Attorney/Lawyer Free Consultations
Contact us for a free consultation in the following practice areas:
- Family Law Attorney
- Traffic Attorney
- Criminal Law Attorney
Related Articles
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…
Read MoreMootness, 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…
Read MoreComity, Multiple Lawsuits, Litigation
In complex situations, it is not uncommon for multiple lawsuits to be pending in multiple jurisdictions. When this occurs, one court, in the interests of comity, may allow the other court to handle the entire dispute. At the state level in Missouri, comity is not an ironclad rule, but a rule of “practice, convenience, and…
Read MoreContracts: General versus Specific Provisions
Parties are bound to the terms of the contract they sign, unless induced by fraud, duress, or undue influence. Lehman v. Automotive Investments, LLC, 608 S.W.3d 733, 738 (Mo. App. E.D. 2020). In analyzing contracts, courts focus on the plain and ordinary meaning of the language used. Id. Often times, however, a conflict can arise between what…
Read More