Legal Articles

Abandoned Pleadings

Once a pleading — whether it be a petition, answer, etc. —  is amended the prior iteration of the pleading is considered “abandoned.” Unless the subsequent pleading adopts or incorporates the contents of a prior pleading, the abandoned pleadings is largely irrelevant. In no uncertain terms, Missouri courts have described it as a “mere scrap…

Principal-Agency Liability

If a principal-agent relationship exists, it can have a tremendous impact on a potential lawsuit. “Agency is the fiduciary relationship resulting from the manifestation of consent by an agent to a principal that the agent will act on the principal’s behalf and subject to his or her control.” Cent. Trust and Inv. Co. v. Signalpoint Asset…

Abandoned Pleadings

Pleadings are the main legal documents that set forth a parties claims and defenses. They “present, define, and isolate the issues, so that the trial court and all parties have notice of the issues.” Norman v. Wright, 100 S.W.3d 783, 786 (Mo. 2003). Although Missouri is a fact-pleading state, only “ultimate facts” — those the jury…

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….

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