Wealth of Litigants at Trial

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…

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…

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…

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