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Monthly Archives: March 2011

Separate Maintenance (Alimony)

In Missouri proceedings for legal separation or dissolution of marriage, the court may grant a “maintenance” order to either spouse upon petition/request. Maintenance is periodic payments from one spouse to the other spouse after they have split. It is called maintenance because the goal of the payments or compensation is to maintain the financial status […]

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Fiduciary Duties of a Trustee

Not too long ago I was sitting with an elderly client explaining as best I could the choices he would have to make in his estate plan. This particular client chose to pursue a trust-centered estate plan. When it came to the choice of trustee — the individual/entity who manages the property — he asked […]

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Premises Liability

The old “slip and fall” case. X is onĀ  Y’s property and slips on a patch of ice, falls backward and hurts his back, shoulder and arm. The is a common lawsuit and has spawned a seemingly innumerable supply of lawyer jokes across the U.S. So common, in fact, that the City of St. Louis […]

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Car Accident

I get asked a lot of question about what someone should do immediately after they are in a car accident. Here are some steps I outlined to keep in mind if you are in such a situation. As a general rule of thumb, keep your auto insurance information in the glove compartment (You’re also required […]

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Underinsured Motorist Insurance

Previously, I posted about Missouri Uninsured Motorist Insurance (“UM”). Now it’s time to talk about Underinsured Motorist Insurance (“UIM”). Remember that UM is in play when you attempt to recover from your own insurance company because another at-fault driver hit you and did not have insurance or fled the scene. UIM, however, comes into play […]

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Is the U.S. attack on Libya Constitutional?

After weeks of build-up, the U.S. initiated the use of military force against Libya in March ’11. Many politicians — particularly Congressman Kucinich from Ohio — have called these attacks unconstitutional in that they were ordered solely by President Obama and the Executive Branch. Congressman Kuchinich even went so far as to call it an […]

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Manager-Managed versus Member-Managed

In Missouri — and every other State for that matter — a limited liability company is either “manager-managed” or “member-managed.” In Missouri, the election is made in the Articles of Organization and should be spelled out in greater detail in the operating agreement (“OA”). Under the Missouri LLC Act, if the organizers of a LLC […]

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Child Custody

Physical custody refers to which spouse is physically with a child (who has “possession”). Legal custody refers to which spouse has the decision-making authority over the children (e.g., what school they attend, health insurance, extracurricular activities, etc.) In a dissolution of marriage proceeding involving children, it is not easy for one parent to attain sole […]

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Limited Liability Partnerships

A limited liability (“LLP”) is almost the same thing as a general partnership (“GP” — which I wrote about a while back). The primary difference between a LLP and a GP is that the LLP has a broad limitation of liability for partners in a registered LLP. Under Missouri Statutory Section 358.150, partners generally enjoy […]

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Trademark Dilution

There are three main types of intellectual properties. There are patents, which protect “new, useful and non-obvious” inventions. There are copyrights, which generally protect works of expression or communication. Lastly, there are trademarks, which are used to designate the source of a good or service. Trademarks have the effect of protecting consumers by designating which […]

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