Are Clickwrap Agreements Enforceable in Missouri?
Are Clickwrap Agreements Enforceable in Missouri? By: Jennifer Brodersen and Heather Rooney McBride Electronic agreements are subject to “traditional principles of contract law and focus on whether the plaintiff had reasonable notice of a manifested assent to the online agreement.” Ramsey v. H&R Block, Inc., 2019 WL 2090691, at *3 (W.D. Mo. May […]
Missouri Supreme Court Rules on Contractual Clauses for Attorneys’ Fees
Missouri Supreme Court Rules on Contractual Clauses for Attorneys’ Fees By: HEATHER ROONEY MCBRIDE & ALDEN T. SMITH In 2021, the Missouri Supreme Court handed down a decision that weakened the enforceability of contractual attorneys’ fees clauses. The decision, Arrowhead Lake Estates Homeowners Assn., Inc. v. Aggarwal, 624 S.W.3d 165 (Mo. banc 2021), threw out […]
MARRIAGE ANNULMENT
MARRIAGE ANNULMENT By: Andy Scholz and Heather Rooney McBride Annulment of marriage is a process defined by Missouri statute as the “declaration of invalidity of marriage.” RSMo § 452.300. An annulment essentially says that a valid marriage never existed. Even though these marriages are deemed invalid, Missouri considers children born within these marriages to […]
Pitfalls in Maintenance Calculations and the Importance of Accurate Income and Expense Statements
Pitfalls in Maintenance Calculations and the Importance of Accurate Income and Expense Statements By: Andy Scholz, Heather Rooney McBride, and Lauren Marsh Errors in documents pertaining to maintenance payments may be costly. Maintenance, otherwise known as alimony, is a payment from one spouse to another following the dissolution of marriage. In Missouri, maintenance (alimony) may […]
Can an Employer Implement a Mandatory COVID-19 Vaccine Policy?
Can an Employer Implement a Mandatory COVID-19 Vaccine Policy? By: Jennifer Brodersen and Heather Rooney McBrice On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its COVID-19 technical assistance guidance outlining the agency’s views on the legal implications of a mandatory COVID-19 vaccination program under the Americans with Disabilities Act (ADA), Title […]
Legal Separation: The Road Less Taken
Legal Separation: The Road Less Taken By: Austin E. Williamson and Heather Rooney McBride Divorce is not for everyone, and there are situations in which the parties agree that a separation is needed, but a divorce is not the end goal. In certain situations, a legal separation may be the best choice. […]
THE PROCESS FOR CHILD RELOCATION IN MISSOURI
THE PROCESS FOR CHILD RELOCATION IN MISSOURI: What You Need to Know about How and Whether you can Move when your Child is Subject to a Shared Custody Order BY: Austin E. Williamson and Heather Rooney McBride International author, Peter Hoeg, once said that “traveling tends to magnify all human emotions;” and while Hoeg was […]
TIPS FOR COVID-19 PARENTING CONCERNS
TIPS FOR COVID-19 PARENTING CONCERNS By: Austin E. Williamson and Heather Rooney McBride Not in most of our lifetimes have we seen an event or national emergency that has caused the amount of fear and uncertainty as the COVID-19 (Coronavirus) pandemic. School closures, job loss, social distancing, and quarantine orders are prime examples of […]
The Effect of Divorce on Your Estate Plan
The Effect of Divorce on Your Estate Plan By: Austin E. Williamson and Heather Rooney McBride Going through a divorce can be, and typically is, one of the most frustrating and emotional times in a person’s life. It is unsurprising that between court appearances, preparing for trial, and/or drafting motions, parenting plans, marital settlement agreements, […]
MISSOURI RULE OF CIVIL PROCEDURE 57.01(a) AND THE LIMITATION ON INTERROGATORIES
MISSOURI RULE OF CIVIL PROCEDURE 57.01(a) AND THE LIMITATION ON INTERROGATORIES By: Heather Rooney McBride and Wayne Michael Jordan, III Question Was the proposed amendment to Rule 57.01(a) limiting the number of interrogatories that can be propounded on an opposing party formally adopted, and if so, how should it be interpreted? Legislative History […]