Legal Articles

Sales Commission Violations

Missouri provides a statutory remedy for failure to pay sales commissions. “The sales commission statutes focus on the timely payment of sales commissions earned by a sales representative under contract with a principal.” Lapponese v. Carts of Colorado, Inc., 422 S.W.3d 396, 401 (Mo. App. E.D. 2013). The statute authorizes a recovery of attorney fees and…

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…

Avoidances: Affirmative Defense to an Affirmative Defense

In civil litigation, defendants often plead affirmative defenses. An affirmative defenses is an additional fact which, if true, defeats a plaintiff’s claim. For example, the statute of limitations is an affirmative defense. A plaintiff may allege, then, that because plaintiff’s claim is untimely the lawsuit fails. The most meritorious claim in the world will be…

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…

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