April 2012

River Oaks Home Association v. Lounce

The Missouri Court of Appeals, Western District reversed the trial court’s ruling that Zeria Lounce was individually liable for home association assessments where she had transferred her home’s title to her revocable living trust. Although Lounce didn’t inform the association of the transfer of her property to the trust, the home association and declaration of restrictions and covenants documents did not require her to notify the home association of the transfer.

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Here are some recent pieces from the web that I found interesting. Perhaps you will too.

How to read an online privacy policy. Does anyone really read privacy policies or website terms? Of course not. Who has the time? Well, that’s a bit of an overstatement, but as I noted in The E-Contracting Paradox: No One Reads Online Terms But Everyone Agrees to Them, very few people read online terms. But these terms often constitute binding contractual commitments, so it’s a good idea to know what you’re agreeing to. The Privacy Rights Clearinghouse provides helpful hints in the Reading a Privacy Policy section of its Social Networking Privacy fact sheet as to what to look for when you read an online privacy policy.

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St. Francis Medical Center v. Reeves

St. Francis Medical Center sued Edward and Jennifer Reeves to collect unpaid medical bills incurred in the birth of the Reeves’s son alleging breach of express contract and action on account. The trial court entered a judgment in favor of the Reeves and St. Francis appealed. The Missouri Court of Appeals Southern District reversed, ruling that the the trial court erred in failing to admit the Reeves’s medical bills into evidence.

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C-H Building Associates, LLC v. Duffey

C-H Building Associates entered into a contract to purchase real estate from Joe and Mary Jane Duffey. At the time of the sale Liberty Homes, a third of which was owned by Joe Duffey, was renting the property. The sale contract contained the following clause relating to the lease:

[The Duffeys] agree[ ] to sell to [C-H] and [C-H] agrees to purchase from [the Duffeys] the real estate described in Exhibit A . . . together with any buildings and improvements thereon, and all personal property used in the operation of the buildings and improvements . . . and including the following: LEASE WITH LIBERTY HOMES TO BE 3 YEARS AT $3,000.00 PER MONTH TRIPLE NET ON THE NORTH APPROXIMATELY 2500 SQ FT OF BUILDING AT 100 CLAYVIEW DRIVE.

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If you are still applying to law school, you might be an idiot. The title of this Above the Law article made me laugh out loud. Law schools have been taking a beating in the press lately as people are questioning the value of a law degree in today’s business world. The Above the Law piece discusses a recent Atlantic article about the recent drop in the number of law school applicants with high entrance exam scores and the much lower drop in applicants with low scores. Hat tip to Bradley Clark who tweets under the handle @BradleyBClark and blogs at the Texas Law Blog.

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