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Litigation Practice Blog


04.25.2012 Y’all Be Careful With Ya’ Language, Ya’ Hear?
Ran across a curious news story from Richmond,Virginia.  Apparently, a wife’s father made a $15,000 gift to “Y’all.”  The court, after determining that a number of gifts were made solely to...

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04.19.2012 Silver Spoon Ridiculousness
Reasonableness, or even sanity, may be in short supply.  Those of us who have been, know that being a parent can be challenging at times.  And before being a parent, we were amazed at how our...

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03.14.2012 A Primer on Guardianship/Conservatorship in Missouri
With the population aging, the onslaught of some of the conditions that come with aging is increasing.  The need for a guardian/conservator is more prevalent today than in years past. A...

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03.05.2012 Missouri Upholds Large Punitive Damages Award in Wrongful Discharge Case
Missouri is an “at-will” employment state, meaning employers generally have the right to terminate employees for any reason or no reason at all, with or without cause.  However, the public...

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02.03.2012 Companies Should Take Immediate Action to Preserve Electronically Stored Information upon Notice of a Lawsuit
A recent decision by the Western District of Tennessee imposed sanctions on a company for inadequately preserving electronically stored information (“ESI”) after notice of a lawsuit against the...

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01.13.2012 Quotable Quotes on the Law and Lawyers
On the east-facing, exterior wall of the City of St. Louis Circuit courthouse, it is written in stone, “Where law ends, Tyranny begins.”  That worthy observation is attributed to William Pitt,...

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12.01.2011 A Primer on Private Nuisance Law in Missouri
In Missouri, a property owner generally has the right to exclusive possession and control of his or her property and the right to devote it to any type of lawful use which satisfies the owner's...

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11.04.2011 MMPA Claims Accrue When Damage Capable of Discovery
The Missouri Court of Appeals recently gave a refresher course on the time of accrual for claims under the Missouri Merchandising Practices Act (“MMPA”).  In Ball v. Friese Construction Co., the...

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10.26.2011 Third-Party Beneficiaries in Missouri: An Overview
Missouri law is clear that to be considered a third-party beneficiary under a contract, the contract must clearly express an intent to benefit that party or an identifiable class to which the party...

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10.14.2011 Actions Indicating Desire to Keep Job Support Involuntary Discharge Over Voluntary Relinquishment
On October 4, 2011, the Missouri Court of Appeals reversed another decision by the Labor and Industrial Relations Commission (“Commission”) denying unemployment benefits to a claimant who had...

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