101 South Hanley, Suite 1280 Clayton, MO 63105
314.283.8930; henry@elsterlaw.com

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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Failure to Prosecute with Due Diligence

Litigation is time consuming and expensive. While it varies from case-to-case, the court imposed deadlines and legal delay tactics can sometimes unduly prolong proceedings. In certain circumstances, the court can unilaterally dismiss a case if it determines that the plaintiff is not expeditiously pursuing the claims. Indeed, trial courts have an inherent power to dismiss […]

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Amending a Petition/Lawsuit

In Missouri, a “Petition” is the lawsuit filed by a plaintiff requesting relief against a defendant (often in the form of money damages). It is called a “Complaint” in federal court, but they’re functionally the same thing. It is quite common for a petition to be amended to account for facts uncovered in discovery or […]

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Trust Litigation

Trust litigation is becoming more frequent. This is due to a number of factors, such as changes in trust laws and an ageing segment of the population who created trusts. Another important factor is that the Uniform Trust Code, which has been mostly adopted in Missouri, permits a broad range of individuals to file lawsuits […]

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Probate, Will, Trust & Estate Representation & Litigation

We handle a wide variety of cases relating to probate, wills, trusts, and estates. These cases range from planning “simple” estates to complex will and trust litigation pertaining to multi-million dollar estates. We handle estate administrations, small estate affidavits, refusal of letters, guardianship, conservatorship, and discovery of assets claims. For wills, we represent personal representatives, […]

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Interpleader

In rare circumstances, you can be brought into court without being a traditional plaintiff or defendant. With an interpleader action, a third party may cause litigation to be initiated between two (2) or more claimants to resolve a dispute. There are two (2) basic substantive requirements for a party to initiate an interpleader: (1) that […]

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Motions to Enforce Settlement Agreements

Courts encourage settlement. To this end, many courts strongly encourage mediation and arbitration, particularly for family law related matters or other sensitive subjective matter. As a practical matter, moreover, there is much to be said for mutually coming to an agreement with another party to resolve a dispute, rather than putting it in the hands […]

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Difference Between Mediation and Arbitration

In more complex cases, there has been a growing trend to opt for mediation or arbitration either before litigation commences or immediately after it commences. As any seasoned litigation attorney can attest, the expense and cost of litigation can be enormous. Cases can take several years to complete at the trial level. If there is […]

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Litigation Attorney: Saint Louis

Litigation refers to the process where a plaintiff institutes a proceeding in a pertinent court of law and requests legal or equitable relief against a defendant. What’s the difference between legal and equitable relief? Legal relief is money damages. Equitable relief is when the Court enters Orders or Decrees directing someone to either act or […]

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