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Monthly Archives: September 2015

Physician Staff Privileges and Tortious interference with Business Expectancy

Tortious interference is a commonly misunderstood and applied claim. It requires 1) a valid business expectancy, 2) defendant’s knowledge of the expectancy, 3) intentional interference by the defendant inducing or causing a breach of the expectancy, 4) absence of justification, and 5) damages. Misischia v. St. John’s Mercy Med. Ctr., 30 S.W.3d 848, 863 (Mo. Ct. […]

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Appeals and Estoppel

Estoppel is a legal theory which generally prevent litigants from taking inconsistent positions in Court. Common forms of estoppel include equitable estoppel and promissory estoppel. However, estoppel can also be used to preclude a party’s ability to appeal a judgment. Steven Family Trust v. Huthsing, 81 S.W.2d 664, 667 (Mo. Ct. App. 2002). More specifically, […]

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Physician-Patient Privilege, Discovery

During the discovery process, one or more parties often seek to obtain another party’s medical records on the basis that they’re relevant to prosecuting/defending the case. Both federal law (via HIPAA) and Missouri law impose several procedural and evidentiary obstacles before medical records may be released and admitted into evidence. In Missouri, Rule 56.01(b)(1) provides […]

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Discovery of Assets: Property Wrongfully Withheld from an Estate

“Discovery of assets” is a confusing name, but it is an extremely important concept in trust, will and estate law in Missouri. It is authorized by Section 473.340, RSMo, and provides that “[a]ny personal representative, administrator, creditor, beneficiary or other person who claims an interest in property which is claimed to be an asset of an […]

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