policies Theresa Shean Hall 5. Personal Automobile Policy: Bodily Injury Liability and Property Damage Liability Coverages J. William Turley 6. Protection Against Uninsured and Underinsured Motorists James W. Riner Mark T. Harvath (Supp.) 7. Subrogation Dana Frese 8. Liability Insurance for Professionals Mark B. Berry and Kenneth K. Schmitt 9. Directors’ and Officers’ Liability J. Emmett Logan10. Property and Business Liability Commercial General Liability Coverage Joseph L. Leritz and Thomas J. Plunkert Christopher P. Leritz (Supp.)11. Surety Bonds Charles R. Leick John W. Rourke, Thomas J. Niemann, and Benjamin Hegvik (Supp.)

Forms on CD-ROM

12. Title Insurance Warren A. Donaldson and Thomas C. Conroy David A. Townsend (Supp.)13. Actions on Policies Dale L. Davis and Robert D. Lewis Robert K. Kerr and Eric S. Johnson (Supp.)14. Rights and Remedies Beth C. Boggs15. Insurance Coverage for Environmental Claims Mary L. Barrier and Cheryl B. Linder Kirra N. Jones (Supp.)16. Reinsurance Thomas M. Pavelko17. Third-Party Bad Faith Christian L. Faiella

Details and Price

2 vols. (5th ed. 2004) 919 pp.plus 2010 Supp., 267 pp.

$245

2010Supplement

35

MoBarCLE PublicationsIntellectual Property Law

MoBarCLE announces the publication of a deskbook devoted entirely to intellectual property issues. Though discussions of intellectual property law have been available in other CLE deskbooks, inc lud ing Missour i Bus iness Organizations, Missouri Damages, and Missouri Tort Law, MoBarCLE recognized the need to bring this information together. This first edition of Missouri Intellectual Property Law is a compilation and update of those materials, enhanced by the addition of two new chapters covering jurisdiction, procedure, and evidence in intellectual property cases. Top attorneys in the field have combined their expertise to bring you practical and relevant information that you can put to work for your clients immediately. This is an exciting resource for Missouri attorneys—intellectual property law information all in one place!

Contents

1. Patents Peter S. Gilster, Linda L. Lewis, Kelly K. Burris, and Gregory E. Upchurch

2. Trademarks Gregory E. Upchurch and Annette P. Heller

3. Copyright Gregory E. Upchurch and Mark E. Books

4. Trade Secrets McPherson D. Moore

5. Jurisdictional and Procedural Aspects of Intellectual Property Litigation Gregory E. Upchurch

6. Evidence in Intellectual Property Litigation Gregory E. Upchurch

Feedback and Suggestions

Do you have an idea for a new MoBarCLE deskbook or a suggestion for improving an existing one? Have you found an error in one of our books? Would you like information on becoming an author or reviewer of a MoBarCLE deskbook?

E-mail your comments or requests to [email protected] or call (573) 635-4128.

Details and Price

(2004) 196 pp.

$125

36


Juvenile Law Missouri Juvenile Law presents practical information and a com-prehensive overview of the different areas of this crucial area of the law. Learn about the structure and func-tions of the juvenile office and the role of the juvenile officer through the various stages of judicial pro-ceedings. Find out about the 3 types of protective custody and the pur-pose and conduct of social studies. This book covers who has the right to counsel and what the role of counsel is in various types of pro-ceedings, and it tells about the role of and standards for guardians ad litem. Learn the rights of the parties and participants in the various types of proceedings relating to juveniles. Compare delinquency, status of-fenses, and prosecution under gen-eral law. Find extensive coverage of child abuse and neglect and termi-nation of parental rights. This desk-book will guide you through the pro-cedure of juvenile proceedings and discusses treatment alternatives. This deskbook fills a need for attorneys who occasionally find themselves in juvenile court as well as for those practicing regu-larly there. And the book comes with a full-text, fully searchable CD-ROM that a lso inc ludes forms in word-processing format. For a list of the forms on theCD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Full-TextCD-ROM

Contents

1. The Juvenile Office Mary Kay O’Malley 2. Right to Counsel and Role of Counsel Teresa Rieger Housholder 3. Rights of the Child Kimberly Shields 4. Rights of Parents and Custodians Kelly J. DeLuca 5. Rights of Victims and Witnesses in Delinquency Proceedings Elizabeth K. Magee and Christopher D. Wilson 6. Child Abuse and Neglect Douglas E. Abrams 7. Delinquency Melissa L. McAllister 8. Status Offenses Bradley P. Grill 9. Termination of Parental Rights Mary Kay O’Malley10. Jurisdiction and Venue Shawn R. McCarver11. Special Juvenile Court Jurisdiction Issues Penny J. Umstattd-Cope12. Prehearing Procedures David G. Bandré13. Miscellaneous Motions, Examinations, and Records Maureen M. Monaghan14. Prosecution Under General Law Daniel G. Barry15. Conduct of Hearing Sara C. Michael

16. Treatment Alternatives— Delinquency Geoffrey E. Allen17. Treatment Alternatives— Neglect and Abuse Lora E. Cooper18. Interagency Cooperation and Continued Supervision James D. Beck

Details and Price

(3rd ed. 2007) 681 pp.

$195

37


Litigation Settlements Missouri Litigation Settlements is a how-to book prepared by Missouri attorneys on the proper procedures for settling a lawsuit. It is a convenient nuts-and-bolts guide in preparing closing papers and explains when to settle, why to settle, what methods to use, with whom to settle, and the effect of settling. It even contains a chapter on alternative dispute resolution. The vast majority of cases are settled. This book, which includes forms on CD-ROM, is one of the few places an attorney can get information on this important part of practicing law. The 2009 Cumulative Supplement includes coverage of structuring attorney contingency fees and the effect of the 2005 tort reform on joint and several liability, medical malpractice damage caps (non-economic damages), punitive damage caps, and prejudgment i n t e res t p re requ i s i t es . The supplement includes new sections on the use of focus groups and mock trials, partial settlements when there are both contract and tort claims, the Overhead Power Line Safety Act, prejudgment interest in Chapter 537 settlement cases, qualified settlement funds, and factoring structured settlements. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Forms on CD-ROM

Contents

1. Overview Robert L. Langdon and Lawrence B. Grebel Patrick L. Mickey (Supp.) 2. Evaluation and Settlement of Personal Injury Claims Stephen F. Meyerkord and Peter B. Hoffman 3. Mary Carter Agreements Jeffrey W. Bates Christian L. Faiella (Supp.) 4. Chapter 537 Settlements Michael W. Manners 5. Wrongful Death John L. Oliver, Jr. Derek H. Potts (Supp.) 6. Settlements With Minors and Incompetents Beth C. Boggs 7. Structured Settlements Paul L. Redfearn and C. Robert Buckley B. Colt McClelland (Supp.) 8. Releases Ronald R. McMillin Dana L. Frese (Supp.) 9. Liens, Subrogation, and Assignments Michael G. Berry and Christopher P. Rackers10. Settlements in Commercial Litigation William H. Sanders, Sr. David L. Rein, Jr. (Supp.)11. Settlements on Appeal Gerre S. Langton and Adrian P. Sulser12. Settlement With Missouri Property and Casualty Insurance Guaranty Association Kevin P. Schnurbusch

Details and Price

(2nd ed. 2001) 441 pp.plus 2009 C. Supp., 225 pp.

$195

13. Enforcement or Rescission of Settlement Agreements Keith A. Cutler14. Litigation Settlements in Probate Matters Heywood H. Davis and Dan C. Sturdevant15. Alternative Dispute Resolution Michael S. Geigerman, James W. Reeves, James R. Keller, and Jay A. Daugherty

38


Local Government Law The principles of local government law are based on a unique blend of constitutional law, statutory law, and caselaw, all of which are woven together in the third edition of Missouri Local Government Law to create a valuable research and reference tool. This deskbook is a unique resource for attorneys with local government clients or clients who deal with local government entities. But its comprehensive coverage of topics ranging from employment law to municipal court proceedings to tort liability also makes it an important resource for attorneys who might not routinely deal with government entities. The 2008 supplement covers such hot topics as collective bargaining rights for public employees and Missouri’s rewritten eminent domain laws. The supplement also includes a revised and expanded chapter on municipal court proceedings with practical lists and other helpful information. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Forms on CD-ROM

Contents

1. Constitutional and Statutory Sources of Local Government Authority Patricia Redington James H. White (Supp.) 2. Duties, Obligations, and Rights of Municipal Officers and Employees Mildred A. Motley

14. Special Purpose Agencies and Districts John B. Williams and Jay D. Haden15. Police Departments Paul A. Campo Betsy Blake (Supp.)16. Municipal Boundary Adjustments Stephen P. Chinn J. Trevor Wood (Supp.)17. Urban Development Thomas A. Cunningham

3. Employer/Employee Law Joy W. Rushing Ivan L. Schraeder (Supp.) 4. Procedure of Governmental Bodies W. Dudley McCarter, Joseph D. Ferry, and Al E. Nick 5. Missouri Open Meetings/ Open Records Law (Sunshine Law) James H. Klahr 6. Municipal Revenues, Taxation, and Expenditures Volunteers and Staff Deborah K. Deuster (Supp.) 7. Missouri Law and Land Use Controls Albert A. Michenfelder and Steven W. Koslovsky 8. Building and Housing Codes and Related Property Regulations Charles E. Callier, Jr., Steven R. Wild, and Lisa K. Thorp 9. Acquisition and Use of Municipal Property James H. White10. Governmental Tort Liability Fred Boeckmann11. Municipal Court Proceedings Thomas S. Gleditsch, Drew A. Heffner, and David E. Miller12. Intergovernmental Relations—Cooperation and Conflicts Thomas K. Riley Gregory M. Mealy (Supp.)13. Counties John B. Williams and Jay D. Haden

Details and Price

2 vols. (3rd ed. 2002) 825 pp.plus 2008 Supp., 201 pp.

$245

39


Mental Health Law

Full-TextCD-ROM

Missouri Mental Health Law dis-cusses both the civil and criminal aspects of mental health, drug and alcohol abuse, commitments, and releases. It details rights, duties,liability, and immunity of mental health professionals, law enforcement, hos-pitals, patients, counsel, and those filing applications for involuntary detentions. It outlines requirements for capacity, guardianships, conser-vatorships, restraints, least restric-tive environment, and confidentiality. Missouri Mental Health Law an-swers your most pressing ques-tions: What is the effective date of a durable power of attorney and what language is required to establish one? What are the responsibilities and the authority of a guardian or conservator? What are the required contents of a guardian’s annual re-port? What is the liability of mental health professionals, law enforce-ment officials, or persons filing an application for an involuntary com-mitment? What are a hospital’s or other facility’s duties to treat, to protect, and to warn? What are the standards and procedures for invol-untary civil commitments, including for drug or alcohol abuse? Where do you file? Should the commitment be96 hours, 21 days, 90 days, or1 year? What questions are consid-ered in a pretrial evaluation of the defendant? What are the 4 kinds of releases, and what factors does the court consider?

Contents

1. Durable Power of Attorney Sheila M. Hayes and Michael P. Gunn

2. Capacity, Guardianship, and Conservatorship Issues as They Pertain to Mentally Ill Individuals Virginia G. Rice

3. Qualified Immunity for Mental Health Professionals From Civil Liability Mary Stewart Tansey

4. Issues Arising Out of Mental Health Commitments Involving Law Enforcement Mary Stewart Tansey

5. Treatment and Related Issues During Hospitalization Sheryl Feutz-Harter

6. Involuntary Commitments and Detentions Mary Stewart Tansey

7. Forensic Mental Health P. Ann Dirks-Linhorst

Details and Price

(2006) 111 pp.

$125

This book answers all these questions and more and includes information about other resources. And this book comes with a full-text, fully searchable CD-ROM.

40


Professional Liability Missouri Professional Liability provides valuable step-by-step guid-ance through the practical consid-erations arising from the issue of liability of professionals. It includes elements of causes of action, trial practice issues, damages, proof concerns, privileges, defenses, stan-dards, definitions, criminal liability, and emerging issues. The authors walk you through duty, breach of duty, causation, damages, and de-fenses. This book includes specific chap-ters on liability for seven professions and a chapter on liability insurance for professionals. A full-text, search-able CD-ROM is included with the book.

Full-TextCD-ROM

Contents

1. Health Care Providers Kirk J. Goza, Michael D. Moeller, Adam W. Graves, and Keenya Harrold2. Attorneys Steven H. Schwartz, T. Michael Ward, and Teresa M. Young3. Accountants Joel I. Krieger and Richmond M. Enochs4. Design Professionals Gary E. Snodgrass and William S. Thomas5. Real Estate Professionals Edward R. Spalty and David A. Jermann6. Insurance Agents and Brokers Gary A. Growe7. Tort Liability for Clergy Sexual Misconduct Robert C. Cook8. Liability Insurance Mark B. Berry and Kenneth K. Schmitt

Principles of CivilityIt is the duty of each lawyer to engage in conduct that brings dignity to and promotes civility in the profession. Toward that end, each lawyer shall be:

Respectful, Trustworthy, Courteous and Cooperative

in all dealings with judges, lawyers, clients, and othermembers of the public that they serve.

Details and Price

(2005) 292 pp.

$125

41


Real Estate Practice If you ever deal with real estate issues, the fourth edition of Missouri Real Estate Practice is a must-have for your library. Its practical guidelines and comprehensive coverage of the substantive law make it an excellent resource for both beginning coun-sel and experienced practitioners. This edition features insights and practical tips from leading practitio-ners; sample forms and a forms CD-ROM; checklists; helpful diagrams; step-by-step procedures; and6 new chapters covering like-kind exchanges, environmental issues, residential leases, real estate bro-kerage, damages to real property, and alternative dispute resolution. Whether you handle real estate transactions occasionally or on a day-to-day basis, this 3-volume deskbook will equip you with the tools you need. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Forms on CD-ROM

Contents

1. Evidence of Title and Cures to Title Defects Kenneth O. McCutcheon, Jr. and Nathaniel S. Walsh Richard L. Martin (Supp.) 2. Title Insurance Stephen M. Todd James A. Leonard (Supp.) 3. Real Estate Contracts Robert Hickel 4. Real Property Exchanges James W. Davis 5. Deeds and Conveyances Michael G. O’Flaherty Todd A. LaSala (Supp.) 6. Easements and Party Walls John L. Oliver, Jr. Mark D. Murphy (Supp.)

21. Condominium and Time-Sharing Lynn M. Ewing, Jr. and Lynn M. Ewing, III22. Usury and Truth in Lending C. Robert Monroe and Rochelle B. Ecker23. Federal Regulations H. Steven Graham, Allison L. Bergman, and L. Allison Godfrey Shomari Benton (Supp.)24. Real Estate Brokerage Sherry A. Mariea25. Alternative Dispute Resolution Richard L. Routman26. Damage to Real Property Valerie M. Sieverling

7. Water and Mineral Rights Richard L. Waters David V. Kenner (Supp.) 8. Environmental Issues Impacting the Buying, Selling, and Leasing of Real Estate Crystal M. Kennedy and Jennifer M. Martin 9. Real Estate Financing John P. McNearney10. Deeds of Trust and Security Instruments Randell D. Wallace J. Worthen DeYoung (Supp.)11. Foreclosure Jeffrey T. Weisman12. Adverse Possession, Prescription, and Actions to Quiet Title W. Edward Reeves13. Partition Charles W. Riley and Thomas K. Riley14. Mechanic’s Liens Sherman A. Botts15. Federal and State Tax Liens and Other Statutory Liens David N. Zimmerman16. Commercial Lease Transactions Larrie C. Hindman and Gerald D. Weidner17. Residential Lease Transactions Julie M. Cheslik Richard E. Coughlin (Supp.)18. Landlord/Tenant Actions and Remedies Katharyn B. Davis19. Urban Development Thomas A. Cunningham20. Zoning, Subdivisions, and Annexation Stephen P. Chinn, Paul V. Rost, and T. Chris Williams J. Trevor Wood (Supp.)

Details and Price

3 vols. (4th ed. 2000) 1,299 pp.plus 2006 C. Supp., 387 pp.

$325

42


Remedies

Full-TextCD-ROM

Missouri Remedies brings together in one volume those equitable and other remedies outlined in the table of contents below. Find 15 maxims of equity brought together in one chapter. Learn the process for obtaining a TRO. Learn the differences between a writ of mandamus and a writ of prohibition. Find a checklist for replevin and a chart comparing eviction procedures. Get detailed treatment of state and federal habeas corpus proceedings along with sample forms. Learn the differences and interrelationships between civil and criminal contempt. Learn the 6 methods for a change of name and who has standing to contest an election. Learn the distinction between rescission and cancellation of an instrument. Get answers to your most pressing questions: What are the 3 phases of injunctive relief? When is a de-claratory judgment a proper remedy? Where should a petition for a writ of prohibition be filed? What is the authority for a writ of attachment? When is a writ of sequestration most commonly used? Is self-help ever an appropriate alternative to replevin?What are the 3 different procedures used for evictions? What court may issue a writ of habeas corpus? When does civil contempt become criminal contempt? What is quo warranto and when is it the exclusive remedy? What are the 4 essential elements for an equitable accounting? What are the 2 grounds for reformation of an instrument? What is the difference between a resulting trust and a

Contents

1. History, Definition, and Maxims of Equity R. Scott Gardner 2. Injunctions John Mollenkamp 3. Declaratory Judgments Jim S. Green 4. Writs of Mandamus and Prohibition James W. Erwin 5. Attachments, Sequestrations, and Garnishments R. Scott Gardner 6. Replevin Mark G. Zellmer and Shirley A. Padmore 7. Evictions and Ejectment Robert J. Wise 8. Habeas Corpus S. Paige Canfield and Christine E. Rollins 9. Contempt Paul K. Parkinson10. Change of Name Julian Bush

constructive trust and when is each used? This publication is filled with practice suggestions: includes checklists, charts, lists of other resources, and 40 sample forms ( o v e r 7 5 p a g e s — i n c l u d i n g pleadings); and comes with a full-text, fully searchable CD-ROM. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

11. Election Contests David C. Christian12. Quo Warranto Susan Ford Robertson13. Actions for Equitable Accounting David L. Zerrer14. Cancellation, Rescission, and Reformation of Instruments James A. Kessinger15. Resulting and Constructive Trusts Rebecca J. Miller

Details and Price

(2006) 454 pp.

$195

43


School Law The legal issues that concern schools, educators, students, and parents find their sources in many different areas of the law—constitutional, criminal, tort, contracts, property, and others. Missouri School Law brings these areas together in one publication that applies the legal principles to specific questions that arise in the context of public school law. What is a public school’s responsibility to a student with a disability? What are the rights of a tenured employee? How far can a school go in regulating student speech? Should a religious group be allowed to meet on school property? Can students participating in extracurricular activities be subject to drug testing? What is a school’s liability when a person is injured on school grounds? Lead author Peter G. Yelkovac and his colleagues provide answers and guidance for attorneys facing the interesting and unique challenges that arise in the law of education.

Details and Price

(2003) 156 pp. plus2008 Supp., 64 pp.

$125

Contents

1. Organization of School Districts Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac2. Funding and Finances Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac Toni I. Stegeman (Supp.)3. Contracts Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac4. School Property Thomas E. Tueth and Peter G. Yelkovac Lisa J. Berns (Supp.)5. Employment Law Thomas E. Tueth, Celynda L. Brasher, Peter G. Yelkovac, and D. Shane Jones Sally E. Barker and Loretta K. Haggard (Supp.)6. Student and Parent Rights and Responsibilities Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac Daniel E. Underwood (Supp.)

7. Control and Discipline Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac8. Liabilities and Immunities Thomas E. Tueth, Celynda L. Brasher, and Peter G. Yelkovac9. Church and State Thomas E. Tueth and Melanie Gurley Keeney Michelle H. Basi (Supp.)

44


Secured Transactions Missouri Secured Transactions is derived from Missouri Creditors’ Remedies. With the adoption in Missouri of Revised Article 9 of the Uniform Commercial Code and changes in the bankruptcy laws, this topic had expanded to the point to justify its own book. This new publication provides step-by-step guidance through the complexities of Revised Article 9 and the transition rules with helpful charts, scenarios, and practical tips. Learn the where, when, how, and how much of filing financing statements and the impact of bankruptcy on secured liens. Plus, get information on liens outside Article 9 such as liens on motor vehicles, aircraft, watercraft, and manufactured homes. A full-text, searchable CD-ROM is included with the book. The CD-ROM also includes the forms from the book in word-processing format. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Full-TextCD-ROM

Contents

1. General Governing Law— Article 9 of the Uniform Commercial Code Peter D. Kerth 2. Changes to the General Governing Law—Revised Article 9 Gwen Froeschner Hart 3. Transition Rules Jerald S. Enslein 4. Attachment—Creation of a Security Interest Bryan C. Bacon 5. Perfection of Security Interests Geoff W. Hetley 6. Priorities Nicholas A. Franke 7. Enforcement After Default Paul M. Hoffmann 8. Filing Rules Gwendelyn Garcia 9. Possessory Liens Maury B. Poscover and Adam W. Smith10. Other Liens—Non-Article 9 Statutory Liens James S. Cole

Order online atwww.mobar.org

Questions? E-mail us [email protected]

Details and Price

(2005) 316 pp.

$125

45


Sources of Proof Each chapter of Missouri Sources of Proof is a comprehensive presentation of the ins and outs of using a particular source, such as presumptions, judicial notice, records, discovery methods, exhibits, and others. Together, the chapters cover all major types of proof and how to use them. The detailed focus on a single subject provides an excellent starting point for the lawyer presented with any particular proof inquiry or problem. Find answers to questions like: Who qualifies as an expert witness and where do you look to find one? What is the foundation required to admit a business record? When should a request for admission be served? How can answers to interrogatories be used as proof in court? The book also includes helpful resources such as sample forms and a forms CD-ROM, practical tips for finding expert witnesses, a thorough witness interview checklist, extensive information on HIPAA, and a glossary of medical abbreviations and symbols and their meanings. For a list of the forms on the disk, visit our online CLE Publications Bookstore at www.mobarcle.org.

Contents

1. Introduction to a Perspective on Proof W. James Foland 2. Presumptions James R. Sharp 3. Judicial Admissions and Judicial Notice Jennifer G. Bacon and Karen M. Gleason 4. Public Records Terri L. Parker 5. Medical Records Gerald M. Sill and Joanne E. Joiner Anne C. Curchin (Supp.) 6. Business Records Paul J. Passanante 7. Statements Jeffrey W. Bates 8. Exhibits and Demonstrative Evidence Volunteers and Staff Michael T. Harvath (Supp.) 9. Interrogatories and Depositions Toni Griesbach and Mary E. Coffey Genevieve Nichols (Supp.)10. Discovering Evidence for Trial Through Production of Documents and Things and Entry Upon Land R. Denise Henning Jeff R. Scurlock (Supp.)11. Discovering Evidence for Trial Through Requests for Admission R. Denise Henning Jeff R. Scurlock (Supp.)

12. Discovering Evidence for Trial Through Physical and Mental Examinations R. Denise Henning Jeff R. Scurlock (Supp.)13. Expert Witnesses David G. Newkirk Scott Pulido (Supp.)14. Proof of Personal History Timothy W. Jones David T. Butsch (Supp.)

Details and Price

(4th ed. 2001) 474 pp. plus2009 C. Supp., 100 pp.

$195

Forms on CD-ROM

46


Taxation Law and Practice This three-volume deskbook provides comprehensive coverage of Missouri tax law and practice. It was written by skilled Missouri attorneys who share their ex-perience, expertise, and practical advice through the deskbook. It includes infor-mation relevant to individual taxpayers and to businesses. The book contains a valuable discussion of substantive law, but it is especially strong in its cov-erage of procedural issues. It covers procedures before the State Tax Com-mission, the Department of Revenue, the Administrative Hearing Commission, county boards of equalization, and other entities. Find information on filing proce-dures, deadlines, and forms. The book includes extensive internet resources, including guidance to forms. This fourth edition has a new chapter on motor fuel taxation and a much-expanded tax credits chapter. Learn the dozens of tax credits available and how to claim them. Find calculations, information about allocating income and sales of multistate businesses, a statutory reference table for municipal taxation, and DOR contact information for divisions and field offices. This unique reference should have a place on the shelf of every Missouri lawyer, but attorneys representing small businesses and local governments should definitely have it. A full-text, searchable CD-ROM that also contains word-processing forms is included with the book. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Contents

1. History and Overview of Missouri Taxation William B. Prugh 2. The Hancock Amendment Rhonda C. Thomas, Deborah K. Rush, Charles E. Callier, Jr., and Brandi M. Wilson

21. Taxation of Insurance Companies Erik R. Edwards and S. Patrick O’Bryan22. Taxation of Public Utilities Richard W. Hardy23. Motor Vehicle Taxes—Title and Registration, Sales, Highway Use, Leasing Companies William B. Prugh24. Motor Fuel Taxation John A. Bruegger25. Missouri Tax Credits John L. Gegg26. Missouri Riverboat Gaming Laws Staff and Volunteers27. Procedure—Department of Revenue Elizabeth K. Thompson28. Procedure—Administrative Hearing Commission Timothy A. Blackwell

3. Inheritance and Estate Taxation William B. Prugh 4. Income Taxation of Estates, Trusts, and Beneficiaries Ronald C. Thiewes 5. Income Taxation of Individuals John A. Bruegger 6. Income Taxation of Corporations Carole L. Iles 7. Income Taxation of Flow- Through Entities (Partnership, Limited Liability Company, and S Corporation) James J. Wotruba and Suzanne M. Rodekohr 8. Corporate Income Taxation— Multistate Activities Brenda L. Talent and Edward F. Downey 9. Sales and Use Taxes— Substantive Aspects Steven H. Akre10. Sales and Use Taxes— Multistate Activities Marian Palma Cardona11. Sales and Use Taxes— Procedural Aspects James M. Matthews12. Employment Taxes, Income Withholding, and Unemployment Contributions Harry Charles and Larry Ruhmann13. Property Taxation Brian T. Howes14. Missouri Corporation Franchise Tax Nimrod T. Chapel, Jr.15. Taxation of Exempt Organizations Duncan W. McQueen16. Municipal Taxation Wallace L. Duncan17. Local Tax Systems Harlan J. Kwiatek18. Taxation of Banks Wade L. Nash19. Taxation of Savings Banks and Savings and Loan Associations Lynn M. Ewing, III 20. Taxation of Credit Unions Leon G. Kusnetzky

Details and Price

3 vols. (4th ed. 2009) 1,516 pp.

$345

Full-TextCD-ROM

47


Time Limitations

Full-Text CD-ROM

The 2010 edition is the 22nd edition of this book and is current through the 2010 veto session of the Mis-souri General Assembly. This book provides Missouri lawyers with an easy-to-use reference containing the time limitations found in the Mis-souri Revised Statutes and Supreme Court Rules. MoBarCLE publishes this book annually and, for updating ease, it is published as two 8 1/2" x 11" per-fect-bound volumes. And the book includes a full-text, fully searchable CD-ROM.

Contents

1. State Buildings and Lands, Legislative and Executive Branches, Military Affairs and Police, and Local Governments §§ 8.003–103.163, RSMo 2. Public Officers and Elections §§ 104.170–130.081, RSMo 3. Taxation and Revenue §§ 135.015–155.080, RSMo 4. Education, Health and Welfare, Roads and Waterways §§ 160.254–238.410, RSMo 5. Lands, Conservation and Agriculture §§ 241.160–281.260, RSMo

6. Labor, Motor Vehicles, Alcoholic Beverages, Public Safety, Occupations §§ 285.100–346.120, RSMo 7. Business Organizations, Public Utilities §§ 347.025–394.312, RSMo 8. Trade §§ 400.2-702–419.060, RSMo 9. Debtor-Creditor Relations, Contracts, Property, Domestic Relations §§ 426.020–455.545, RSMo10. Trusts and Estates §§ 456.1-108–475.430, RSMo11. Courts and Civil Procedure §§ 476.083–515.200, RSMo12. Real, Personal, and Penal Actions and General Provisions §§ 516.010–516.500, RSMo13. Procedures Before Associate Circuit Judges, Statutory Actions and Torts §§ 517.031–538.225, RSMo14. Crimes and Allied Matters, Public Business and Additional Executive Departments, Codes and Standards §§ 540.060–701.509, RSMo15. Criminal and Municipal Procedure Rules 19.07–38.0816. Civil, Juvenile, and Small Claims Procedure Rules 43.01–146.01

Details and Price

2 vols. (22nd ed. 2010) 651 pp.

$75

NewEdition

48


Tort Law Missouri attorneys have relied on Missouri Tort Law for over 30 years as a practical, dependable resource on liability issues. Now, the authors of the third edition and the 2010 Cumulative Supplement to this popular MoBarCLE deskbook supply the same reliable guidance while including recent statutory changes and caselaw to save you time and ease your research. No matter what kind of tort law you practice—whether property or personal, premises or products—this convenient and proven overview of legal principles and specific causes of action is a must-have for your library. The 21 chapters in this publication set out elements of causes of action, detail procedural issues such as pleading requirements and parties, explain damages and defenses, analyze insurance and settlement issues, and much more. The 2010 Cumulative Supplement contains new sections on battery in the health-care context, liability for assault under the workers’ compensation statute, defamation over the internet, liability of flight-training schools, strict liability for ground damage from aircraft, causat ion in wrongful death claims, and more. Find recent case discussion, including recognition of a cause of action for publicity placing a person in a false light, and updated jury instructions. The authors are practicing Missouri attorneys who give you practical advice and trial pointers and discuss evidentiary and proof issues. The accompanying CD-ROM includes sample forms to guide you and save you time. For a list of the forms on the CD-ROM, visit our CLE Publications Bookstore at www.mo-barcle.org.

Forms on CD-ROM

Contents

1. Overview and Summary Paul C. Hetterman and Joseph L. Walsh, III

16. Property Rights Lynn M. Ewing, III17. Property Damage Robert C. Cook Jeremy J. Heslin (Supp.)18. Comparative Fault Charles H. McKenzie and Frederick J. Ernst E. Ann Wright (Supp.)19. Statute and Ordinance Violations Louis J. Leonatti Jonathan T. Barton (Supp.)20. Federal Tort Claims Act Richard J. Zalasky Michael L. Ramsey (Supp.)21. Federal Employers’ Liability Act, Jones Act, and Longshore and Harbor Workers’ Compensation Act C. Marshall Friedman

Details and Price

2 vols. (3rd ed. 2003) 974 pp.plus 2010 C. Supp., 204 pp.

$245

2010Supplement

2. Assault and Battery Kenneth E. Siemens 3. Malicious Prosecution and False Arrest Matthew S. McBride and Brian T. McCartney 4. Infliction of Emotional Distress Gregory E. Upchurch Kirra N. Jones (Supp.) 5. Defamation and Invasion of Privacy Joseph E. Martineau and David B. Helms 6. Tortious Interference With Business Relationships James F. Monafo and Phillip C. Boyd Sarah C. Hellmann and J. Ryan Kelly (Supp.) 7. Misrepresentation: Negligent and Intentional Douglas S. Beck Brandon Gutshall (Supp.) 8. Automobile Torts Christian L. Faiella 9. Aviation Liability Paul V. Herbers Elizabeth Vasseur-Browne (Supp.)10. Maritime Torts Gary Mayes and Suzanne L. Montgomery B. Matthew Struble (Supp.)11. Animal Liability Terry M. Evans and Judith E. Koehler Robert G. Kister (Supp.)12. Premises Liability James J. Virtel and Ann E. Buckley13. Wrongful Death John W. Kurtz14. Products Liability Mark G. Zellmer and Christopher A. Smith Fredrick J. Ludwig (Supp.)15. Strict Liability Daniel R. Brown Fredrick J. Ludwig (Supp.)

49


Estate Administration

Full-Text CD-ROM

Estate Administration answers your most pressing questions about estate administration. What actions should be filed in the probate division? What ac-tions must be filed in the circuit division? Over which matters is there concurrent jurisdiction? Which Rules of Civil Proce-dure apply to probate proceedings and when? What special procedures are available to handle a small or simple estate? What rights do a surviving spouse and children have in the estate? What are the personal representative`s responsibilities? When can the personal representative be held liable for actions taken and decisions made regarding the estate? What if the decedent left a business that needs to be taken care of? What rights do the decedent`s creditors have? What is the procedure for filing a claim? In what order of priority should the decedent`s debts be paid? What if the decedent has property in more than one state? What is done differently in an independent administration? Who may contest a will or nonprobate transfer and on what grounds, and what are the pro-cedures? What about a claim for tortious interference with an inheritance expec-tancy? What rules of construction apply to wills? How are ambiguities resolved? What if a client has been cheated out of an inheritance but doesn`t find out until after all the time limits for challenging the probate administration have expired? What is a standby guardian? Find practical advice about the begin-ning of the probate process, such as time limits, things that must be included in the applications for letters, and how to obtain a will from a safe deposit box. Find sections on removal of a personal representative, contempt (including the possibility that the attorney may be found in contempt), proceedings before probate commissioners, and interpreta-tion and construction of trusts under the MUTC. Find chapters on guardianship and conservatorship of incapacitated persons and of minors. This companion volume to Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters and Estate Planning provides essential assistance to attor-neys through the estate administration process. A full-text, searchable CD-ROM that also contains the sample forms is included with the book.

NewEdition

16. Civil Commitment Under the Mental Health, Substance Abuse, and Sexually Violent Predator Laws Daniel P. Wheeler 17. Will Contests Thomas L. Lasley18. Construction and Interpretation of Wills and Trusts Katherine J. Bailes and Nicole R. Piskuric19. Contested Claims Kent W. Minton 20. Discovery of Assets Rebbecca Lake Wood 21. Actions Under the Nonprobate Transfers Law—Chapter 461 Clifford S. Brown22. Objections to Final Settlement of Fiduciary David E. Elliott 23. Duties and Liability of Estate Fiduciaries Robert J. Selsor and Elizabeth Halaz24. Actions for Fraud Under the Probate Code Karen E. Hajicek25. Litigation Settlements in Probate Matters Dan C. Sturdevant

Contents

1. Probate Jurisdiction and Venue Kim S. Summers 2. Dispensing With or Terminating Administration Thomas G. Glick 3. Applications for Letters, Qualifications of Representatives, and Bonds Evelyn Gwin Mangan 4. Initial Responsibilities of the Personal Representative Charles E. Taylor and John R. Gunn 5. Collection and Management of Assets Kathleen A. Forsyth and S. Margene Burnett 6. Sales, Mortgages, Leases, and Exchanges Bennett S. Keller, Scott H. Malin, and Brooke R. Perlyn 7. Claims Against the Estate, Survival of Actions, and Wrongful Death Vanita R. Massey 8. Exempt Property, Family Allowance, Homestead, and Election to Take Against the Will Mary S. Shafer 9. Settlements, Distribution, and Discharge Brian E. Hamburg10. Establishing Fact of Death and Fact of Simultaneous Death Jennifer K. Huckfeldt11. Multi-State Administration and Alien-Oriented Probate Law David G. Watkins, Charles F. Jensen, and Samuel Wilkerson12. Independent Administration Buford L. Farrington and Scott R. Manuel13. Guardianship of Incapacitated Persons Ann F. Snitzer14. Conservatorship of Disabled Persons Thomas G. Glick and Bart B. Zuckerman15. Guardianships and Conservatorships of Minors Paul K. Parkinson

Details and Price

2 vols. (5th ed. 2010), 1,043 pp.

$245

50


Estate Planning

Trusts and Estate Series • Estate Administration • Estate Planning • Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters

Purchase all three for $585!A $150 savings!

Call 1-888-253-6013

Full-Text CD-ROM

Estate Planning is a practical, indispens-able deskbook for those attorneys practicing estate planning—and especially for those who don`t practice it regularly. This two-volume set is a companion to Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters and Estate Administration and in-cludes several chapters on specific planning and drafting issues as shown in the table of contents below. The experienced and knowl-edgeable authors provide a wide range of coverage, from handling a modest estate to the ins and outs of family businesses. The book includes practice tips, check-lists, and techniques as well as nearly 50 sample forms—many with comments and annotations—that can be adapted to a client`s specific needs. Get practical advice on understanding and relating to clients, ethical considerations—what they are and what to do about them, preparation and safekeeping of documents—even ideas for what paper to use, advantages and disad-vantages of joint tenancy, and how and when to find a trust. Find information on special needs trusts, disclaimer trusts, dynasty trusts, and incentive trusts; IRS treatment of family limited partnerships and LLCs; what to do with life insurance; and planning for retirement benefits. A full-text, searchable CD-ROM that also contains the sample forms is included with the book. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Contents

1. The Client Planning Conference Michael P. Gunn 2. Planning, Preparation, and Execution of Wills and Trusts Stephen F. Aton

14. Antenuptial and Postnuptial Agreements Bhavik R. Patel15. Planning With Qualified Plans and Individual Retirement Accounts Gayle Evans16. Funding Revocable Living Trusts Mary Ellen Simmons

Details and Price

2 vols. (3rd ed. 2009) 1,267 pp.

$245

3. Drafting the Basic Will and Trust Emily J. Kembell 4. Drafting a Marital Deduction Will and a Marital Deduction Trust Mary Nan Dupont and Edward A. Setzler 5. Planning for Minors, Elderly, and Disabled Persons Julie A. Berkowitz and Christine A. Gilsinan 6. Planning and Techniques for Making Gifts Bhavik R. Patel 7. Charitable Contribution Techniques and Planning Scot W. Boulton 8. Forms of Property Ownership Edgar T. Farmer 9. Estate Planning for Family Business Owners Gayle Evans10. Drafting Family Limited Partnerships and Family Limited Liability Companies Gary A. Powell11. Drafting Business Purchase and Restrictive Transfer Agreements (“Buy/Sell Agreements”) Orren S. Adams and Adam W. Randle12. Planning Opportunities With Life Insurance Volunteers and Staff13. Miscellaneous Estate Planning Techniques Thomas D. Peebles, Jr.

51


Trusts, Powers of Attorney, Custodianships, and Nonprobate Matters The lengthy title of this well-written and thorough two-volume set reflects the breadth of coverage of this important publication as detailed in the table of contents below. Along with its detailed treatment of trusts, powers of attorney, and medical directives, this definitive work may be the most authoritative resource on the Missouri Transfers to Minors Law, the Missouri Personal Custodian Law, and the Nonprobate Transfers Law of Missouri. This second edition of Trusts, Powers of Attorney, Custodianships, and Nonprobate Mat-ters was prompted by statutory changes in probate and trust law, including the adoption and update of the Missouri Uni-form Trust Code. This edition includes discussion of changes through the 2006 legislative session, and the supplement includes 2009 changes. Learn the requirements for a valid trust and the 5 methods for creating an express trust. Learn who is qualified to be a trustee and who shouldn’t be a trustee. Learn what the powers and duties of a trustee are and whether at-torney fees and costs can be awarded in a trust administration proceeding. Learn the rules for allocating trust receipts and the statute of limitations on a trust contest. Learn the distinction between a durable power of attorney for asset and financial management and a durable power of attorney for health care. Get answers to your most pressing questions: What is the Rule against Perpetuities, and does it matter? What is a Totten trust? What are the 18 nega-tive duties of a trustee? Is the Missouri Uniform Trust Code retroactive? What is an in terrorem clause? When is specific informed consent to medical treatment required, and what are the 4 exceptions? What are the 3 elements for an undue influence action to contest a trust, and who are the necessary and indispensable parties? This publication is filled with practice suggestions; includes checklists, charts, lists of other resources, and dozens of

Full-TextCD-ROM

Contents

1. Creation of an Express Trust Elizabeth E. Parrigin Casper Scott Yost (Supp.) 2. Qualifications, Appointment, Succession, and Bonds of Trustees Jay E. Harker, James J. Seeley, and James B. Behrens Joseph P. O’Keefe and Elizabeth C. Hesselbach (Supp.) 3. Trust Administration Michael E. Magliari and Colleen M. Donohue 4. Allocation of Trust Principal and Income Ace Rowley 5. Modification, Termination, and Revocation of Trusts Lynn A. Miller 6. Trust Contests Clifford S. Brown and Douglas D. Lee Emily J. Kembell (Supp.) 7. Trust Construction and Interpretation Eric B. Tanner Jason D. Simmons (Supp.) 8. Durable Power of Attorney for Asset and Financial Management Michael C. Stoffregen

sample forms (over 300 pages); and comes with a full-text, fully searchable CD-ROM that was updated for the 2010 Supplement. And the 2010 Supplement includes new sections on the role and liability of a trust protector and practi-cal tips for trust administration. This second edition continues MoBarCLE’s Trusts and Estates Series, which also includes Estate Administration and Estate Planning. For a list of the forms available on the CD-ROM, visit our online CLE Publica-tions Bookstore at www.mobarcle.org.

9. Advance Medical Directives: Durable Powers of Attorney for Health Care, Living Wills, and Other Declarations of Intent Vanita R. Massey10. Medical Treatment: Informed Consent and Right to Refuse Sheryl Feutz-Harter11. Missouri Transfers to Minors Law Susan Baker Teson12. Missouri Personal Custodian Law S. Margene Burnett and Julie Haverly13. Missouri Nonprobate Transfers Law Andrea Jackson and Christine A. Gilsinan

Details and Price

2 vols. (2nd ed. 2006) 953 pp.plus 2010 Supp., 47 pp.

$245

2010Supplement

52


Workers’ Compensation Law

Forms on CD-ROM

Workers’ compensation in Missouri is a continually developing area of the law. This third edition of Missouri Workers’ Compensation Law is an easy-to-use reference that includes practical considerations and helpful features for attorneys handling work-ers’ compensation cases. And the third edition includes two new chap-ters: “Costs, Penalties, and Attorney Fees” and “Criminal Aspects.” The passage of major legislation in 2005 led to many changes. The 2008 cumulative supplement covers those changes, their application by the courts and the LIRC, and the continu-ing development of the law. New sec-tions in the 2008 supplement include jurisdiction of the Division, practices and procedures of the Division and the LIRC, unlawful acts and penalties for failure to insure, religious exception, liberal vs. strict construction, medical bills and fee disputes, notice to be given to employer, direct examina-tion of claimant’s testifying physician (including sample questions), Kansas and Illinois workers’ compensation reform, Missouri Private Sector Indi-vidual Self-Insurers Guaranty Corpo-ration, trial issues, and more. The comprehensive, two-volume book includes sample forms on CD-ROM. It is an important component of the library of the general practitioner as well as the seasoned workers’ compensation attorney. For a list of the forms on the CD-ROM, visit our online CLE Publications Bookstore at www.mobarcle.org.

Contents

1. History, Administration, and Jurisdiction Patrick J. Platter 2. The Employment Relationship C. Michelle Coleman Nasreen Esmail (Supp.) 3. The Second Injury Fund Kevin H. Dunaway and Melodie A. Powell 4. Injury and Accident James B. Kennedy 5. Occupational Disease Deborah L. Hellmann Victorine R. Mahon (Supp.) 6. Arising Out of and In the Course of Employment William D. Powell 7. Benefits Chris T. Archer Robert J. Dierkes and Nasreen Esmail (Supp.) 8. Specialized Losses Charles W. Bobinette and Thomas Clinkenbeard 9. Procedure and Proceedings Rex R. Redhair and Bart E. Eisfelder Michelle Daum Haskins and Christopher D. Werner (Supp.)10. Third-Party Practice and Subrogation William W. Francis, Jr.11. Systems and Procedures of Counsel for the Employee Robert E. Ballman12. Answering the Claim for Compensation: Completion and Investigation William J. Glaser and Benjamin A. Shelledy

13. Choice of Jurisdiction William E. Paasch and Matthew J. Stretz14. Liens and Offsets Jerry Kenter15. Insurance, Insurance Pricing, and Insurance Regulation Brian N. Brown and Nasreen Esmail (Supp.)16. Costs, Penalties, and Attorney Fees Kathleen M. Hart and Matthew D. Vacca17. Criminal Aspects David F. Barrett Lacy M. Fields (Supp.)

Details and Price

2 vols. (3rd ed. 2004) 683 pp.plus 2008 C. Supp., 214 pp.

$245

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General Information

The Missouri Bar Continuing Legal Education

President: John S. Johnston, Kansas CityExecutive Director: Keith A. Birkes

Deputy Executive Director: Sebrina A. BarrettCLE Publications Director: Kent R. Hopper

Director of CLE Programs: Delores L. ShepherdCLE Programs Attorney: R. Lucas BolingCLE Publications Editor: Karen J. BrendelCLE Publications Editor: Lura A. McAllisterCLE Publications Assistant: Sandy L. HindeCLE Programs Planner: Becky S. BrennekeCLE Programs Coordinator: Diane Keevil

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Erik A. BergmanisMichael G. Berry

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Gwendelyn GarciaThomas G. Glick

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Wallace S. Squibb

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