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Monthly Archives: July 2013

TRO Damages, Wrongful Restraint, Bond

A temporary restraining order or injunction are equitable remedies which usually order an individual or entity to stop doing a particular activity. A common example, in the context of non-compete contracts, would be a court restraining order or injunction ordering a former employee from working with a competitor. Orders freezing assets are also common forms […]

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Writs of Prohibition, Mandamus; Appeals

A writ is a form of extraordinary judicial relief in which a Court will make an order to prevent a specific abuse or harm. This usually come against public officials — even Judges. Two of the most common writs are Prohibition and Mandamus. Prohibition is available (1) to stop the use of judicial power when […]

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Statutory Breach of Trusts of Revocable/Irrevocable Trusts

In a trust relationship, the trustee is the individual/entity who is entrusted with managing the assets in the beneficiaries’ best interests.  A breach of trust, therefore, is a violation by a trustee of a duty the trustee owes to a beneficiary. While a trust may alter the scope of what duties a trustee owes, generally a trustee will […]

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Sovereign Immunity — Missouri & Federal

Under common law, sovereigns/governments were immune from civil lawsuits. At the federal level, the 11th Amendment to the U.S. Constitution codifies sovereign immunity. It provides that “[t] he Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States […]

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Contractual Indemnification — “Hold Harmless”

Indemnification is the legal term applied where one individual/entity is obligated to provide compensation, loss or reimbursement to another individual/entity. Indemnification is usually created by contract, but can exist at law in some circumstances. Contractual indemnity is the most widespread. Under this situation, two parties make a formal indemnification  agreement. The reason this is so […]

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