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Category: Business, Corporate

Contract Writings: Statute of Frauds Waiver

The Statute of Frauds requires that certain contracts be in writing to be enforceable or entertained. Generally, the Statute of Frauds in Missouri applies to (1) agreements not to be performed within a year, (2) contracts involving land, and (3) marriage. Section 432.010, RSMo. There are a few ways to circumvent the writing requirement, such […]

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Implied License, Copyright

Often a point of contention in intellectual property disputes, particularly disputes and litigation relating to copyrights, is whether an implied license is a viable defense to a claim that you are impropery utilizing someone else’s property (e.g., copyright infringement). A license, very generally, is permission to use or own something. In the context of copyrights, […]

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Disqualification of Counsel, Attorney; Conflict of Interest

Attorneys have a duty of loyalty to their clients and must work in the client’s best interests. For this reason, it is obvious that an attorney cannot simultaneously represent both a plaintiff and a defendant in the same lawsuit. Things become much more murky when a lawyer represents a client in one matter and then […]

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Closing Arguments

Closing arguments in a jury trial is often the best time an attorney can persuade the jury. The evidence has been heard and there is an opportunity for an attorney, unlike when examining a witness on direct or cross-examination, to directly tell the jury (or judge) why the evidence justifies a decision in one party’s […]

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Option Rights and Preemptive Rights in Contracts

Contracts can have option rights or preemptive rights. An option, in the context of real estate, usually gives a person a power to compel the owner of the property to sell it at a stipulated price whether or not he or she is willing to part with ownership. Anderson v. Parker, 351 S.W.3d 82, 831 […]

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Exceptions to Sovereign Immunity

In almost any lawsuit against a governmental entity, the government will argue that it is immune from the suit under sovereign immunity. Sovereign immunity insulates the government from most suits for money damages. At the state level in Missouri, however, there are numerous exceptions to sovereign immunity in Section 537.600, RSMo. For instance, under Section […]

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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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