Reformation is a legal theory used to correct mistakes in a legal document. More technically, it is an “extraordinary equitable remedy and should be granted with great caution and only in clear cases of fraud or mistake.” Morris v. Brown, 941 S.W.2d 835, 840 (Mo. Ct. App. 1997). For example, in cases of mistake, the mistake…
Legal Articles
Exhaustion of Administrative Remedies
Before filing a lawsuit relating to the actions of an administrative agency, a litigant must typically exhaust all administrative remedies. Indeed, “[i]t is well settled that when an administrative remedy is available[,] such remedy must be exhausted before a court may give injunctive or declaratory relief.” Mo. Health Care Ass’n v. Mo. Dep’t of Soc. Servs.,…
Harmless Error
To prevail as the appealing party on an appeal, you must demonstrate that there is reversible error. Very generally, “reversible error” is an error which affects the outcome of a case and prejudices the losing party. State v. Buamruk, 280 S.W.3d 600, 614 (Mo. 2009). This can be a tall hill to climb. For instance, if an appellant…
Ripeness
Ripeness and standing are related concepts. Both must be present for a plaintiff to bring a lawsuit. To have “standing,” the party seeking relief must have a “legally cognizable interest” and a “threatened or real injury.” Manzara v. State, 343 S.W.3d 656, 659 (Mo. 2011). Assuming standing exists, a court will not reach the merits…
Future Lost Profits
The purpose of damages (i.e., a money award from a judge/jury) is to make a plaintiff whole. With a contract case, for instance, the goal is to “restore a plaintiff to the position he would have been in had the contract not been breached.” Lipton Rlty v. St. Louis Housing Authority, 705 S.W.2d 565, 569 (Mo….
Proving Damages in Defamation
Defamation is a very difficult, amorphous claim. Most potential defamation claims are not pursued because it can be very difficult to prove damages. A “plaintiff must prove actual damages in all defamation cases.” Nazeri v. Mo. Valley Coll., 860 S.W.2d 303, 313 (Mo. 1993) . Stated differently, “[p]roof of actual reputational harm is an absolute…
Daubert Challenges
A “Daubert Challenge” generally means a request to exclude a potential expert’s testimony. In most courts, an expert is one who possesses knowledge, skill, experience, training, or education and testifies in the form of an opinion about scientific, technical, or other specialized knowledge. There are five important considerations. First, the evidence must be scientific, technical,…
Real Party in Interest
Missouri Civil Procedure Rule 52.01 requires that “every civil action shall be prosecuted by the real party in interest.” But who or what is a “real party in interest”? The real party in interest is a party having a “justiciable interest susceptible of protection through litigation.” Perkinson v. v. Burford, 623 S.W.2d 30, 34 (Mo….
Preserving Error, Appeals
When appealing a judgment in Missouri, the appealing part must demonstrate that he or she raised the relevant issues before the trial court. Indeed, “[a]n issue that was never presented to or decided by the trial court is not preserved for appellate review.” State v. Davis, 348 S.W.3d 768, 770 (Mo. 2011). The reasoning for this…
Comity
Sounding similar to “comedy,” comity comes up when there are multiple similar lawsuits pending. In an intrastate context, there are specific rules, like ademption or the pending action doctrine, which deal with how successive, similar lawsuits may be addressed. Comity, however, usually comes up in an interstate context. Comity is where one state court defers…