101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930

Legal Articles

LLC Derivative Action Attorney Fees

A derivative action in limited liability company (“LLC”) litigation is generally when a member (i.e., owner) brings an action against the manager or managing member for causing a loss to the LLC. The action is “derivative” in that the member is suing on behalf of the LLC to recover an injury that the LLC sustained. […]

Read More

Witness Credibility

Credibility is important in litigation, practically and from a substantive legal perspective. Practically, if you don’t come across as likeable or believable, then you’re likely going to have a difficult time convincing a judge or jury that what you’re saying is true. Legally, appellate courts are very deferential to trial court or jury determinations of […]

Read More

Jury Instruction Errors, Verdict Reversal

For jury trials in Missouri state court, parties are required to use the appropriate Missouri Approved Instruction (MAI) for the claims and defenses submitted to the jury for determination. This is not necessarily a straightforward process. There are many instances in which there is not a specific MAI for a certain type of claim or […]

Read More

Lost Profits, Income, Consequential Damages

Lost profits, income or revenue often form a major component of a plaintiff’s damages in business disputes, contract disputes and employment disputes. Loss of profits generally means the amount of money a plaintiff would have realized but for the Defendant’s conduct. Meridian Enters. Corp. v. KCBS, Inc., 910 S.W.2d 329, 331 (Mo. Ct. App. 1995). For […]

Read More

Ultra Vires Actions, Corporate & Business Litigation

There’s a general principle in corporate and business litigation — the “business judgment rule” — which generally means that courts will not interfere in the management of the internal affairs of a corporation. Golden v. St. Joseph Milke Producers’ Association, 420 S.W.2d 31, 33 (Mo. Ct. App. 1967). For the Court to intervene, there must be […]

Read More

Trade Secret Disputes, Damages, Misappropriation

Trade secret litigation (often used interchangeably with confidential information) usually centers on an individual misappropriating and/or unfairly using a businesses trade secret to the detriment of a business. A “trade secret” can include “any formula, pattern, device or compilation of information which is used in one’s business, and which gives him an opportunity to obtain […]

Read More

Contract Termination, First Material Breach of Contract

Contracts sometimes include provisions allowing one party to terminate a contract if the other party is not living up to its end of the bargain. The termination provision usually allows the party to cancel without further liability if certain circumstances exist (e.g., the goods/services being provided do not meet certain standards or are otherwise insufficient). […]

Read More

Precatory Language

In the context of estates and civil litigation, precatory language is language requesting, recommending, or expressing a desire rather than a command. Precatory words can include “wish,” “will,” “will and desire” and “request.” Rouner v. Wise, 446 S.W.3d 242, 256 (Mo. 2014). In Missouri, courts are reluctant to find the existence of a trust when precatory […]

Read More

Contribution, Joint Liability

A common defense of a defendant in a civil lawsuit is that another third-party is partially responsible for any harm caused. Defendants, therefore, will often plead and argue for “contribution” when more than one person is potentially at fault. Missouri law is clear that when “two or more persons become liable in tort to the […]

Read More

Plain Error Review, Appeals

Appeals have their own set of rules and procedures. Generally, an appellate court will overturn a trial court’s decision only if there was some issue the trial court was made aware of and decided incorrectly. Appellate courts are reluctant and/or unable to overturn a trial court’s judgment on issues that were not before it. By way […]

Read More