Legal Articles

Waiver Defenses

“Waiver” is a common defense raised in many civil lawsuits. It generally, however, has fairly precise requirements. Specifically, it requires an “intentional relinquishment or abandonment of a known right or privilege, and no one can be bound by waiver unless it was made with full knowledge of the rights intended to be waived.” Fed. Nat’l…

Personal Jurisdiction: General and Specific

A court’s personal jurisdiction of a corporation may be general (i.e., all-purpose) or specific (i.e., conduct-linked). General jurisdiction over a corporation typically in the (1) place of incorporation, (2) its principal place of business and/or (3) in places where the corporation’s activities are substantial. In contract, specific consideration requires consideration of the “relationship among the…

Forum Selection Clauses, Personal Jurisdiction

Personal jurisdiction is the authority of a court to render a judgment or decision about an individual or entity. For personal jurisdiction to exist, there must generally be some connection between a party and the state or forum rendering the judgment or decision. In may contracts or agreements, there are provisions designating where litigation must occur…

Jurisdiction: Personal & Subject Matter

Jurisdiction is an issue really only attorneys, judges, and legislators seem to think about, even though it is of tremendous importance. What is it? Missouri Courts recognize two types of jurisdiction: (1) subject matter jurisdiction and (2) personal jurisdiction. Subject matter jurisdiction is reasonably straightforward. It refers to a category of cases a particular court is…

Personal Jurisdiction: Non-Residents and Foreign Corporations

Personal jurisdiction(sometimes called in personam jurisdiction) refers to a court’s ability to bring a defendant into court and entertain litigation and enter a judgment. Say you and I both live in Missouri. A real estate dispute arises between us concerning property located in Saint Louis County. What happens if you file suit in Florida? Do…

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