Sales Commission Violations

Missouri provides a statutory remedy for failure to pay sales commissions. “The sales commission statutes focus on the timely payment of sales commissions earned by a sales representative under contract with a principal.” Lapponese v. Carts of Colorado, Inc., 422 S.W.3d 396, 401 (Mo. App. E.D. 2013). The statute authorizes a recovery of attorney fees and…

Double Recoveries

The purpose of legal remedies — money damages or equitable relief — is to make you “whole.” But you can only be made “whole” once. Indeed, “a party cannot be compensated for the same injury twice.”  Norber v. Marcotte, 134 S.W.3d 651, 661 (Mo. App. E.D. 2004). In other words, a “party is not entitled…

Probate Deadlines

Deadlines in probate litigation and administration are often unforgiving. For instance, a will must be presented to the correct probate court within a year or it is essentially a dead letter. Will contests and estate disputes must be pursued very quickly. When it comes to probate deadlines, Missouri Courts have “consistently rejected such policy arguments…

Equitable Relief, Pleadings

At trial, a court is limited to the relief requested in the pleadings. The “pleadings” generally refers to the petition, answer, affirmative defenses, and counterclaim. While there are numerous exceptions to this, a prominent exception includes equitable relief. While Missouri courts are restrained from deciding an unpleaded fatual issue, a court of equity grant any…

Determining a Grantor’s Intent in Trusts

When interpreting a trust, the Settlor’s “intent is controlling and such intention must be ascertained primarily from the trust instrument as a whole.” Berezo v. Berezo, 628 S.W.3d 737, 743-44 (Mo. App. E.D. 2021). Because language and circumstances vary, the Court must examine “the specific language as well as the surrounding circumstances.” Matter of TR…

Mootness, Exceptions

Courts generally shy away from rendering decisions in moot cases. A case is moot when “the question presented for decision seeks a judgment upon some matter which, if the judgment was rendered, would not have any practical effect upon any then existing controversy.” DCM v. Pemiscot County Juvenile Office, 578 S.W.3d 776, 780 (Mo. 2019). There…

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