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Enforceability

Feb 4, 2020

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 On appeal, defendant argued that the non-compete was overbroad, that his acceptance of a subsequent job superseded his agreement containing the non-compete covenant, and that the non-compete was a prohibited restraint on trade under state law.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 […]

May 23, 2019

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 […]

Feb 12, 2019

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 […]

Feb 4, 2019

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 […]

Jan 31, 2019

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 […]

Jan 29, 2019

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 […]

Jan 28, 2019

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, […]

Mar 30, 2018

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.)

Sep 27, 2017

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.)

Aug 9, 2017

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.)

Jun 30, 2017

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.)

Sep 2, 2015

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.)

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