Legal Articles

Punitive Damages with Equitable Relief, Legal Damages

Punitive damages (aka exemplary damages) are “imposed for the purpose of punishment and deterrence.” State ex rel. Smith v. Greene, 494 S.W.2d 55, 60 (Mo. 1973). Courts have consistently observed that punitive damages are a harsh remedy and should be applied sparingly. As such,  proof of clear and convincing evidence is required to merit an award…

Temporary Restraining Orders & Preliminary Injunctions

Perhaps the most commonly known forms of equitable relief are temporary restraining orders and preliminary injunctions. Both are designed to preserve the status quo pending the merits of a case. In Missouri, and most other jurisdictions, the primary purpose of a temporary restraining order is to preserve the status quo. Walker v. Hanke, 992 S.W.2d 925,…

Restraining Orders, Injunctions, Ex Parte Orders of Protection

Generally, Courts have two different types of remedies they may award an aggrieved party: legal remedies or equitable remedies. The former is money damages. The latter is when the Court enters Orders or Decrees directing someone to either act or to forbear from acting (e.g., an injunction or restraining order); equity is often appropriate where…

Scroll to Top