Legal Articles

Change to Claims for Punitive Damages (2020)

Effective August 28, 2020, and subject to any potential court challenges and legislative modifications, Missouri law relating to punitive damages has changed quite a bit. The changes — codified in 510.261, RSMo — are procedural and substantive. Substantively, punitive damages cannot be award unless the plaintiff proves by “clear and convincing evidence that the defendant…

Contract Damages, Appeal

An appellate court in Missouri will only reverse a judgment that awards breach of contract damages if there are no facts in that present a “rational basis for a rational estimate of damages.” Gilham v. LaRue Constr., 136 S.W.3d 852, 856 (Mo. Ct. App. 2004). Typically, the objective in awarding contract damages is to put…

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