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Legal News
8/31/2010
Missouri High Court Adopts Progressive Loss Doctrine
The Missouri Supreme Court recently handed down a decision that could have a substantial impact on Missouri insurance law in a progressive loss property damage case.
8/30/2010
Missouri Stacks Statutory Liability Under Auto Policies
On January 12, 2010, the Missouri Supreme Court handed down a decision that addressed two significant aspects of the Missouri Motor Vehicle Financial Responsibility Law.
8/30/2010
Mandatory Relation Back: Krupski v. Costa Crociere, S.p.A.
In a recent decision, the United States Supreme Court interpreted Federal Rule of Civil Procedure 15(c) and found relation back is mandatory if the requirements of Rule 15(c) are met.
8/27/2010
Contributory Negligence Defense Not Abolished
The Western District of the Missouri Court of Appeals confirmed that the contributory negligence defense may apply in certain professional negligence cases.
8/26/2010
Illinois' Toxic Tort Liability: "Take-Home Exposure"
The Fifth District of the Appellate Court of Illinois dramatically expanded an employer’s potential liability to employees' family members in toxic tort cases and validated an emerging theory of liability: "Take-home exposure."
8/26/2010
Emotional Distress Covered by UM Policies
The Missouri Supreme Court has opened the doors to permit the recovery of damages under uninsured motorist (UM) policies for emotional distress in cases in which the insured has sustained no bodily injury.
8/24/2010
Bankruptcy Filings Sinks Subsequent Claims Presentation
Missouri courts recently affirmed the importance and usefulness of an insured’s prior bankruptcy as evidence that an insured has misrepresented the nature and extent of his or her personal property claim.
8/23/2010
Missouri Supreme Court Issues Opinions On Wrongful Discharge
On February 9, 2010, the Missouri Supreme Court issued three opinions that change the law governing wrongful discharge for violation of public policy.
5/24/2010
Missouri Adopts Strict Liability for Dog Bites
The new Missouri Senate Bill 184 became law and provides for one of the most sweeping changes in animal liability law in Missouri in the past 50 years.
5/7/2010
Don't Look Back: Something Might Be Gaining on You
A follow up on the presentations of plaintiff's lawyers' groups that are targeting the trucking industry.
3/3/2010
The New Frontier of Discovery
Technological innovations have revolutionized the business world. These changes have affected the way companies run, and the legal system is beginning to incorporate these changes.
1/1/2010
Non-Compete Agreement Trends in Missouri and Illinois
Employers often require that their employees sign an employment contract which includes a provision that the employee will not compete with the employer for some period of time after the employee leaves that position of employment.
1/1/2010
"Mixed-Motive" Jury Instructions Never Appropriate
United States Supreme Court Holds that "Mixed-Motive" Jury Instructions are Never Appropriate in an Age Discrimination Case Brought Under the Age Discrimination in Employment Act
1/1/2010
Retaliation for Filing a Workers' Compensation Claim
Wrongful Termination Suits Alleging Retaliation for Filing a Workers' Compensation Claim: the Law in Illinois and Missouri
11/22/2009
Illinois Supreme Court Expands Strict Liability Rule
Illinois's highest court recently broadened the strict liability rule to include harassment committed by any supervisory or management employee.
3/9/2009
Insurer Owes No Duty to Settle Within Policy Limits
The Seventh Circuit Court of Appeals recently ruled that an insurer owed no duty to settle in good faith on behalf of an uninsured policyholder.
3/20/2008
Illinois Court Expands Recoverable Damages
The Fifth District of the Appellate Court of Illinois, in the case of Bauer v. Memorial Hospital, decided on November 27, 2007, has greatly expanded recoverable damages under Illinois law.
6/24/2005
Insurance Bad Faith and Section 537.065
Under Section 537.065, one claiming damages for personal injury or death and a tortfeasor can, in advance of a judgment against the tortfeasor, limit satisfaction of the claim to specified assets.
1/4/2005
Scouting Program is Not a Product
Theory of Scouting Program as a product under product liability laws fails.