Tortious interference with business expectancies or contractual relations claims are difficult to make. Tortious interference in Missouri has five elements: (1) the plaintiff was involved in a valid business relationship; (2) the defendant was aware of that relationship; (3) the defendant intentionally interfered with that relationship, inducing its termination; (4) the defendant acted without justification; and…
Non-Monetary Claims Against the Estate
When an individual dies, there is generally no more than one year from the date of death to make a “claim” against his/her estate. The burden to commence a claim is the responsibility of the claimant. Mo. Highway & Transp. Com’n v. Myers, 785 S.W.2d 70, 73 (Mo. 1990). The general purpose of this deadline is…
Abandoned Pleadings
Once a pleading — whether it be a petition, answer, etc. — is amended the prior iteration of the pleading is considered “abandoned.” Unless the subsequent pleading adopts or incorporates the contents of a prior pleading, the abandoned pleadings is largely irrelevant. In no uncertain terms, Missouri courts have described it as a “mere scrap…
Appealing Dismissals Without Prejudice
The default rule is that only judgments on the merits or dismissals with prejudice may be appealed. Dismissals without prejudice mean that the litigant can re-plead and pursue the claims; so, the court of appeals is often reluctant to touch a dismissal without prejudice until the trial court had made a final decision. To that end, there…
Strict Construction, Implied Authority to Act as Attorney-in-Fact
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…