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Monthly Archives: August 2015

Statute of Limitations, Fraudulent Concealment

The statute of limitations is a deadline by which you must file a lawsuit. If you don’t timely file, then the claim is barred no matter how strong the case may otherwise be. The applicable deadline depends on the nature of the claim. The general, default rule in Missouri is that claims must be brought […]

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Corporate Derivative Lawsuits: Elements & Purpose

A derivative lawsuit is when a shareholder sues directors on behalf of the corporation for some impropriety. It is termed a “derivative” lawsuit because the lawsuit arises out of the individual shareholder’s ownership of shares in the company. Most types of derivative lawsuits allege mismanagement against the directors or other specific instances of fiduciary misconduct […]

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Family/Child Custody Relocation of Residence

After a divorce or custody determination, whenever a parent “relocates” he/she must follow certain statutory procedures notifying the other parent of the move. “Relocate” means a change in the principal residence of a child for a period of 90+ days — but is not a temporary absence from the principal residence. Thus, you can “relocate” […]

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Third-Party Breach of Contract Liability, Privity of Contract

If you are a third-party to a contractual relationship, and a breach of contract occurs, can you sue the breaching party for damages if you are harmed? The answer to this question is usually “no.” A defendant who has contracted with another generally owes no duty to a plaintiff who is not a party to […]

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Fiduciary Duties in Limited Liability Companies (LLC)

Limited liability companies are a hybrid between a corporation and partnership. Hibbs v. Berger, 430 S.W.3d 296, 313 (Mo. Ct. App. 2014). They are creatures of statute. Those individuals or entities that hold an ownership interest in a limited liability company are designated as “members.” “Managers,” on the other hand, are those individuals who may or […]

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No Contest Clauses in Wills & Trusts, Safe Harbor

A no contest provision in a will or trust is a clause which states that if a beneficiary/heir engages in certain activity he/she is automatically disinherited from the will or trust. More often than not, the activity triggering disinheritance is the filing of a lawsuit challenging the validity of a will or trust (be it […]

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