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Monthly Archives: January 2013

Director(s) & Shareholder(s) Disputes — Attempts to Resolve

Derivative lawsuits are the primary vehicle by which a corporate shareholder may file a suit for damages against the corporate board of directors. Before pursuing such a claim, however, the law in Missouri requires that the shareholder must make a demand upon the board of directors to correct the wrongs being complained about. To be […]

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Res Judicata — Claim Preclusion

Collateral estoppel — issue preclusion — prohibits the re-litigation of certain issues. Similarly, res judicata — claim preclusion — prohibits the re-litigation of claims. In order for a claim to be barred by res judicata, the following factors must be met: 1) identity of the thing sued for; 2) identity of the cause of action; 3) identity of the persons […]

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Collateral Estoppel — Issue Preclusion

Courts are crowded with litigation. To combat this overcrowding, judicial doctrines have been developed to cut down on repetitive litigation and help facilitate prompt judicial resolutions.  Collateral estoppel, or issue preclusion, precludes the same parties, or those in privity with the parties, from re-litigating issues that have been previously litigated. In deciding whether collateral estoppel is proper, Courts consider: (1) […]

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Appealing Pendente Lite (PDL) Judgments in a Divorce

Judgments and orders Pendente Lite (“PDL”) in a divorce may order that one party is awarded attorney fees, child custody, child support, and/or spousal maintenance while the litigation is pending. Although a PDL action falls under scope of the overall divorce proceeding — and is made in anticipation of a final dissolution decree —  it is […]

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Fourteenth Amendment, Debt-Limit Ceiling & President Obama

With a partial resolution of the so-called Fiscal Cliff crisis in the past, the next issue appears to be the debt limit. Traditionally, it has been the authority of Congress to set the debt limit, but, with the House of Representatives and White House controlled by opposing parties, an agreement may not be reached. In […]

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Laches & Unclean Hands: Defenses to Equitable Claims

Legal damages are appropriate when an amount of money would be sufficient compensation for a wrong committed. Equitable remedies are appropriate when the Court order a person to do something or stop from doing something, such as with a temporary restraining order or injunction, because money is inadequate. While there are all sorts of defenses […]

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Compromise & Settlement of Probate Disputes

Probate court is the venue by which disputes over the administration of an estate are resolved. When two or more sides cannot resolve the dispute, the probate judge will enter an order and judgment consistent with Missouri probate law after reviewing all evidence. One party will always be disappointed with the decision — and sometimes […]

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Proceedings to Compel Probate Distribution

Probate is a potentially long process. For larger estates, it can take anywhere from six to eighteen months in Missouri to complete the process. If there is some sort of dispute that arises in probate, estate administration can take even longer. Depending on whether an estate is administered independently or by court supervision,  there will ultimately be […]

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