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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, […]

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Right to Jury Trial; Jury Trial Waiver

Both the Missouri Constitution and US Constitution guarantee the right to trial by jury in certain cases. In Missouri, the right to a jury trial is “implied in all cases in which an issue of fact, in an action for the recovery of money only, is inolved, whether the right is one at common law […]

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Work Product, Waiver

Confidential communications between attorney and client are privileged and generally exempt from discovery or disclosure. Attorney work product, both tangible and intangible, is also protected — and is often equally as important. Attorney work product applies to two different types of information: (1) opinion work product and (2) trial preparation materials. Opinion work product relates […]

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Missouri Trust Litigation: Proposed Distribution, Objecting to Distribution

Sometimes a trustee is unsure of how to distribute the assets. This can occur even where the terms of the trust are clear. This sometimes is caused by the nature of the assets (e.g., difficult to divide real estate), threats of litigation, or disputes on how things should be divided among the beneficiaries. There are Court […]

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Waiver

Whether in the context of a civil contract suit, tort suit or otherwise, an argument that someone or something has waived rights will inevitably come up or be contemplated. For instance, with a suit for breach of contract, defendants will often assert as an affirmative defense that a plaintiff has waived the claims being made.  A waiver […]

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Attorney-Client Privilege, Waiver

Although most of the general public is familiar with the concept of the attorney-client privilege, its elements are quite narrow and specific. The attorney-client privilege applies if (1) there is an attorney-client relationship at the time the communication was made or advice was given and (2)  relationship existed with respect to the subject matter of the […]

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Waiver of Statute of Limitations

Statutes of limitations provide a certain period of time in which a plaintiff must file a lawsuit. If the claim/lawsuit is not filed within the period, then it is barred. The specific time period depends on the type of claim. For instance, actions upon contracts are subject to a five (5) year statute of limitations. […]

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Voluntary Payment Doctrine

Sometimes being kind and accommodating can sink you legally. In suits or controversies regarding whether money should be paid — e.g., breach of contract, creditor-debtor disputes, payments on account, etc. — the voluntary payment doctrine can nullify any claim you have in Court about whether the money should be paid or is even owed. Voluntary […]

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