The relation-back doctrine involves both the statute of limitations and the amendment of a lawsuit. To be viable, any lawsuit must be timely filed within the applicable statute of limitations. “Statutes of limitation were never intended to be used as swords. Rather, they are shields, primarily designed to assure fairness to defendants by prohibiting stale…
Legal Articles
Judicial Immunity
Missouri and federal courts recognize judicial immunity. Judicial immunity exempts conduct from civil or criminal liability. It is “conduct which is intimately associated with the judicial phase of the judicial process.” White v. Camden Cnty. Sheriff’s Dept, 106 S.W.3d 626, 633 (Mo. Ct. App. 2003). The defense may be invoked by individuals who are not…
Trust Interpretation, Litigation
When interpreting trusts, there are a number of guidelines to keep in mind. The Grantor’s intent – and the specific language utilized – are paramount when interpreting a trust. Matter of TR Potter, Jr. Exempt Trust, 593 S.W.3d 556, 562 (Mo. App. E.D. 2019). In carrying out this objective, the trust instrument is interpreted as a…
Diversity Jurisdiction, Measuring $75,000
One of the ways to get to federal court is if there is diversity jurisdiction. This requires (1) complete diversity of citizenship of the adverse parties and an amount in controversy exceeding $75,000. Lee v. Airgas MidSouth, Inc., 793 F.3d 894, 899 (8th Cir. 2015); 28 U.S.C. § 1332(a). Many lawsuits, however, are coy on whether the…
Discovery Sanctions, Striking of Pleadings
In many civil litigation disputes — particularly factually complex cases — pre-trial discovery is cumbersome. Discovery is the fact-finding process (eg, depositions, interrogatories, requests for production, etc.) in a lawsuit. A lot of gamesmanship and dilatory tactics occur in discovery. In Missouri, “[a] trial court has an obligation to ensure that discovery rules are followed and…
Peremptory Challenges: Jury Selection
Jury selection is more aptly described as jury elimination. Jurors are struck or eliminated and the remaining jurors often become the jury. The overall purpose of jury selection is to “discover bias or prejudice in order to select a fair and impartial jury.” State v. Leisure, 749 S.W.2d 366, 373 (Mo. 1988). A potential juror…
Shareholder Oppression, Corporate Litigation
Under Section 351.494, RSMo, a Court may dissolve a corporation where there is illegality, oppressive conduct, or fraudulent conduct. “Dissolution” — the termination and winding down of a corporation — is considered a drastic remedy. Struckhoff v. Echo Ridge Farm, Inc., 833 S.W.2d 463, 466 (Mo. App. E.D. 1992). Shareholder must be proven by the…
Wealth of Litigants at Trial
In trials, particularly jury trials, it is generally improper to bring up the relative wealth of the parties. The size, wealth, and corporate status of a party during trial are improper when intended to arouse prejudice and not within the scope of legitimate argument. Porter v. Toys ‘R’ Us-Delaware, Inc., 152 S.W.3d 310, 324 (Mo. Ct….
Equitable Tolling
Equitable tolling refers to a court extending the time to file a claim outside of the normal statute of limitations. A “statute of limitations may be suspended or tolled only by specific disabilities or exceptions enacted by the legislature and the courts are not empowered to extend those exceptions.” Shelter Mutual Insurance Co. v. Director of…
Implied Primary Assumption of Risk
Implied primary assumption of the risk is a defense to certain claims. It provides that “if a person voluntarily consents to accept the danger of a known and appreciated risk, that person may not sue another for failing to protect him from it.” Coomer v. Kansas City Royals Baseball Corp., 437 S.W.3d 184, 191 (Mo….