101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930

Category: Civil Litigation, Real Estate

Cumulative Evidence

For something to be admissible as evidence, it must be legally relevant. To be “legally relevant,” its probative value or usefulness must not be outweighed by its costs, including the dangers of unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or the needless presentation of cumulative evidence. Kroeger-Eberhart v. Eberhart, […]

Read More

Abandonment: Real & Personal Property

In suits involving real or personal property — e.g., conversion, replevin, quiet title, etc. — abandonment is sometimes utilzied as an affirmative defense against the person invoking property rights. In other words, a defendant will use it to say that a plaintiff cannot make a claim relating to the property because the plaintiff previously abandoned […]

Read More

Negligent Entrustment of Personal Property

If you entrust someone with personal property, and he or she injures someone with or when using the personal property, you may be liable to the injured party for “negligent entrustment.” In Missouri, the elements of negligent entrustment are: (1) the entrustee was incompetent by reason of age, inexperience, habitual recklessness or otherwise; (2) the entrustor knew […]

Read More

Arbitration Waivers

Aribtration clauses are becoming increasingly common as a way to more expeditiously resolve disputes that can arise between parties to a contract. With an arbitration, a neutral, third-party arbitrator decides the case, as opposed to a judge or a jury. Many disputes can arise with respect to the enforceability of an arbitration provision (e.g., unconscionability, […]

Read More

Bona Fide Purchasers, Ownership-Title Disputes

Property ownership disputes can be complex, particularly in the context of real estate. It is not uncommon for there to be an improper or defective conveyance of real estate that goes unnoticed, and then there are several subsequent transfers of the same property between different people. For this reason, it is important to record all […]

Read More

Specific versus General Statute of Limitations

There is a general statute of limitations in Missouri stating that most claims must be brought within five (5) years. See Section 516.120, RSMo. Many times, however, it is not immediately obvious which limitations period will apply to a particular claim. For this reason, many will suggest that five years is a general rule of thumb to […]

Read More

Civil Conspiracy, Corporations, Independent Personal Stakes

To make a claim for civil conspiracy in Missouri, you must show that there are (1) two or more persons, (2) an unlawful objective, (3) a meeting of the minds, (4) at least one act in furtherance of the conspiracy and (5) injury to Plaintiff. Phelps v. Bross, 73 S.W.3d 651, 657 (Mo. Ct. App. 2002). […]

Read More

Supersedeas, Appeal Bonds, Stay of Execution

If someone obtains a favorable verdict and/or a judgment for money against you, and you decide to appeal, is there anything stopping the other side from trying to collect the money judment while the appeal is pending? In Missouri, you may be surprised to know that simply filing an appeal does not legally stop the […]

Read More

Partition Sales of Real Estate in Missouri

When real estate is owned by more than one person or entity, it is possible to file a partition lawsuit to force the sale or division of the real estate. While it is possible for a court to decide to partition real estate into separate parcels and give them to the owners in proportion to […]

Read More

Adverse Evidentiary Inferences

At trial, it is key to know what evidence affirmatively proves or disproves an element of a claim. In some situations, an adverse evidentiary inference instruction can be made or argued for to show that missing evidence would be favorable or unfavorable to a certain position. Two prominent examples in civil cases as to when […]

Read More