Legal Articles

Power of Attorney Litigation, Attorney Fees

Power of attorney litigation often occurs in conjunction with trust litigation. While there are similarities between the fiduciary duties of a trustee and attorney-in-fact, there are different statutory regimes and differing duties. As a general matter, a trustee’s fiduciary duties are more stringent and comprehensive than the duties of an attorney-in-fact. Significantly, the power of…

Ordinance Violations, Civil Suits, Zoning & Planning Laws

In Missouri, an individual may not sue a government or municipality for failure to enforce its ordinances. There are some indirect exceptions to this rule. Specifically, an individual may, in certain circumstances, sue another individual civilly for failure to follow zoning or land use ordinances. Under Section 89.491, RSMo, a person aggrieved by certain zoning…

Lanham Act Attorney Fee Awards, Trademarks, Exceptional Cases

The Lanham Act is the federal statute addressing trademark lawsuits. Under the Lanham Act, a court may “in exceptional cases award reasonable attorney fees to the prevailing party.” The US Supreme Court explained, in the patent infringement context: “[A]n ‘exceptional’ case is simply one that stands out from others with respect to the substantive strength…

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