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Monthly Archives: February 2014

Reverse Piercing of the Corporate Veil

A hallmark of corporations and limited liability companies (LLC) is that generally a business liability will not result in the personal liability of corporate shareholders or LLC members. An exception to this rule is the piercing the corporate veil theory, which disregards the shield of liability when a business is a mere alter ego of the […]

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Delay in Healthcare Employer Mandate

Once again the Obama administration has delayed the “employer mandate” in the Affordable Care Act of 2010. The employer mandate generally requires that employers with 50 or more employees provide health benefits to its employees or face a monetary penalty. It was originally supposed to go into effect at the beginning of 2014, but it […]

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Trust Beneficiary Consent, Release, Ratification

A breach of trust is a violation by a trustee of a duty the trustee owes to a beneficiary. See Section 456.10-1001.1, RSMo. In serious cases, a breach of trust can warrant a removal of the trustee or a monetary suit for legal damages. A breach of trust, however, can be cured through beneficiary consent, release […]

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Promissory Notes, Capacity to Sue

To recover on a promissory note, the plaintiff must generally (1) produce the note (2) signed by the maker and (3) show the balance due. Affiliated Acceptance Corp. v. Boggs, 917 S.W.2d 652, 656 (Mo. Ct. App. 1996). The plaintiff must either present the promissory note or sufficient evidence that it has been lost or destroyed. Id. As […]

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Fiduciary Litigation, Request for Trust Instructions

The administration of a trust is generally private. There are occasions, though, when the trustee or fiduciary is unable to determine how to administer the trust or how best to exercise the trustee’s discretion. These situations often arise because of difficulty interpreting the language of the trust. In interpreting a trust, words are given their […]

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Spoliation of Evidence

Cases sink or swim based on the facts and evidence. Accordingly, it is paramount to ensure that you have a clear understanding of the facts, especially from the discovery process. There are circumstances, however, where a party to the case or a third party destroys evidence. Legally, this can result in severe evidentiary rulings. Spoliation […]

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Blighted Areas & Eminent Domain, Constitutional “Takings”

Eminent domain is the power of the government to compel the purchase of private property for public use/purpose. The constitutional basis for eminent domain by the State of Missouri is articulated in Article I, Section 26 of the Missouri Constitution: That private property shall not be taken or damaged for public use without just compensation. Under Missouri […]

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Evidence on Summary Judgment

In simple terms, summary judgment can occur when there is no dispute about the key facts and one party wins because the law mandates that they prevail in light of those key, undisputed facts. Summary judgment is not a trial with a judge or jury where facts are determined. Granting summary judgment, however, usually disposes […]

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