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Monthly Archives: June 2019

Measuring Damages to Real Property

In tort cases dealing with injuries to real estate (e.g., trespass, nuisance, inverse condemnation, etc.), the measure of damages is the difference in the fair market value of the property before and after the injury or the cost of restoring the property — whichever is the lesser amount. Farmer’s Mut. Fire Ins. Co. v. Farmer, 795 S.W.2d […]

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Determining Heirs in a Probate Proceeding

While rare, there is a procedure in the probate code to determine whether an individual is the child of a deceased person for purposes of probate inheritance and succession. Obviously, it typically only comes into play when there is uncertainty regarding paternity.  Assuming there is not a marriage or other legal presumption of a parent-child […]

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Refusal to Answer Deposition Questions in Federal Court

Rule 26(b)(1) permits parties to “obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense” and proportional to the scope of the case. Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense and proportional to the needs of the case.“[T]rial courts retain […]

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