The central purpose of any trial is to determine what factually occurred and to determine who wins under the law based on those factual determinations. In litigation, a “judicial admission” is any act “done in the course of judicial proceedings that concedes for the purpose of litigation that a certain proposition is true.” Moore Automotive…
Legal Articles
Removal to Federal Court, Counterclaims
If a lawsuit is filed in state court, one or more defendants can “remove” or transfer the case to federal court if there is diversity jurisdiction or federal question jurisdiction. If a defendant files a counterclaim, that counterclaim cannot serve the basis for removal to federal court. More to the point, it is the lawsuit…
Types of Conversion, Personal Property Misuse
Conversion is the civil claim pertaining to misuse of another’s personal property. It is the “intentional exercise of dominion or control over [personal property] which so seriously interferes with the right of another to control it that the [wrongdoer] may justly be required to pay” for the value of the property. Breece v. Jett, 556…
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…
Cumulative Evidence, Expert Witnesses
A trial court has substantial discretion regarding what evidence is admissible at a trial. Stated differently, “[b]alancing the effect and value of evidence is within the trial court’s sound discretion.” State v. Mathews, 33 S.W.3d 658, 661 (Mo. Ct. App. 2000). This extends to “cumulative evidence.” Rodriguez v. Suzuki Motor Corp., 996 S.W.2d 47, 72 (Mo….
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…
Resulting Trusts
Resulting trusts and constructive trusts are nebulous equity concepts in the law. Both are generally viewed as remedies. Both are “implied trusts.” Colonial Presbyterian Church v. Heartland, 375 S.W.3d 190, 195 (Mo. App. W.D. 2012). A resulting trust is “implied by law to meet the requirements of justice that a legal status be given to what…
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…
Premises Liability: Third-Party Criminal Acts
As a general rule, if a customer/invitee of a business is harmed by a third-party criminal act, the business is not responsible. The rationale for this rule is that criminal acts are rarely foreseeable. Early v. Dunn, 670 S.W.3d 47, 51 (Mo. App. E.D. 2023). There are a number of exceptions. First, a duty arises…
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…