Articles
Homeowner Associations and Restrictive Covenants
With 100 degree temperatures hitting many parts of the Midwest, residents across the nation are visiting their local subdivision or condominium pool to stay cool. While subdivision and condominium pools are great to have, they typically are managed by a group of...
The Best in Business: Weiss & Associates Honored with “Best Law Firm” Award
Weiss Attorneys at Law has been named one of the "Best Law Firms" by the St. Louis Small Business Monthly (SBM). The award is part of SBM's "Best in Business" category. St. Louis Small Business Monthly awards local entrepreneurs and businesses inside nine different...
General Knowledge of the Existence of an Arbitration Agreement is Insufficient to Constitute Unequivocal Acceptance
Arbitration is a matter of contract, and an arbitration agreement is only enforceable so long as the agreement exhibits the essential elements of a valid contract. Kunzie v. Jack-In-The-Box, Inc., 330 S.W.3d 476, 480-81 (Mo. App. E.D. 2010). Missouri courts are...
Missouri Improves as a Place to do Business
CNBC just posted a ranking of states for doing business in 2011. Missouri inched up one spot to the No. 16 spot for 2011. The primary factor in the ranking was the cost of doing business, where we ranked 3rd in the nation. Other single digit rankings included cost...
Missouri Court of Appeals Holds that Supreme Court Rule 81.07 does not Apply to Special Statutory Proceedings
On March 22, 2011, the Missouri Court of Appeals decided Williams v. Labarge Products, Inc., et al., holding that the filing of a late notice of appeal is not allowed in special statutory proceedings such as unemployment claims. In Williams, the Claimant, Leslie...
Missouri Supreme Court Ruling Clarifies Property Tax Sales Requirements
Benjamin Franklin once said, "There is nothing certain except death and taxes." As the economy has declined, so has the ability of individuals to pay their real estate taxes. If an individual fails to pay their Missouri real property taxes for three consecutive years,...
Terminating the Lease or Giving Concessions to the Commercial Tenant
As tough economic times continue, landlords have begun to feel the pain of many of their tenants. The landlord’s struggle to replace tenants is much more difficult in today’s market, and causes many landlords to get creative with tenant retention. When the landlord...
When is a receipt not a receipt?
It turns out, not all receipts are created (or printed) equally. The Ninth Circuit Federal Court of Appeals recently joined the Seventh Circuit in holding that e-mailed receipts are not “electronically printed receipts” under the Fair and Accurate Credit Transactions...
Missouri Supreme Court Ruling Clarifies Tax Sales Requirements
Benjamin Franklin once said, “there is nothing certain except death and taxes.” As the economy has declined, so has the ability of individuals to pay their real estate taxes. If an individual fails to pay their taxes for three consecutive years, their property is...
Employers Cannot Average Hours to Avoid the FLSA’s Overtime Requirements
Section 207(a)(1) of the Fair Labor Standards Act (“FLSA”) provides that “no employer shall employ any of his employees…for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a...
SEC Adopts Rules to Establish Whistleblower Program Under Section 922 of the Dodd-Frank Act
On May 25, 2011, the Securities and Exchange Commission (“SEC”) adopted rules to establish a new whistleblower program, implemented under Section 922 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Act” or “Dodd-Frank Act”). The Dodd-Frank Act was...
Missouri Governor Vetoes Proposed Bill on Discrimination
Missouri Governor Jay Nixon has vetoed Senate Bill 188, stating that to thrive in a global economy, Missouri must be a state that continues to move forward – not backward - when it comes to civil rights and equal opportunity. "Senate Bill 188 would undermine key...