Articles
Decedent’s Disinherited Children Fail to Prove Lack of Mental Capacity or Undue Influence Involving Mom’s Trust
Missouri appeals court ruled that while an inequitable distribution of assets among the decedent’s children illustrates an unfortunate breakdown in the relationships between members of her family, the final bequest would not be disturbed because the trial judge...
Request to Pluck Chin Hair Contributes to Evidence Supporting Sexual Harassment Claim
A former employee of Bi-State Development Agency of Missouri–Illinois Metropolitan District sued her employer for alleged supervisor sexual harassment in violation of Title VII. The Eighth Circuit Court of Appeals reversed a summary judgment in favor of the employer....
Deductibility of Business Losses
We counsel all manner of businesses on choice of entity, a rather elementary question, but one that can have substantial impact. And, as most, if not all, of our business clients know, we routinely recommend a corporate form of business entity over the limited...
Affordable Care Act 2014 Update
There are a variety of issues and considerations for individuals and employers, both large and small, regarding the Affordable Care Act ("ACA"), or Obamacare, going into 2014. These include the implementation of the individual mandate, Small Business Health Options...
“Too Late,” Appeals Court Tells Condo Owners Association
The Missouri Court of Appeals has upheld the dismissal of a lawsuit brought by a condominium owners association against its former president on grounds that the claim was untimely and barred by the statute of limitations. Back in 2001, a former president informed the...
Wiping the Slate Clean Results in Liability for a Former Employee
While the idiom "wipe the slate clean" is popular at the beginning of a new year, it constituted a legal breach of employment agreements when the former employee installed Eraser 6, a data-wiping software, on his computer. In this federal court case, there was a...
It’s 5:00 a.m. and Snowing; Do You Have to Pay Your Employees Even if You Keep Your Business Closed?
***We originally published this article in February 2012. Almost a year later, the Midwest is in the middle of another major winter storm, with more snow likely to come before spring arrives. Accordingly, this is a perfect opportunity to republish this time...
Judge Demonstrates How to Dance the ESI Three-Step
The Missouri federal court based in St. Louis has adopted a three-step procedure to conduct discovery involving ESI ("Electronically Stored Information") especially in litigation involving trade secrets. Generally, courts have been cautious in requiring the mirror...
Purchase a Car Online from an Out-of-State Dealer? You May Not be Able to Bring Suit in Missouri
As is common in today's Internet-driven society, the plaintiff purchased a car from a Texas car dealership through the eBay website. He reviewed the vehicle information on eBay from his computer in Missouri, and he submitted his "buy it now" bid from Missouri as well....
Weiss Attorneys at Law Hits the Air on Fox Sports Midwest
On December 11, the Missouri Athletic Club hosted the ever-popular Jack Buck Sports Awards, recognizing this year’s shining stars in the world of local sports. In addition to the expected line-up of awards, this year’s program featured the inaugural Stan “the Man”...
“And” Meant “Or” in Physician Employment Contract
An Illinois court recently had to decide the meaning of a non-compete provision contained in a physician's employment contract with a hospital. This case reflects the adage of "the devil is in the details" when drafting such employment agreements. The doctor argued...
Lincoln’s Gettysburg Address — 150 Years Ago Today
Few speeches are as iconic as Abraham Lincoln's Gettysburg Address, his 227-word dedication of the national cemetery at the site of one of the bloodiest battles of the Civil War on November 19, 1863, at Gettysburg, Pennsylvania. Over 15,000 people turned out to attend...