Merry Christmas!
Related Articles
“Transfers” Fraudulent Transfer Act
The fraudulent transfer act allows a creditor to unwind property transfers designed to defeat a creditor’s rights. “To set aside a transfer as fraudulent under the [Missouri Uniform Trust Act], it is necessary to show that the transfer was made with an intent to hinder, delay, or defraud creditors.” Birkenmeiner v. Keller Biomedical, LLC, 312…
Read MoreWitness Sequestration Rule
“Witness sequestration” refers to a Court barring witnesses from the court room when a trial is being conducted. The purpose of the rule is two-fold: (1) it prevents a witness from “tailoring” testimony and it (2) aids in detecting testimony that is less than candid. Mitch Crawford Holiday Motors, 987 S.W.2d 359, 365 (Mo. App….
Read MoreFacial versus As-Applied Challenges
A law is either facially unconstitutional or unconstitutional as-applied to a certain situation. There are significant differences in how the law treats these challenges. A facial challenge to constitutionality is more difficult than an as-applied challenge. With a facial challenge, the Court evaluates the law generally and determines if there should be a “complete invalidation…
Read MoreFee & Cost Statutes
Statutes often refer to awards of “costs” or “fees.” “Costs” and “fees,” however, are not synonymous. Smith v. City of St. Louis, 395 S.W.3d 20, 26 (Mo. 2013). Unless there is statutory authorization, or a contract calling for a shift of fees, litigants must generally bear their own attorney fees, win or lose. Clayton Terrace Subd….
Read More