by e-LawLines | Oct 12, 2012 | Litigation
Defendants routinely file counterclaims in response to the claims asserted against them. Oftentimes, defendants include their counterclaim(s) with their initial answer. Under these circumstances, if a plaintiff thereafter files an amended pleading, the defendant...
by e-LawLines | Sep 27, 2012 | Litigation
As George Harrison crooned this 1964 hit on the “Please Please Me” album by the Beatles, his target audience likely featured hordes of screaming admirers in Liverpool. But what if he had asked this question of an attorney while on U.S. soil? Could his...
by e-LawLines | Sep 12, 2012 | Litigation, Real Estate Law
The general rule in Missouri for damages to real property is the “diminution in value” test, which is calculated by determining the difference between the fair market value before and after the event causing the damage. With respect to fraudulent misrepresentation...
by e-LawLines | Sep 7, 2012 | Commercial Law, Litigation
Under Section 513.308 of the Missouri Revised Statutes, a party can obtain an order directing a judgment debtor to be examined under oath regarding the existence and location of any assets, liabilities or sources of income that could be used to satisfy the judgment....
by e-LawLines | May 30, 2012 | Litigation
From the early episodes of the “Perry Mason” television series to the courtrooms at the Thomas Eagleton Federal Courthouse in downtown St. Louis, this familiar oath is required before a witness can testify at trial. The use of these 10 words in 2012...
by e-LawLines | May 22, 2012 | Litigation
The Employee Retirement Income Security Act, or ERISA, is a complex and comprehensive federal law concerning all aspects of employment benefit plans. Congress included Section 510 to prohibit two types of conduct: (1) adverse action because a participant availed...
