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The commercial litigation scene in St. Louis is shaped by several key trends at the national and local levels. These developments are influencing how businesses approach disputes and manage their legal strategies. Key trends to anticipate in the coming year include...
The Court of Appeals will correct errors and does not alter the law. Here, the trial court voided a foreclosure sale because it concluded that the price "shocked the conscience." But "[i]nadequacy of consideration alone will not justify setting aside a foreclosure...
Missouri Constitution's Hancock Amendment bars political subdivisions from levying a tax without voter approval, but a sewer district's bill based on an owner's voluntary connection to the system is a fee, not a tax. Further, Missouri statutes generally extinguish...
The Illinois legislature recently enacted House Bill 4270 which creates a statutory form for special warranty deeds to standardize what is certainly the most common form of deed used in commercial real estate practice. House Bill 4270
An easement over land has no effect on the servient estate holder except for the easement's purpose, which prevails over any right of the servient estate holder, and which the servient estate cannon inhibit. Further, a deed which reserves an easement, without...
Reformation of a deed may occur upon the parties' mutual mistake, meaning that "both have done what neither intended." The quantum of proof is clear, cogent, and convincing evidence. Here, the trial court found that parents intended to convey a life estate in land...
When an action for negligence is filed against an insured, and the insurer has control over the claim, a fiduciary duty to the insured is created. In this case, the possibility of a verdict in excess of the policy limits caused the insurer to suspect that the insured...
Here, the trial court granted summary judgment against a foreclosing bank on the finding that it did not have standing because of the timing of an assignment of the mortgage to the bank and when the foreclosure action was filed. Thereafter, when the borrowers...
In an action to quiet title based on adverse possession, the evidence that supported findings of actual, open and notorious, or exclusive possession included that the adverse possessor had cleared and maintained the disputed tract, fenced it in with hot wire, and...
When challenging a finding for lack of substantial evidence, the appellant must address all evidence favoring the ruling, and show that such evidence is not substantial. The elements of adverse possession include actual and hostile possession, for which respondent's...