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Monthly Archives: January 2017

Interlocutory Appeals & Final Appealable Judgments

In Missouri, you can ordinarily only appeal trial court judgments which are “final.” Specifically, a final, appealable judgment is one that disposes of all issues and parties in a case, leaving nothing for future determination. Columbia Mut. Ins. Co. v. Epstein, 200 S.W.3d 547, 549 (Mo. Ct. App. 2006). There are a few noteworthy exceptions to […]

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Challenging Revocable Living Trusts

The time limitation for challenging a revocable living trust is generally two (2) years after the settlor’s (i.e., trust creator) death. This two year period can be shortened in at least a couple of different circumstances, such as if the successor trustee sends a notice to all beneficiaries accelerating the time period to six (6) […]

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Prejudgment Interest in Equity Actions

Simple interest of nine-percent (9%) typically accrues on court judgments awarding money. This post-judgment interest begins on the date of the judgment and accrues until the the judgment is paid. In certain circumstances, a party may be entitled to pre-judgment interest on any amounts awarded  dating back to the date of the demand or lawsuit. Because […]

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Employee Duty of Loyalty

In Missouri — even without an employment contract, non-compete agreement, non-solicitation agreement or confidentiality agreement — an employee owes his/her employer a duty of loyalty. Western Blue Print Co., LLC v. Roberts, 367 S.W.3d 7, 15 (Mo. 2012). What this generally means is that an employee cannot work directly against his/her employer’s interests. At the same […]

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Equitable Subrogation

It happens every so often that a problem arises and there is not a clear, “traditional” legal claim which provides redress. To address such situations, cases have developed flexible equitable principles and theories which permit courts to meet the nuances of a given situation.  Equitable subrogration is an example of such a claim that has […]

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Exceptions to Trust Spendthrift Clauses

A spendthrift provision in a trust generally prohibts a creditor from trying to collect a debt  of a beneficiary  by seizing the beneficiary’s interest in a trust to satisfy the debt. These types of clauses are commonly included in trusts because the trust-creator (i.e., “settlor”) wants the trust money and assets to be used for […]

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