by e-LawLines | Feb 3, 2012 | Corporate Law, Litigation
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 company. The holding seems to be in line with the recent trend of other...
by e-LawLines | Jan 27, 2012 | Litigation
January derives its name from Janus, a two-faced god from ancient Rome, who looks to both the future and the past. Having long retired from his days as the ruler of Latium, Janus today demonstrates some important lessons about the ins and outs of current-day...
by e-LawLines | Jan 13, 2012 | Litigation
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, the one-time Prime Minister of Great Britain in the 1780s. His words are...
by e-LawLines | Dec 1, 2011 | Litigation, Real Estate Law
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 interests. That right, however, is not absolute. Nuisance is the...
by e-LawLines | Nov 4, 2011 | Litigation, Real Estate Law
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 plaintiff brought suit against the defendant for violations of the MMPA,...
by e-LawLines | Oct 26, 2011 | Litigation
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 belongs. Milligan v. Chesterfield Vill. GP, LLC, 239 S.W.3d 613, 622...
