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Monthly Archives: April 2018

Intra-Corporate Immunity, Defamation

Defamation generally consists of a (1) publication, (2) a defamatory statement, that (3) identifies the plaintiff, that is (4) false, that is (5) published with the requisite degree of fault and (6) damages to the plaintiff’s reputation. Nazeri v. Missouri Valley College, 860 S.W.2d 303 (Mo. banc 1993). The publication must be to a third-person. […]

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Breach of Contract: Specific Performance Versus Damages

When a breach of contract occurs, the general rule is that, in certain cases, the remedy is either a suit for damages or a suit for specific performance of the contract. Magruder v. Pauley, 411 S.W.3d 323, 331 (Mo. Ct. App. 2013). The suit for damages would provide the non-breaching party with money, whereas the […]

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Trademark Infringement, Likelihood of Confusion

Trademarks are designed to designate the source of a good or service. When you see golden arches, you know it is a McDonalds. Infringement of a trademark occurs when the use of a similar mark is “likely to cause confusion” in the marketplace. Vitek Systems, Inc. v. Abbott Laboratories, 675 F.2d 190, 192 (8th Cir.1982). […]

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Copyright Protection, Litigation; Intellectual Property

A copyright is a type of intellectual property. “Original works of authorship fixed in any tangible medium of expression…from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device” may be the subject of copyright. Dryer v. National Football League, 814 F.3d 938, 942 (8th […]

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Can you sue for a HIPAA violation?

The Health Insurance Portability and Accountability Act (“HIPAA”) imposed an enormous amount of requirements on healthcare providers and other “covered entities” when managing and handling a patient’s healthcare information. Strict compliance is required with HIPAA’s privacy rule, compliance with which generally requires a HIPAA waiver or authorization from the patient. The consequences for violating HIPAA […]

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Legitimate Business Interests, Non-Compete Agreements

Non-compete contracts are enforceable if they are reasonable, meaning they can be “no more restrictive than is necessary to protect the legitimate interest of the employer.” Healthcare Servs. of the Ozarks, Inc. v. Copeland, 198 S.W.3d 604, 610 (Mo. 2006). Therefore, a non-compete contracted must be limited geographically and temporally. Id. What constitutes a “legitimate […]

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Expert Witness Testimony and Opinion

Section 490.065, RSMo increased the standard for the admissibility of expert witness testimony in Missouri. The legislation took effect in 2017 to combat what was perceived to be low standards for expert testimony and high jury verdicts in favor of plaintiffs on medical malpractice and/or product liability claims. The new law brings Missouri’s expert witness […]

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