101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

Monthly Archives: October 2016

Quantum Meruit

Even if there is no formal written or oral contract between parties, a promise to pay for services or materials may be implied by law. This is referred to asĀ quantum meruit. To win on a claim for quantum meruit, one would need to prove that (1) the plaintiff provided to the defendant materials or services […]

Read More

Majority Shareholder Fiduciary Duties

In Missouri, a common mis-perception is that only corporate officers and directors owe a fiduciary duty to the company and the company’s shareholders. There are, though, limitations on the rights of majority or dominant shareholders to act in their own self-interest. Specifically, shareholders in control — through majority ownership or otherwise — are under a […]

Read More

Attorney Lien Enforcement

Attorneys are not immune from having a client that fails to pay a bill. In Missouri, an attorney must either typically file an independent suit for breach of contract, suit on account, unjust enrichment etc. to recover any unpaid legal services or file a motion to enforce an attorney lien. The latter is much more […]

Read More

Judgment by Confession

A consent judgment is based in contract. It is when parties to a lawsuit set forth the terms and conditions of an agreement and agree that the Court can enter a judgment consistent with the terms, amount and conditions of the agreement. The effect is that the agreement becomes a public, court-ordered judgment with more […]

Read More

Asset/Property Discovery in Punitive Damage Claims

One factor for a jury/judge to consider in a request for a punitive damages is the nature and extent of a defendant’s particular assets or finances. The reasoning is that if punitive damages are meant as a deterrent for particularly egrious conduct, a higher amount is necessary to drive home the point if the defendant […]

Read More