Legal Articles

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…

Unfair Competition

While not a common claim, “unfair competition” is a lawsuit and claim that may be brought in Missouri. “Unfair competition is a species of commercial hiking…[i]t aims to effect honesty among competitors by outlawing all attempts to trade on another’s reputation…it strives to protect the buying public from deception.” Better Business Bureau, etc. v Chappell,…

Not Supported by Substantial Evidence, Against the Weight of the Evidence

When appealing a trial decided by a judge (as opposed to a jury), an appeals court will usually only reverse the trial judge’s judgement if there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law. Murphy v. Carron, 536 S.W.2d 30,…

Rule 52.02(k) Guardian Ad Litem Suggestions

What happens when someone is physically or mentally infirm, does not have a guardian/conservator and is a party to a lawsuit? When someone does not have an attorney in litigation, he or she is held to the same standard as a licensed attorney. However, when a physical or mental infirmity exists, that may be impossible. …

Precatory Language

In the context of estates and civil litigation, precatory language is language requesting, recommending, or expressing a desire rather than a command. Precatory words can include “wish,” “will,” “will and desire” and “request.” Rouner v. Wise, 446 S.W.3d 242, 256 (Mo. 2014). In Missouri, courts are reluctant to find the existence of a trust when precatory…

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