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Monthly Archives: May 2017

Trade Secret Disputes, Damages, Misappropriation

Trade secret litigation (often used interchangeably with confidential information) usually centers on an individual misappropriating and/or unfairly using a businesses trade secret to the detriment of a business. A “trade secret” can include “any formula, pattern, device or compilation of information which is used in one’s business, and which gives him an opportunity to obtain […]

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Contract Termination, First Material Breach of Contract

Contracts sometimes include provisions allowing one party to terminate a contract if the other party is not living up to its end of the bargain. The termination provision usually allows the party to cancel without further liability if certain circumstances exist (e.g., the goods/services being provided do not meet certain standards or are otherwise insufficient). […]

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Precatory Language

In the context of estates and civil litigation, precatory language is language requesting, recommending, or expressing a desire rather than a command. Precatory words can include “wish,” “will,” “will and desire” and “request.” Rouner v. Wise, 446 S.W.3d 242, 256 (Mo. 2014). In Missouri, courts are reluctant to find the existence of a trust when precatory […]

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Contribution, Joint Liability

A common defense of a defendant in a civil lawsuit is that another third-party is partially responsible for any harm caused. Defendants, therefore, will often plead and argue for “contribution” when more than one person is potentially at fault. Missouri law is clear that when “two or more persons become liable in tort to the […]

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Plain Error Review, Appeals

Appeals have their own set of rules and procedures. Generally, an appellate court will overturn a trial court’s decision only if there was some issue the trial court was made aware of and decided incorrectly. Appellate courts are reluctant and/or unable to overturn a trial court’s judgment on issues that were not before it. By way […]

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Contract Forum Selection Clauses

A forum selection clause in a contract refers to language which requires that when there is a dispute or litigation relating to the contract that it be resolved or litigated in a certain state, county or other “forum.” These clauses are not always upheld by the Courts. Furthermore, there is sometimes uncertainty that arises when there […]

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