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., 851 S.W.2d 567, 569 (Mo. App. W.D. 1993). “This principle is founded upon the theory that agencies have special expertise and a factual record can be developed more fully by pursuing the designated channels for relief within the agency.” Premium Standard Farms, Inc. v. Lincoln Twp. of Putnam Cnty, 946 S.W.2d 324, 237 (Mo. 1997).

By statute, Missouri has created three narrow exceptions to this general rule: (1) the administrative agency has no authority to grant the request relief or the administrative remedy is inadequate, (2) the questions presented are constitutional issues or questions of law, or (3) requiring exhaustion of remedies would result in undue prejudice and/or irreparable harm. Section 536.050.2, RSMo.

Reformation Statute of Limitations

May 18, 2023

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

May 10, 2023

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….