In trials, particularly jury trials, it is generally improper to bring up the relative wealth of the parties. The size, wealth, and corporate status of a party during trial are improper when intended to arouse prejudice and not within the scope of legitimate argument. Porter v. Toys ‘R’ Us-Delaware, Inc., 152 S.W.3d 310, 324 (Mo. Ct….
Equitable Tolling
Equitable tolling refers to a court extending the time to file a claim outside of the normal statute of limitations. A “statute of limitations may be suspended or tolled only by specific disabilities or exceptions enacted by the legislature and the courts are not empowered to extend those exceptions.” Shelter Mutual Insurance Co. v. Director of…
Implied Primary Assumption of Risk
Implied primary assumption of the risk is a defense to certain claims. It provides that “if a person voluntarily consents to accept the danger of a known and appreciated risk, that person may not sue another for failing to protect him from it.” Coomer v. Kansas City Royals Baseball Corp., 437 S.W.3d 184, 191 (Mo….
Jury Misconduct, Mistrial
A “mistrial” is essentially a ruling by the Court that cancels or calls off a trial as if it never occurred. “Mistrial is a drastic remedy and should be employed only in the most extraordinary circumstances.” State v. McFadden, 369 S.W.3d 727, 740 (Mo. 2012). Whether to grant a mistrial “is left to the discretion of the…
Declaratory Relief, Criminal Statutes
The Declaratory Judgment Act is “liberally construed.” Committee for Educ. Equality v. State, 878 S.W.2d 446, 462 (Mo. 1994). A “[d]eclaratory judgment is sui generis, and is neither legal nor equitable.” Smith v. Smith, 623 S.W.3d 662, 677 (Mo. Ct. App. 2021). It is, however, analyzed and treated as an equitable remedy. State ex rel….
Disclosed Principals, Contracts
Only parties to a contract can typically sue for breach of contract. Sometimes, though, there is uncertainty as to who is a party (or responsible for) a contract. Things can become confusing when there are principal-agent relationships in play. A principal-agent relationship is where an agent — one person — acts on behalf of a…
Interpreting Multiple Documents Forming One Transaction
Often times multiple separate legal documents will be executed in one legal transaction. A real estate purchase may include a promissory note, deed of trust, and purchase agreement. An estate plan may consist of a will, trust, power of attorney, and other instruments. More documents frequently creates more room for error. When uncertainties arise, Courts…
Third-Party Standing
Standing is an antecedent to the right to relief. Comm. for Educ. Equal. v. State, 878 S.W.2d 446, 450 n3 (Mo. 1994). To have standing, a plaintiff must demonstrate a “legally cognizable interest” and a “threatened or real injury.” Manzara v. State, 343 S.W.3d 656, 659 (Mo. 2011). Standing is a “necessary component of a justiciable…
First Material Breach Versus Condition Precedent
Performance of a condition precedent and first material breach are related but distinct concepts in contract litigation. “A condition precedent is an act or event that must be performed or occur, after the contract has been formed, before the contract becomes effective.” Gillis v. New Horizon Dev. Co., Inc., 664 S.W.2d 578, 580 (Mo. Ct. App….
“Transfers” under the Fraudulent Transfer Act
The Missouri Fraudulent Transfer Act is intended to stop debtors from transferring assets to avoid creditors. To prevail on a fraudulent transfer act claim, a plaintiff needs to “show that the transfer made with an intent to hinder, delay, or defraud creditors.” Taylor v. Clark, 140 S.W.3d 242, 251 (Mo. Ct. App. 2004). Intent to defraud…