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Category: Civil Litigation, Real Estate

Nuisance: Real Property/Estate Interference

An owner of real estate may maintain a lawsuit for nuisance if there is an unreasonable, unusual, or unnatural use of one’s property so that it substantially impairs the right of another to peacefully enjoy his or her property. Frank v. Envtl. Sanitation Msgmt, Inc., 687 S.W.2d 876, 880 (Mo. 1985). A nuisance claim is […]

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Public Duty Doctrine, Negligence

To prevail on a negligence claim, a plaintiff needs to plead that a defendant owed the plaintiff a (1) duty, the (2) defendant breached the duty, and the (3) defendant caused the plaintiff harm/damages. The public duty doctrine usually protects a public officer from negligence claims. Benson v. Kansas City, Bd. of Police Com’rs, 366 […]

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Offsets, Equity, Damages

“Off-setting” judgements is well established in Missouri. It generally arises when there are competing claims made by different parties against each other in a lawsuit. For example, if party A wins on a $50k claim against party B, and party B wins on a counterclaim of $60k against party A, a court may enter an […]

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Specific Jurisdiction

Personal jurisdiction is the power of a court to require a person or entity to respond to a legal proceeding that may affect the person’s rights or interests. It is a due process requirement and very broadly means that if a court is to entertain a case involving an out of state defendant the defendant […]

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Corporate Dissolution & Discontinuance, Shareholder Disagreement

There are a number of ways a corporation can be dissolved through a lawsuit in Missouri. Some of the methods depend on the nature of the corporation (e.g., close corporation, statutory close corporation). There are a few which further depend on whether the directors, officers and/or shareholders are in a “gridlock” or “stalemate” with respect […]

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Breach of Contract Cures, Contract Termination

Contracts will often include “cure” provisions to prevent a party from immediately canceling or terminating a contract in the event of breach. Moreover, as is the case with more complex or lengthy contracts, a “cure” provision allows a party to correct an inadvertent breach of contract.  A cure clause usually states that the non-breaching party […]

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Real Estate Litigation & Disputes

One of the most common types of real estate disputes (if not the most common) are disputes centered on competing claims of partial or complete ownership of real estate. These problems can arise from a myriad of circumstances, like problems with un-recorded deeds, titling errors, uncertain beneficiaries, challenges to the validity of a deed, etc. […]

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Aiding and Abetting

Though relatively rare, “aiding and abetting” can also result in civil liability. In Missouri, for harm resulting to a third person from the tortious conduct of another, one is subject to liability if he or she knows that the other’s conduct contitutes a breach of duty and gives substantial assistance or encouragement to the other. Bradley […]

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Rule 52.02(k) Guardian Ad Litem Suggestions

What happens when someone is physically or mentally infirm, does not have a guardian/conservator and is a party to a lawsuit? When someone does not have an attorney in litigation, he or she is held to the same standard as a licensed attorney. However, when a physical or mental infirmity exists, that may be impossible.  […]

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