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Monthly Archives: March 2016

Limited Liability Company (LLC) Derivative Lawsuits

Similar to corporations, owners (i.e., members) in limited liability companies (LLC) in Missouri can initiate derivative actions on behalf of the LLC to recover money/assets. This is expressly authorized under Section 347.171, RSMo. A number of requirements must be present: (1) the plaintiff-member cannot have the authority under the LLC’s operating agreement to cause the […]

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Corporate Derivative Lawsuits, Settlement

A derivative action refers to a type of business/corporate lawsuit. They are equitable actions which “place in the hands of the individual shareholder a means to protect the interests of the corporation from the malfeasance of faithless directors and managers.” Kamen v. Kemper Fin. Servs., Inc., 500 U.S. 90, 95 (1991). In essence, it is a […]

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LLC Litigation, Involuntary Dissolution

Although corporations and limited liability companies (“LLC”) have many similar legal characteristics, they do have some dissimilarities when it comes to litigation. Both corporations and LLCs may be involuntarily dissolved by the Missouri attorney general or shareholders or LLC members. There is a clear difference , however, in when a shareholder may move to dissolve a corporation […]

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Discovery of Assets Probate Claims, Estate Litigation

A “discovery of assets” claim is a probate claim in Missouri in which an interested party in an estate may seek to re-title property wrongfully taken from an estate back into the estate’s name. For instance, if you believe that someone wrongfully took cash, personal property or real property from an estate in which you […]

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Corporate Litigation: Involuntary Dissolution and Liquidation

Generally, corporate “dissolution” refers to the termination of the corporation. It can happen voluntarily or involuntarily. In Missouri, certain corporations may be involuntary dissolved based upon a lawsuit by a shareholder. Dissolution of a corporation is an equitable action granted by Missouri statutes. Struckhoff v. Echo Ridge Farm, Inc., 833 S.W.2d 463, 466 (Mo. Ct. App. 1992). […]

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Employment Contracts, Litigation

Missouri law tends to favor employers in employer-employee relationships. Generally, employees are usually hired on an “at-will” basis in Missouri. This means that an employer can hire or fire an employee for most any reason, provided that there is no unlawful discrimination or other illegality that exists in connection with the employment decision. Thus, an […]

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