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Monthly Archives: December 2015

Expert Witnesses: Qualifications & Requirements

Sometimes litigation requires expert testimony to highlight areas of technical or specialized knowledge. To be qualified as an expert witness in Missouri, “it must appear that by reason of education or specialized experience [the expert] possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion […]

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Judicial Review of Arbitration Awards

Arbitration is when a third-party or panel of individuals (i.e., arbitrator(s)) makes a binding decision resolving a dispute. It is often conducted in lieu of litigation to avoid the costs and expenses of a trial. The normal rules of evidence and procedure present in litigation do not exist with an arbitration.  “Given the purposes of […]

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Fraud & Statute of Limitations

If a claim is not brought within the correct limitations period, it is barred. The statute of limitations analysis is not always easy, particularly for fraud/intentional misrepresentation. Fraud has nine elements:  (1) a representation; (2) its falsity; (3) its materiality; (4) the speaker’s knowledge of its falsity or ignorance of its truth; (5) the speaker’s intent […]

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The Attorney-Client Privilege in Estate, Trust and Will Litigation

Evidence is important in all litigation, but it is especially important in estate litigation because it can be hard to acquire. In cases involving claims that an estate document is invalid because of fraud, duress, lack of capacity or undue influence, there is rarely direct evidence; thus, the plaintiff must often rely on circumstantial, indirect evidence.  […]

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Fraudulent Transfers

You either have a judgment or clear evidence that someone owes you money as a creditor. What’s to prevent the debtor from transferring around assets and hiding funds from your debt/judgment? Under the Missouri Uniform Fraudulent Transfer Act (“MUFTA”), transfers of assets may in certain circumstances be set aside to satisfy a judgment.  “To set […]

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