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Employment: Non-Compete-Enforceability
Defendant appealed from the trial court’s judgment enforcing a non-compete covenant against defendant. On appeal, defendant argued that the non-compete was overbroad, that his acceptance of a subsequent job superseded his agreement containing the non-compete covenant, and that the non-compete was a prohibited restraint on trade under state law. Where the non-compete entered in force […]
Probate: Breach of Trust-No-Contest Clause-Enforceability
Where appellant, who was the sole beneficiary of a trust, brought an action against the trustee for breach of trust and removal after he stopped receiving monthly distributions, the trial court did not err in granting the trustee’s motion for summary judgment on the trustee’s counterclaim because the plain language of the trust’s no-contest clause […]
Bankruptcy: Judicial Lien-Enforceability
Where appellant argued that the bankruptcy court erred in granting a debtor’s motion to avoid its judicial lien, the cloud on title created by the appellant’s recording of its judgment fastened an existing but presently unenforceable line on the property, so the bankruptcy court properly granted the debtor’s motion to avoid the lien. Judgment is […]
Real Property: Quiet-Title Action-Validity of Mortgage-Enforceability
At the time of her marriage, plaintiff owned three properties. The couple decided to purchase a new home but required plaintiff to use all three properties as collateral. Following her divorce, plaintiff sought to unwind these transactions, claiming her husband forged her signatures. The district court ruled that the signatures were authentic and found the […]
Contracts: Non-Compete Agreement-Enforceability-Mootness
Where a former employee challenged a district court’s summary-judgment order and the injunctive relief granted in a dispute over the parties’ non-compete agreement, the injunction expired while the appeal was pending, and nothing remained to be resolved between the parties, so the appeal is dismissed as moot. Appeal is dismissed. FIMCO, Inc. v. Funk (MLW […]
Promissory Notes: Enforceability
Where plaintiffs sought a declaration that promissory notes were unenforceable, and the defendant counterclaimed seeking recovery on the notes, the district court’s grant of judgment on the pleadings to the plaintiffs is affirmed based on the appellate court’s review of the parties’ briefs, the record and applicable legal principles. Judgment is affirmed. Hartke v. Waldner […]
Civil Practice: Promissory Notes-Enforceability
Where plaintiffs sought a declaration that promissory notes were unenforceable, and the defendant counterclaimed seeking recovery on the notes, the district court’s grant of judgment on the pleadings to the plaintiffs is affirmed based on the appellate court’s review of the parties’ briefs, the record and applicable legal principles. Judgment is affirmed. Hartke v. WIPT, […]
Arbitration : Validity Of Agreement – Enforceability
Ramirez-Leon v. GGNSC, LLC (MLW No. 71502/Case No. WD80990 – 14 pages) (Missouri Court of Appeals, Western District, 14 pages) (Missouri Court of Appeals, Western District, Witt, J.)
Bankruptcy : Judicial Lien – Enforceability – Real Property
CRP Holdings v. O’Sullivan (MLW No. 71062/Case No. 17-6012 – 9 pages) (U.S. Bankruptcy Appellate Panel, Schermer, J.)
Contracts : Non-Compete Provision – Enforceability – Independent Contractor
Ag Spectrum Company v. Elder (MLW No. 70856/Case No. 16-3113 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Contracts : Promissory Notes – Enforceability – Affirmative Defense
Bank of Houston v. Action Land & Cattle Company (MLW No. 70729/Case No. SD34694 – 7 pages) (Missouri Court of Appeals, Southern District, Sheffield, J.)
Domestic Relations : Pension Benefits – Separation Agreement – Enforceability
Rischer v. Helzer (MLW No. 68268/Case No. WD78149 – 10 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
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