Legal Articles

Personal Liability for Corporate Officers and Directors

One of the traditional benefits of a corporation is that it generally shields its shareholders, directors and officers from the liabilities of the corporation. Indeed, merely holding a corporate officer in Missouri does not subject one to personal liability for the misdeeds of the corporation. Grothe v. Helterbrand, 946 S.W.2d 301, 304 (Mo. Ct. App. 1997)….

Prevailing Party Attorney Fees in the Merchandising Practices Act ("MPA")

The MPA is an extraordinarily broad statute intended to protect consumers. It  loosens the rigid requirements for traditional common law fraud, negligent misrepresentation, product liability claims, etc. To further its objectives, the MPA statutorily authorizes reasonable attorney fees to a “prevailing party” in MPA litigation. “Missouri has adopted the American Rule; that is, absent statutory…

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