Legal Articles

Trustee Good Faith Discretion, Breach of Trust

A trustee has the duty to exercise the requisite care, skill and diligence of a person of ordinary prudence would exercise. Jarvis v. Boatmen’s National Bank of St. Louis, 478 S.W.2d 266, 273 (Mo. 1972). The specific actions necessary to accomplish this goal depends on the nature of the trust, particularly its assets and distribution schemes….

Work Product, Waiver

Confidential communications between attorney and client are privileged and generally exempt from discovery or disclosure. Attorney work product, both tangible and intangible, is also protected — and is often equally as important. Attorney work product applies to two different types of information: (1) opinion work product and (2) trial preparation materials. Opinion work product relates…

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…

Contract Under Duress

In breach of contract litigation, many defenses are often lodged by a defendant to attack the validity of the contract or excuse his/her non-performance under the contract. Common defenses in contract litigation include accord and satisfaction, that there is a contractual ambituity, that the other party committed a first material breach, misrepresentation/fraudulent inducement, unconscionability and…

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