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Monthly Archives: April 2019

Shareholder Oppression, Fiduciary Duties

If a plaintiff in a corporation can demonstrate that there is shareholder oppression, then the plaintiff may be entitled to equitable relief. When does shareholder oppression exist? It typically occurs when an action by the majority suggests burdensome, harsh and wrongful conduct; a lack of honesty and fair dealing in the affairs of the company; […]

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Specific Performance, Contract Tender

In breach of contract suits, a plaintiff may, if appropriate, elect for an equitable remedy and ask the court to order specific performance. Specific performance is basically where a plaintiff requests that the Court order a defendant to perform the contract, in contrast to a request for damages for breaching the contract. Specific performance is […]

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Unpaid Commissions

Missouri has specific statutes relating to claims for unpaid commissions. Under Section 407.913, RSMo: Any principal who fails to timely pay the sales representative commissions earned by such sales representative shall be liable to the sales representative in a civil action for the actual damages sustained by the sales representative and an additional amount as […]

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Dead Man’s Statute

Section 491.010, RSMo contains Missouri’s version of the so-called “Dead Man’s Statute.” It provides, in relevant part, that “in any…suit…where one of the parties…or his agent…is dead or is shown to be incompetent…then any relevant statement or statements made by the decedent party or agent or by the incompetent prior to his incompetency, shall not […]

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Trustee: Personal Liability

In breach of trust and/or breach of fiduciary suits, whether a trustee is personally liable often comes up. Section 456.10-1010, RSMo provides some points of clarification on the matter: (1) Unless provided otherwise in a contract, a trustee is not personally liable on a contract if the trustee discloses the trustee/fiduciary capacity in the contract. […]

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