To prove tortious interference with a contract or business expectancy, one of the requirements is to show an “absence of justification.” Rice v. Hodapp, 919 S.W.2d 240, 245 (Mo. 1996). Generally, “absence of justification” means the absence of any legal right on a defendant’s part to take the complained of actions. Howard v. Youngman, 81 S.W.3d 101,…
Adequate Remedy at Law, Declaratory Judgments
Declaratory relief is not a “general panacea for all real and imaginary ills.” Missouri Soybean v. Missouri Clean Water, 102 S.W.3d 10, 25 (Mo. 2003). “It is not available to adjudicate hypothetical or speculative situations that may never come to pass.” Id. There are four elements: (1) a justiciable controversy that presents a real, substantial,…
Stare Decisis, Precedent
Stare decisis — “to stand by things decided” — is a legal rule. The rule is that previous cases decided are binding or persuasive on courts deciding similar subsequent cases. The U.S. Supreme Court has held that the rule is of “fundamental importance,” promoting “stability, predictability, and respect for judicial authority.” Hilton v. South Carolina Public…
Missouri Supreme Court Substitute Briefs
There are generally two ways to get a case heard in the Missouri Supreme Court. First, it has jurisdiction over certain cases, like constitutional challenges, certain types of revenue laws, and death penalty appeals. Second, it can hear cases which present questions of general interest or importance. Under this second approach, the Court of appeals…
Appellate Briefing, Points on Appeal
Appeals are technically and substantively complicated. With appeals, there is more of an emphasis on what the law is, whereas a trial court is often more focused on what factually occurred. The factual determinations made in the trial court are almost always binding on appeal. The legal effect of those facts are what is disputed…
Question of Fact, Trial
When a “question of fact” exists, a trial is often needed. It is improper for a Court to decide factual disputes without a trial, particularly on a motion to dismiss or for summary judgment. But, when does a “question of fact” exist? It exists in one of three situations. “A factual question exists if [1]…
Merger Doctrine, Contracts
A “merger clause” is a common provision in a contract. It will usually state something along the lines of the contract being a “complete and exclusive statement of the agreement.” If a contract is a final, complete agreement, the parol evidence rule prohibits prior or contemporaneous oral agreements which vary or contradict the written terms…
Trust Language: “Necessary or Advisable” Distributions
The language of a trust is extremely important. And when a will, trust, and other estate documents form part of the same plan, they are interpreted together. Indeed, “[w]hen a trust and will form parts of the same plan, they must be construed together.” Shriners Hospital for Children v. Schaper, 215 S.W.3d 185, 189-90 (Mo….
Failure to State a Claim, Appeals
A lawsuit fails to state a claim when assuming all of its ultimate factual allegations are true a plaintiff still fails. The argument that a lawsuit fails to state a claim is waivable. Before 2012, a failure to state a claim argument could be raised for the first time on appeal. After 2012, the defense…
Trustee Record Keeping Duty
A trustee is required to “keep adequate records of the administration of the trust.” Section 456.8-810, RSMo. This is closely related to the duties to act with prudence and report and inform to the beneficiaries. Failure to follow any of these duties is a breach of trust. It could lead to a damages claim. If…