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Monthly Archives: August 2016

Recoupment, Counterclaims

If a claim is not timely filed within the applicable statute of limitations in Missouri, then it is usually barred. This is not always a simple analysis. There are different time periods for different claims and there are certain things which can toll or extend the time for filing. Although it is usually the concern of […]

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Contract Under Duress

In breach of contract litigation, many defenses are often lodged by a defendant to attack the validity of the contract or excuse his/her non-performance under the contract. Common defenses in contract litigation include accord and satisfaction, that there is a contractual ambituity, that the other party committed a first material breach, misrepresentation/fraudulent inducement, unconscionability and […]

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Punitive Damages, Remittitur

One of the reasons settlements are favored in litigation is because there is much uncertainty involved in trials. This is true for trials tried to a judge or a jury. It is difficult, if not impossible, to predict what the judge or jury will consider to be important and how he/she/they will react to a given […]

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“Prevailing Party” in Contractual Attorney Fee Dispute

Parties to a lawsuit are usually responsible for their attorney fees, whether they win or lose. The only thing that changes this in Missouri is if there is a statute or contract which provides that a certain party receives his/her/its attorney fees. Link v. Kroenke, 909 S.W.2d 740, 747 (Mo. Ct. App. 1995). With respect to […]

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Requests to Seal Court File, Court Record Publicity

Litigation often involves personal, sensitive information. It can also be embarassing or uncomfortable to publicly discuss issues in court filings. It occurs every so often, then, that litigants request that court records be sealed. Missouri law does not favor this.  There is a presmpution in favor of court records being open to the public. The […]

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Requests to Enforce/Compel Settlement

Most lawsuits are resolved without a trial. Cases usually either settle or result in a judgment/dismissal before a contested trial. With cases that result in a settlement, there are often communications between attorneys leading up to the execution of a more formal settlement agreement. There are instances in which an agreement is reached and then one […]

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