Power of attorney instruments are “strictly construed.” In re Estate of Lambur, 397 S.W.3d 54, 65 (Mo. App. S.D. 2013). While the definition of strict construction varies depending on who you ask, most agree that it calls for a more narrow, literal interpretation of a document. A strict construction, though, does not preclude “implied authority to…
Principal-Agency Liability
If a principal-agent relationship exists, it can have a tremendous impact on a potential lawsuit. “Agency is the fiduciary relationship resulting from the manifestation of consent by an agent to a principal that the agent will act on the principal’s behalf and subject to his or her control.” Cent. Trust and Inv. Co. v. Signalpoint Asset…
Abandoned Pleadings
Pleadings are the main legal documents that set forth a parties claims and defenses. They “present, define, and isolate the issues, so that the trial court and all parties have notice of the issues.” Norman v. Wright, 100 S.W.3d 783, 786 (Mo. 2003). Although Missouri is a fact-pleading state, only “ultimate facts” — those the jury…
Curative Admissibility Doctrine
At trial, the admissibility of evidence is within the trial court’s discretion. Nelson v. Waxman, 9 S.W.3d 601, 604 (Mo. 2000). There is an “abuse,” in this context, when a (1) ruling is clearly against the logic of the circumstances and is (2) so unreasonable and arbitrary that the ruling shocks the sense of justice and…
Claimant Summary Judgment Motions
Summary judgment is a procedure where the Court concludes one side to a lawsuit wins under the law without a trial. It requires there to be (1) no dispute about material facts and (2) that the moving party is entitled to judgment under the law. Summary judgment is an “extreme and drastic remedy” that must…
Mistrials
A mistrial is where a judge effectively cancels a trial because of an extremely prejudicial error that occurs during a trial. “A mistrial is a drastic remedy, and the decision to grant one is largely within the discretion of the trial court.” Callahan v. Cardinal Glennon Hosp., 863 S.W.2d 852, 867 (Mo. 1993); see Pierce v. Platte-Clay…
Felonies, Convictions, Impeachment Evidence
Unlike in federal court, Missouri State Courts allow more flexibility regarding the use of prior convictions to impeach a witness. Section 491.050, RSMo provides, in part that: “Any person who has been convicted of a crime is, notwithstanding, a competent witness; however, any prior criminal convictions may be proved to affect his credibility in a…
Reformation Statute of Limitations
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
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….
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.,…