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…
Legal Articles
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…
Directed Verdict for Plaintiffs
A plaintiff in a civil lawsuit has the burden and obligation to prove his or her case. In a jury trial, it is standard practice for a defendant to move for a directed verdict when the plaintiff is done presenting his or her case. A directed verdict is where the Court finds for the defendant…
Litigation Attorney: Saint Louis
Litigation refers to the process where a plaintiff institutes a proceeding in a pertinent court of law and requests legal or equitable relief against a defendant. What’s the difference between legal and equitable relief? Legal relief is money damages. Equitable relief is when the Court enters Orders or Decrees directing someone to either act or…