| The Appellate Court overturned the verdict for an out of state plaintiff for lack of personal jurisdiction against defendants. Key to the determination was whether the original judgment entered by the trial court was a final appealable judgment.
| A recent 7th Circuit case rules that obesity, without an underlying physiological cause, is not "regarded as" a disability under the ADA. However, jurisdictions nationwide appear to be split on the issue.
| Missouri has continued to hold that arbitration agreements are not unconscionable when they are shown to have valid mutual assent and are not self-serving.
| The Illinois Appellate Court for the First District affirmed an award of attorney's fees nearly twenty times the amount of damages awarded.
| The Supreme Court of Missouri recognizes that there are limits to the exercise of "long arm" jurisdiction, where an out-of-state defendant has conducted minimal business within the State.
| The United States Court of Appeals for the Fourth Circuit upholds judgment in favor of a vendor of asbestos products. Although the vendor was found to be negligent and this negligence was found to be an initial proximate cause of plaintiff's injuries, under North Carolina law the...
| The Missouri Court of Appeals remands a case for further consideration of an award of attorney's fees under the MMPA, R.S. Mo. § 407.193.
| The Missouri Supreme Court enforced a forum selection clause in an employment contract, holding that contract disputes between the parties could only be brought in Johnson County, Kansas.
| The Missouri Court of Appeals for the Southern District upholds denial of an employer's motion to compel arbitration ruling that at-will employment is insufficient consideration to support an arbitration agreement and denying employer's request to find that, in accordance with federal policy, at-will employment should be sufficient consideration for an arbitration agreement.
| The U.S. Court of Appeals for the Eight Circuit affirms a motion to dismiss, ruling that a plaintiff alleging a statutory violation must establish a "concrete injury."
| The U.S. District Court for the Eastern District of Louisiana rules that, after disembarking from an aircraft, where there is no evidence of airline control over a passenger walking to customs in a corridor of the terminal, the plaintiff passenger fails to establish the "disembarking" element for tort claims against airlines pursuant to the Montreal Convention, Article 17(1).
| Currently pending before Congress is a bill that could streamline or eliminate medical requirements for private and recreational pilots in limited situations.
| A Jackson County, Missouri jury finds that neither Sluggerrr, the mascot for the Kansas City Royals, nor a fan that alleged he was injured by virtue of Sluggerrr tossing a stray hot dog into the stands, was at fault for any injuries the fan may have incurred in the incident.
| The Supreme Court rules that an arbitration agreement in a sales agreement is not unconscionable where a vendor retains the right to proceed in Court on some claims it may have, while requiring the purchaser to bring all claims in arbitration, so long as the contract as a whole is supported by sufficient consideration and the purchases is not prevented from bringing defenses if claims are made in Court.
| The Missouri Supreme Court recently sustained the trial court'sdenial of an employer's motion to compel arbitration in the case of Carla Baker v. Bristol Care, Inc. d/b/a Bristol Manor, et al., No. SC93451.
| Individuals and businesses relying upon contractors to provide labor services may be exposing themselves to liability if these contractors fail to pay their employees in accordance with the Missouri Minimum Wage Law.
| Having amended its rules on the preservation of error on appeal in 2012, the Missouri Supreme Court was apparently concerned that practitioners "didn't get the memo". The newly amended MAI contains a "malpractice warning", highlighting these changes to the law.