Evidence of Prior Similar Incidents is Admissible to Show Notice

October 6, 2011

In Missouri, defendants almost always seek to preclude evidence of prior incidents involving the defendant on the basis that such evidence is irrelevant and prejudicial because the prior incidents did not occur under “substantially the same circumstances” to the incident involving the plaintiff.  Is the defendant right?  When is evidence of prior similar incidents admissible? [...]

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Avoiding Estate and Trust Litigation

October 5, 2011

At the core of most law suits is one common element: money.  While truth and justice might be part of the litigant’s goal, the moral outcome of the case is often less important to the parties than the money.  How often do we see cases where an injustice has been served and rather than fully [...]

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Did the Other Company Breach an Express Warranty in an Illinois Contract?

October 5, 2011

It is well-established in Illinois that a movant is entitled to summary judgment if no genuine issue of material fact exists and the moving party establishes a right to judgment as a matter of law. 735 ILCS 5/2-1005(c) (2004); State Farm Mutual Automobile Insurance Co. v. Coe, 855 N.E.2d 173, 176 (Ill. App. 1 Dist. [...]

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Going Green – Missouri Courts Electronic Filing System

September 30, 2011

It has been one month since the Missouri Supreme Court began its pilot for electronic filing.  St. Charles County courts also volunteered to take part in the e-filing test run. The click of a mouse now eliminates the process of hand delivering the documents to the courthouse, the clerk file-stamping the document, and then physically [...]

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