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Monthly Archives: November 2016

Incapacity in Litigation, Mental Examination

When a party is adjudged legally incapacitated, a guardian or conservator typically represents the incapacitated individual’s interests in legal disputes. In certain circumstances, however, a party is for all intents and purposes incapacitated but a guardianship proceeding has never been commenced and there has not been a judgment of incapacity. And because individuals are generally presumed to […]

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Trustee Good Faith Discretion, Breach of Trust

A trustee has the duty to exercise the requisite care, skill and diligence of a person of ordinary prudence would exercise. Jarvis v. Boatmen’s National Bank of St. Louis, 478 S.W.2d 266, 273 (Mo. 1972). The specific actions necessary to accomplish this goal depends on the nature of the trust, particularly its assets and distribution schemes. […]

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Declaratory Judgment and Standing

The purpose of a declaratory judgment is to settle and to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations. It is commonly used in the context of contracts and legal documents to determine what someone’s particular rights and duties may be in light of a contract or document. […]

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Failure to Prosecute with Due Diligence

Litigation is time consuming and expensive. While it varies from case-to-case, the court imposed deadlines and legal delay tactics can sometimes unduly prolong proceedings. In certain circumstances, the court can unilaterally dismiss a case if it determines that the plaintiff is not expeditiously pursuing the claims. Indeed, trial courts have an inherent power to dismiss […]

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Work Product, Waiver

Confidential communications between attorney and client are privileged and generally exempt from discovery or disclosure. Attorney work product, both tangible and intangible, is also protected — and is often equally as important. Attorney work product applies to two different types of information: (1) opinion work product and (2) trial preparation materials. Opinion work product relates […]

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Inadequate Jury Verdicts, Requests for New Trial

Even after a jury’s verdict is entered, a case may not be over. The Court may sometimes order a new trial. One basis for a new trial is if a jury verdict is inadequate based on the facts and circumstances of the case. A trial court’s decision to order a new trial based on a […]

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