Legal Articles

Standing for Breach of Contract

“[O]nly parties to a contract and any third-party beneficiaries of a contract have standing to enforce that contract.” Verni v. Cleveland Chiropractic Coll., 212 S.W.3d 150, 153 (Mo. 2007). It is difficult to prove that you are a third-party beneficiary. The reasoning for this high hurdle is that courts are reluctant to spread breach of…

Standing to Sue

“Standing” generally refers to the ability of an individual to file a claim in court. It essentially asks whether a person has a right to obtain relief in court. “Standing is a jurisdictional matter antecedent to the right to relief.” State ex rel. Williams v. Marsh, 626 S.W.2d 223, 227 n. 6 (Mo. 1982). Standing…

Justiciability, Mootness

A court can only entertain a case if there is “justiciability.” A justiciable controversy exists where the (1) plaintiff has a legally protectable interest at stake, (2) a substantial controversy exists between parties with genuinely adverse interests, and (3) the controversy is ripe for judicial determination. Mo. Health Care Ass’n v. Attorney Gen. of Mo.,…

Trust Litigation

Trust litigation is becoming more frequent. This is due to a number of factors, such as changes in trust laws and an ageing segment of the population who created trusts. Another important factor is that the Uniform Trust Code, which has been mostly adopted in Missouri, permits a broad range of individuals to file lawsuits…

Mootness on Appeal

Courts can generally only render an opinion or judgment when there is actually a controversy in a case. Legally, this means that a party filing a lawsuit must have “standing” and there must be a “justiciable” controversy. This  exists when a party has an interest in the subject matter of the suit that gives it a…

Assignments: Deeds, Contracts, Accounts, Promissory Notes, Successor in Interest

Many times contracts, promissory notes, deeds or other accounts are sold and transferred to other individuals or entities. After such transfer, proof of an assignment/transfer of the underlying instrument is essential in the event that a suit is filed to enforce the instrument. Korte Costr. Co. v. Deaconess Manor Ass’n, 927 S.W.2d 395, 404 (Mo. Ct. App….

"Facially Unconstitutional" or "Unconstitutional As Applied"

Nowhere in the U.S. Constitution does it mention how laws that are facially unconstitutional or unconstitutional as-applied should be treated. Rather, this distinction is one that has been formed and developed in U.S. Supreme Court (SCOTUS) precedent. The source of the facial/as-applied distinction flows from concerns over strict interpretation of “cases and controversies,” judicial review…

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