Legal Articles

Gratuitous Services & Family Relationship Defense

A “family relationship” is an affirmative defense to certain claims. It is rare. It can arise as a defense to claims of unjust enrichment, quantum meruit, or adverse possession. The defense is that services were rendered out of love and affection and that one was not necessarily trying to seek money. “The existence of a…

Work Product Protections

The “work product doctrine” is a defense to pretrial discovery. State ex rel. Malashock v. Jamison, 502 S.W.3d 618, 619-20 (Mo. 2016). It prohibits the disclosure of tangible and intangible work created or commission by counsel in preparation for possible litigation. Id. It consists of materials reflecting an attorney’s efforts at preparing a case — including but…

Adequate Period of Time for Discovery, Summary Judgment

A summary judgment is essentially a trial without having to go through the “traditional” in-person trial process. It is typically entered for one party where based on certain undisputed facts that party is legally entitled to a judgment in his, her or its favor. Procedurally, however, a “motion for summary judgment should be denied, or…

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