Legal Articles

Representative Capacity versus Individual Capacity

Although it may seem unnecessarily complicated, the capacity in which a party is named in a suit matters significantly. For example, in what capacity a party is joined frequently arises in the probate litigation context. “Proceeding in a representative capacity is different than proceeding as an individual.” Singer v. Siedband, 138 S.W.3d 750, 755 (Mo….

Contract Statute of Limitations

Five years is the general statute of limitations in Missouri. There are two different statutes of limitations applying to breach of contract claims. Section 516.120(1), RSMo requires “all actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and…

Lanham Act Attorney Fee Awards, Trademarks, Exceptional Cases

The Lanham Act is the federal statute addressing trademark lawsuits. Under the Lanham Act, a court may “in exceptional cases award reasonable attorney fees to the prevailing party.” The US Supreme Court explained, in the patent infringement context: “[A]n ‘exceptional’ case is simply one that stands out from others with respect to the substantive strength…

Scroll to Top