Blog Posts
08.16.21 | Remember May 13, 2021? The day the CDC gloriously lifted the mask mandate for fully vaccinated individuals? Well, in the words of Heather O'Rourke in Poltergeist II…"They're baaaaccck." But this time, its masks – not evil spirits.
08.03.21 | Employee or independent contractor? Despite imperfections, the economic reality test remains the standard to determine whether a worker is classified as an "employee" entitled to Fair Labor Standards Act benefits and protections.
07.06.21 | Thinking about DQ'ing a potential hire due to a prior conviction? Think again. Illinois employers better listen up, and look to the newly enacted employment law (known as Senate Bill 1480). Key changes in the law deal with protections to employees and potential hires with criminal convictions, as well as new requirements for employers on providing information to State agencies regarding demographics and payroll data.
06.15.21 | At-will...the ability to do something as one pleases. While most employment relationships are at-will, may an employer modify, at-will, Missouri Approved Jury Instructions in a case involving a violation of the Missouri Human Rights Act? As the Western District Court of Appeals explains, you better have a lawful reason…
06.10.21 | The Western District of Missouri's recent ruling in Zwillo provides yet another basis for insurers to deny coverage due to alleged losses incurred purportedly from the COVID-19 pandemic — certain pollution and containment exclusions.
05.20.21 | The Eighth Circuit Court of Appeals reinstated a case dismissed on forum non conveniens grounds, where the defendants scuttled their own inconvenience arguments by waiting 18 months to file their motion.
05.05.21 | Kansas and Missouri federal courts certify FLSA class actions, challenging the tip sharing arrangements of casinos in Kansas, Missouri, and other locations.
04.27.21 | Bread. Cherry. Bogart. Bippy. Fink. IDK what any of these words mean, but apparently, they are slang words popularized in the 1960s by Boomers. Find out about Boomer discrimination and how Boomers aren't too different from Millennials (their generational arch nemesis) in this far out post. I promise it won't be a drag.
04.19.21 | In February, we examined current and potential COVID-related lawsuits facing businesses in Illinois. Now, we are beginning to see court rulings in the pending lawsuits. In this post, we discuss recent rulings issued in lawsuits arising from direct exposure to COVID-19 and ones alleging "secondary exposure" to COVID-19. These rulings are important because they provide guidance on how courts may rule on related issues in future COVID-related lawsuits and the legal theories plaintiffs may allege to avoid dismissal in such lawsuits.
04.06.21 | Property owners have no general duty to remove snow or ice that accumulates naturally and is a general condition of the community.
03.04.21 | OMG. Some Millennials are now protected under the ADEA and state age discrimination laws. Learn what this all means for Millennials and employers in the workplace. Unless, of course, you want to be basic.
02.16.21 | Nearly one year into the COVID-19 pandemic, Illinois businesses are already facing lawsuits and workers' compensation claims arising from COVID-19 exposures and diagnoses. In this blog post, we examine the types of claims that have been filed and that may be filed in the future against Illinois businesses related to COVID-19. This includes the potential for claims based on negligence, workers' compensation, employment law, and COVID-19 vaccines.
02.08.21 | Little about 2020 was normal, and the number of trials in the Kansas City area was no exception. Data released by the Greater Kansas City Jury Verdict Service shows that the total number of jury trials in the Kansas City area was down over 65% in 2020 when compared to 2019.
10.26.20 | With recent statutory changes, Missouri is taking meaningful steps to reform the state's punitive damages standards and consumer protection statute—two aspects of Missouri law that have made it one of the most plaintiff-friendly venues in the country.
08.26.20 | COVID-19 has dramatically impacted our country's legal system, affecting nearly every court in the nation. The pandemic has stalled trials and hearings, delayed progression of cases, and required judges, court personnel, attorneys, and litigants to adapt to remote-based court operations. Despite the pandemic, in August, there has been a surge in rulings related to the Illinois Biometric Information Privacy Act.
07.27.20 | The Supreme Courts of Missouri and Illinois have addressed Bristol-Myers Squibb v. Superior Court of California to further define the instances in which specific personal jurisdiction can be constitutionally exercised over out-of-state defendants.
07.27.20 | The Supreme Courts of Missouri and Illinois have addressed Bristol-Myers Squibb v. Superior Court of California to further define the instances in which specific personal jurisdiction can be constitutionally exercised over out-of-state defendants.
07.09.20 | Missouri Court of Appeals compels arbitration, where the parties agreed to submit threshold issues of arbitrability to a third-party neutral rather than the court.
05.19.20 | On March 11, 2020, the U.S. Court of Appeals for the Eighth Circuit affirmed an Eastern District of Missouri judgment, finding that the Plaintiff failed to establish that a product was inherently defective or dangerous, where he had failed to provide evidence of when a product entered the stream of commerce.
05.13.20 | In an update to a prior post, Senate Bill 591 (which seeks to impose stricter standards for the application of punitive damages) cleared The Missouri House on May 12, 2020 in a 98-51 vote. The Bill, now on its way to Governor Parson for his signature, will likely go into effect on August 28, 2020. Governor Parson is expected to sign the measure without veto.
04.30.20 | An additional $310 billion in funding for the Paycheck Protection Program was approved by the United States Legislature, and applications resumed this Monday. But many small businesses still have questions about how to use the money, how to qualify for forgiveness, and whether the PPP Loan Program is right for them.
03.11.20 | Missouri Supreme Court held the Missouri Human Rights Act is not a remedy for out-of-state employees aggrieved by discriminatory practices of Missouri-headquartered companies.
03.02.20 | The data is out on Kansas City area jury verdicts for calendar year 2019, and it contains mostly good news for defendants. While the total number of jury verdicts was up slightly from 2018, the percentage of those verdicts in plaintiffs' favor was down, with nearly 60% of claims that went to a jury ending in a defense verdict. 2019 also saw a drop of almost 30% in the number of verdicts over $1 million. Although the data shows a rise in the average verdict amount, that increase is entirely attributable to a single mega verdict of more than $100 million; controlling for that outlier, the size of the average award was also down significantly.
09.13.19 | Though seemingly obvious, the Eighth Circuit affirmed arbitration agreements are not immune to contract law basics when it denied an employer's motion to compel arbitration for lack of acceptance.
07.16.19 | SECOND UPDATE: Missouri Governor Mike Parson signs Senate Bill 7, which amends venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
05.20.19 | UPDATE: House Passes Senate Bill 7, in which the Missouri legislature seeks to amend venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
05.13.19 | The Supreme Court has issued another ruling limiting class-action claims, in favor of individual arbitration, this time finding that contractual ambiguity is no substitute for a clear expression of consent to class-wide arbitration.
03.18.19 | In Senate Bill 7, the Missouri legislature seeks to amend venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
01.23.19 | Applying Missouri Law, the Eighth Circuit confirms that when a company guarantees customer satisfaction, only to leave the customer unsatisfied, it risks not only its business reputation, but also its legal right to collect payment.
01.08.19 | The Eighth Circuit affirms summary judgment in an employer's favor in a disability discrimination case, where the employee's excessive absenteeism was attributed to a disability and other family medical issues.
12.26.18 | Defense attorneys beware. The 2018-2019 American Tort Reform Foundation's (ATRF) Judicial Hellholes Report is out, and the City of St. Louis landed fourth on this list because of its massive verdicts, forum shopping, and legislative failures.
10.22.18 | In a potentially problematic decision for manufacturers and sellers of consumer packaged goods, a federal judge allowed a lawsuit against Atkins snack bars to proceed under the Missouri Merchandising Practices Act ("MMPA").
09.27.18 | On August 28, 2018, with the passing of Senate Bill 627, Missouri criminalized the use of the word "meat" on labels of food products that do not come from an animal and became the first state to do so. The bill states that "[n]o person advertising, offering the sale or selling all or part of
08.31.18 | Governor Parson has signed Senate Bill 608, which enacts three new sections relating to civil liability due to criminal conduct. The Bill affords Missouri business owners greater protection against liability for criminal conduct that occurs on their property.
06.18.18 | The Missouri Legislature introduced bills during its most recent legislative session to curtail forum shopping of class action plaintiffs in Missouri. This anti-forum shopping legislation, while not ultimately enacted into law, would have limited out-of-state plaintiffs from joining lawsuits involving local claims against out-of-state defendants.
12.18.17 | Despite an uptick in advocacy, support, and inclusion of the LGTBQ community over the past several decades, as of today, discrimination based on sexual orientation remains an invalid claim under the Missouri Human Rights Act (“MHRA”). However, in a recent decision by the Western District of the Missouri Court of Appeals...
12.14.17 | 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.
10.31.17 | Candy manufacturers nationwide are increasingly finding themselves in Missouri state court, facing class action allegations that their use of over-sized packaging misleads consumers into believing the package contains more product than is actually present.
08.30.17 | In two consecutive nearly identical opinions, a Missouri federal court ruling on food merchandisers' motions to dismiss indicates that food labeling protections in Missouri strongly favor consumers, including in slack fill cases.
05.30.17 | The United States Supreme Court ruled on May 22, 2017, that the Hague Convention, on the service of judicial documents abroad, permits service by mail if the receiving country has not objected to service by mail and service by mail is authorized under otherwise-applicable law.
04.27.17 | The Florida Supreme Court recently ruled that the attorney-client privilege protects a party from being required to disclose that her attorney referred her to treating doctors.
03.31.17 | Earlier this week, Governor Eric Greitens signed Missouri HB 153 into law. HB 153, which supplants Missouri's existing expert witness standard with that set forth in Federal Rules of Evidence 702, 703, 704 and 705, effectively submits expert testimony in most civil and criminal case to the analysis set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
03.27.17 | Within a two-week period, two federal judges issued strongly worded orders denouncing the common practice of asserting boilerplate objections to written discovery.
03.22.17 | The Missouri Court of Appeals rules that a worker may owe an independent duty of care to a co-worker, which is separate and distinct from her employer's non-delegable duties.
11.16.16 | In a recent decision, a unanimous three-judge panel of the Missouri Court of Appeals sided with consumers asserting deceptive labeling practice claims against merchants under the Missouri Merchandising Practices Act (MMPA).
11.08.16 | The Missouri Court of Appeals, Eastern District, reversed a trial court's order dismissing an action on the grounds that an ingredient list label was a complete legal defense to a claim for deceptive merchandising practices because the consumer could not reasonably be deceived or misled by the packaging. The court held that the presence of an ingredient list label on a product is not an absolute defense, though it may be used as evidence in support of a defense at trial.
11.02.16 | A Missouri plaintiff did not irrevocably waive the protections of the work product doctrine simply by designating an expert witness and then withdrawing the designation without disclosing the expert’s analysis or conclusions.
06.08.16 | On May 23, 2016, the U.S. Supreme Court decided the case of Green v. Brennan in order to resolve a split among the Circuits on whether, in an action for constructive discharge, the 45-day limitation period for the employee to initiate contact with the EEOC begins to run after the employer's last discriminatory act, or at the time of the employee's resignation.
02.10.16 | In its current state, the MMPA has allowed consumers to collect substantial verdicts in cases that have strayed from the original intent of lawmakers. SB793 hopes to restore a balance that requires not only that businesses act fairly, but also that consumers act reasonably.
01.04.16 | While a Kansas court may grant relief from a final judgment based on excusable neglect, it is an abuse of discretion to grant that relief when the party seeking that relief has failed either to explain what facts constituted excusable neglect or to provide any evidence to support that claim.
04.09.15 | It has long been thegeneral rule in Missouri that for a party to contractually release itself from or limit liability for its own future negligence, the language in the contract must be clear, unequivocal, conspicuous and must explicitly include the word "negligence" or "fault." However, when the contract is negotiated at arm's length between "sophisticated commercial entities", a party can release itself from or limit liability with less precise language.
04.01.15 | The Eighth Circuit recently analyzed the application of the “outside sales” and “administrative” exemptions under the Fair Labor Standards Act in the context of promotional workers. Also, the Court was asked to decide, for the first time, what constitutes a valid waiver of an employee’s rights under the FLSA.
01.06.15 | A defendant removing a case to federal court under the Class Action Fairness Act need not provide evidence proving the jurisdictional amount in controversy in the notice of removal. A "short and plain statement of the grounds for removal" is sufficient.
09.19.14 | 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.
08.04.14 | A company may sue for unfair competition under the Lanham Act, challenging a competitor’s food and beverage labels. Such claims are not precluded by the FDCA
07.11.14 | K.S.A. 60-19a02 has been amended, increasing Kansas's long-standing cap on non-economic damages (pain and suffering) recoverable in personal injury. K.S.A. 60-456(b) has also been amended to mirror the requirements for the admissibility of expert testimony set forth in Fed. R. Evid. 702.
06.23.14 | Experts are not required to rule out all possible causes when performing the differential etiology analysis if the experts have properly ruled in the alleged cause.
04.29.14 | A Kansas plaintiff may amend their pleadings to assert punitive damages up until the day of the pretrial conference.
04.22.14 | A man who sued his former employer, alleging he was discharged in retaliation for filing a workers' compensation claim, appealed on the basis that the trial court used a jury instruction with the wrong standard. In a 5-2 decision written by Judge George W. Draper III, the Missouri Supreme Court rejected the 'exclusive causation' standard and replaced it with the "contributing factor" standard. On remand and in future cases, the jury must determine whether the plaintiff's filing of a workers' compensation claim was a "contributing factor" to his or her discharge.
04.21.14 | Based on its adoption of a statutory scheme of comparative negligence, Kansas has abolished common law assumption of the risk as a bar to recovery. Simmons v. Porter, 298 Kan. 299, 312 P3d 345, 355 (Kan. 2013).
03.20.14 | The plaintiff has the burden of proving standing, which is a jurisdictional issue that can be raised at any time.
02.25.14 | In Kansas, the parties bind themselves to an enforceable settlement, even though the parties contemplate subsequent execution of a formal instrument. However, when the parties specifically condition a contract on it being reduced to writing and signed, there is no enforceable contract until such act is accomplished.
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