Claim-splitting often occurs when one party brings successive actions against the same defendant. It is prohibited. “Claims that could have been raised by a prevailing party in the first action are merged into, and are thus barred by, the first judgment.” Chesterfield Village v. City of Chesterfield, 64 S.W.3d 315, 318 (Mo. 2002). The reason for…
Statement of Uncontroverted Material Facts, Summary Judgment
Summary judgment procedures are rigid and must be followed. Perhaps the most important part of summary judgment practice is the uncontroverted material facts. This includes both the assertion of the facts and denials. As the Missouri Supreme Court has made clear, facts only come into the summary judgment record via Rule 74.04’s numbered paragraph procedure….
Property Damage: Diminution in Value and Cost of Repair
When there is damage to real property, the ordinary way to calculate the damages is the diminution in value test. While circumstances causing damage can vary, it usually comes up in construction defect or repair cases. The “diminution in value test…is calculated by determining the difference between the fair market value before and after the…
Absence of Justification: Tortious Interference
To prove tortious interference with a contract or business expectancy, one of the requirements is to show an “absence of justification.” Rice v. Hodapp, 919 S.W.2d 240, 245 (Mo. 1996). Generally, “absence of justification” means the absence of any legal right on a defendant’s part to take the complained of actions. Howard v. Youngman, 81 S.W.3d 101,…
Adequate Remedy at Law, Declaratory Judgments
Declaratory relief is not a “general panacea for all real and imaginary ills.” Missouri Soybean v. Missouri Clean Water, 102 S.W.3d 10, 25 (Mo. 2003). “It is not available to adjudicate hypothetical or speculative situations that may never come to pass.” Id. There are four elements: (1) a justiciable controversy that presents a real, substantial,…
Stare Decisis, Precedent
Stare decisis — “to stand by things decided” — is a legal rule. The rule is that previous cases decided are binding or persuasive on courts deciding similar subsequent cases. The U.S. Supreme Court has held that the rule is of “fundamental importance,” promoting “stability, predictability, and respect for judicial authority.” Hilton v. South Carolina Public…
Missouri Supreme Court Substitute Briefs
There are generally two ways to get a case heard in the Missouri Supreme Court. First, it has jurisdiction over certain cases, like constitutional challenges, certain types of revenue laws, and death penalty appeals. Second, it can hear cases which present questions of general interest or importance. Under this second approach, the Court of appeals…
Appellate Briefing, Points on Appeal
Appeals are technically and substantively complicated. With appeals, there is more of an emphasis on what the law is, whereas a trial court is often more focused on what factually occurred. The factual determinations made in the trial court are almost always binding on appeal. The legal effect of those facts are what is disputed…
Question of Fact, Trial
When a “question of fact” exists, a trial is often needed. It is improper for a Court to decide factual disputes without a trial, particularly on a motion to dismiss or for summary judgment. But, when does a “question of fact” exist? It exists in one of three situations. “A factual question exists if [1]…
Merger Doctrine, Contracts
A “merger clause” is a common provision in a contract. It will usually state something along the lines of the contract being a “complete and exclusive statement of the agreement.” If a contract is a final, complete agreement, the parol evidence rule prohibits prior or contemporaneous oral agreements which vary or contradict the written terms…