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Monthly Archives: November 2017

Rule 52.02(k) Guardian Ad Litem Suggestions

What happens when someone is physically or mentally infirm, does not have a guardian/conservator and is a party to a lawsuit? When someone does not have an attorney in litigation, he or she is held to the same standard as a licensed attorney. However, when a physical or mental infirmity exists, that may be impossible.  […]

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Special Damages versus General Damages

“Damages” refers to the amount of money a plaintiff may be entitled to as a result of some civil wrong committed by a defendant (e.g., breach of contract, breach of trust, trespass, personal injury, etc.). “General damages” are those that flow as a natural and necessary result of the act complained of, whereas “special damages” […]

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Prudent Investor Rule, Asset Management, Fiduciary Litigation

A fiduciary (e.g., trustee, personal representative, etc.) has an obligation to invest and manage assets as a “prudent investor” would. When making investment and management decisions, the fiduciary should consider the purposes, terms, distribution requirements and other circumstances of the trust or fiduciary relationship. O’Riley v. US Bank, NA, 412 S.W.3d 400, 414 (Mo. Ct. App. […]

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Interference with Contract versus Interference with Business Relations

Tortious interference with a contract or business expectancy requires (1) a contract or valid business expectancy, (2) defendant’s knowledge of the contract or relationship, (3) a breach induced or caused by defendant’s intentional interference, (4) absence of justification and (5) damages. Bishop & Assocs., LLC v. Ameren Corp., 520 S.W.3d 463, 472 (Mo. 2017).  Whie not […]

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Credible Evidence

It is difficult to overstate the significant of credible evidence in Court. Even if you have undisputed evidence, you can still lose on a claim if the judge or jury simply does not find it credible or believable. Therefore, there are two components to proving a claim or contention: (1) the burden to produce evidence and […]

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Unjust Enrichment Claims When a Contract Exists

To win on a claim for unjust enrichment, a plaintiff needs to demonstrate that (1) the defendant was enriched by the receipt of a benefit, (2) the enrichment was at the expense of the plaintiff and (3) that it would be unjust to allow the defendant to retain the benefit. Damon v. City of Kansas City, […]

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