A mistrial is where a judge effectively cancels a trial because of an extremely prejudicial error that occurs during a trial. “A mistrial is a drastic remedy, and the decision to grant one is largely within the discretion of the trial court.” Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852, 867 (Mo. 1993); see Pierce v. Platte-Clay…
Legal Articles
Felonies, Convictions, Impeachment Evidence
Unlike in federal court, Missouri State Courts allow more flexibility regarding the use of prior convictions to impeach a witness. Section 491.050, RSMo provides, in part that: “Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a…
Reformation Statute of Limitations
Reformation is a legal theory used to correct mistakes in a legal document. More technically, it is an “extraordinary equitable remedy and should be granted with great caution and only in clear cases of fraud or mistake.” Morris v. Brown, 941 S.W.2d 835, 840 (Mo. Ct. App. 1997). For example, in cases of mistake, the mistake…
Finality re: Collateral Estoppel, Res Judicata
Collateral estoppel is a “court-made doctrine,” precluding re-litigation of an issue previously decided. Sexton v. Jenkins & Associates, Inc., 152 S.W.3d 270, 273 (Mo. 2004). To be “final” for collateral estoppel purposes, a judgment need only be “sufficiently firm to be accorded conclusive effect.” Ogle v. Guardsman Ins. Co., 701 S.W.2d 469, 471 (Mo. App….
Exhaustion of Administrative Remedies
Before filing a lawsuit relating to the actions of an administrative agency, a litigant must typically exhaust all administrative remedies. Indeed, “[i]t is well settled that when an administrative remedy is available[,] such remedy must be exhausted before a court may give injunctive or declaratory relief.” Mo. Health Care Ass’n v. Mo. Dep’t of Soc. Servs.,…
Harmless Error
To prevail as the appealing party on an appeal, you must demonstrate that there is reversible error. Very generally, “reversible error” is an error which affects the outcome of a case and prejudices the losing party. State v. Buamruk, 280 S.W.3d 600, 614 (Mo. 2009). This can be a tall hill to climb. For instance, if an appellant…
Ripeness
Ripeness and standing are related concepts. Both must be present for a plaintiff to bring a lawsuit. To have “standing,” the party seeking relief must have a “legally cognizable interest” and a “threatened or real injury.” Manzara v. State, 343 S.W.3d 656, 659 (Mo. 2011). Assuming standing exists, a court will not reach the merits…
Collateral Litigation Exception American Rule
One of the narrow exceptions to the American Rule — that each side is responsible for his/her own attorney fees win or lose — is the collateral litigation exception. “[W]here the natural and proximate result of a breach of duty is to involve the wronged party in collateral litigation,” attorney fees are available. Johnson v….
Future Lost Profits
The purpose of damages (i.e., a money award from a judge/jury) is to make a plaintiff whole. With a contract case, for instance, the goal is to “restore a plaintiff to the position he would have been in had the contract not been breached.” Lipton Rlty v. St. Louis Housing Authority, 705 S.W.2d 565, 569 (Mo….
Proving Damages in Defamation
Defamation is a very difficult, amorphous claim. Most potential defamation claims are not pursued because it can be very difficult to prove damages. A “plaintiff must prove actual damages in all defamation cases.” Nazeri v. Mo. Valley Coll., 860 S.W.2d 303, 313 (Mo. 1993) . Stated differently, “[p]roof of actual reputational harm is an absolute…