101 South Hanley, Suite 1280 Clayton, MO 63105
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Monthly Archives: May 2012

Insurance Policies: Disputes, Breach

The basic operation of an insurance policy is that you pay an insurance company a monetary premium in exchange for its legal obligation to protect, hold harmless, and indemnify you within set parameters. Take a car insurance policy, for instance. You pay a set premium (the amount of which is based upon, among other things, […]

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Restitution, Unjust Enrichment, Breach of Contract

Restitution/unjust enrichment are legal theories and causes of action which simultaneously act as a sort of “catch all” in litigation and a safeguard against inequities. For example, assume that you enter into what you believe to be a valid contract with another individual. You perform exhaustive amounts of services for the other individual under the […]

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Probate Missouri Personal Representative (Executor, Administrator)

Under Missouri Law, the Personal Representative is the individual appointed to administer and wind-up a decedent’s estate. This is essentially the same thing as an “administrator” or “executor” in other states. A court’s issuance of either Letters Testamentary or Letters of Administration will allow a personal representative to take charge of an estate. Before making […]

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Maintenance (Alimony) in Missouri Divorce

Maintenance — formerly known as alimony — is what a court can award from one spouse to another spouse in a divorce proceeding so that one spouse’s reasonable needs are met after the divorce. Missouri statutes list a number of factors the Court must consider in deciding whether to award maintenance: (1) The financial resources […]

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Wills in a Safe Deposit Box

It is often the case that individuals will spends loads of time, money, and effort pouring over the details of their estate documents and then place them (often at the instruction of their attorney) in a safe deposit box at a bank. Cautious individuals will even go so far as to inform their heirs/children that […]

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Eminent Domain

The legal authority for eminent domain is constitutional. Article I, Section 26 of the Missouri Constitution provides: That private property shall not be taken or damaged for public use without just compensation. Such compensation shall be ascertained by a jury or board of commissioners of not less than three freeholders, in such manner as may […]

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Business Fraud, Misrepresentation

Business fraud/or misrepresentation is actionable in one of two circumstances. Fraud or intentional misrepresentation occurs when there is a (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity or his/her ignorance of the truth; (5) the speaker’s intent that his/her representation should be acted on by the hearer […]

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Guardianship, Parental Rights

Guardianship refers to the legal authority to care for a minor child or legally incapacitated adult. Natural parents automatically have this legal right over their children. When a natural parent’s passes away, or if his/her parental rights are terminated, an interested party (usually an extended family member) may petition the probate court for guardianship over […]

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Severance Agreements

A severance agreement is a contract created between an employer and departing employee which generally provides for compensation the employee is to receive upon or soon after departure and which governs the rights and relationships between the employer and employee going forward. The compensation is usually the easy part because it has the least amount […]

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Business, Corporate, Contract Disputes

We handle disputes involving businesses of all sizes and contracts of all nature. Because such disputes can often have major consequences — both financially and in terms of how a business is run — we handle protracted litigation to reach a favorable resolution for clients. From trade secret disputes, to securities litigation, real estate disputes, […]

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