Hepler Broom, LLC

Show Me the (Asbestos) Money!

October 16, 2018

In recent years, Missouri courts, and St. Louis City courts in particular, have been getting attention for their large toxic tort verdicts. The legislature is responding. While Missouri’s official nickname is the “Show Me State,” some legislators have been referring to it as the “Sue Me State” to promote new tort reform measures. One such […]

Missouri Court Stands Its Ground on Common Carrier’s Duty Owed in the Air

September 18, 2018

The Missouri Court of Appeals for the Eastern District recently handed down the case of Spencer v. American Airlines, Inc., et al., ED105809, limiting the duty owed by an airline to its passengers while in flight. The Honorable Robert M. Clayton authored the opinion affirming summary judgment to American Airlines, with the Honorable Gary M. […]

Responding to Personal Jurisdiction Discovery after Daimler

September 13, 2018

Are you at home in the jurisdiction where you are being sued? Did the cause of action arise from your contacts in that jurisdiction? If you are a corporate defendant in a lawsuit and neither applies to your company, you should probably at least raise an objection to Personal Jurisdiction in your initial response to […]

Don’t Do KRACK

August 23, 2018

  Pop Quiz Question 1 – Who is the manufacturer of your router? (If you don’t know, don’t feel bad. You’re not alone.) Question 2 – What is your router’s “name”? (This one may be easier. Maybe it is “No Wi-Fi No Cry.”) Question 3 – What is the admin login username to your router? (Is your answer, […]

Tastes Great! Less Filling! Passwords and Passphrases

August 7, 2018

When was the last time you had to create a new password and faced criteria such as, “Your password must be eight characters or longer and must contain characters from three of these four categories: a) uppercase (A-Z); b) lowercase (a-z); c) numeric (0-9); and d) nonalphabetic (e.g., !, $, #, %)? After you have […]

Oh Shiplap! “Fixer Upper” Stars Violate Lead-Based Paint Rules

August 3, 2018

In 2008, the U.S. Environmental Protection Agency (“USEPA”) adopted the Lead-Based Paint Renovation, Repair and Painting (“RRP”) Rule under its TSCA authority. See 40 CFR §745.80 et seq. Congress’ purpose for implementing this rule was to protect occupants in homes and buildings built before 1978 from lead-based paint hazards during renovation. The RRP Rule requires […]

Update on the Respirable Crystalline Silica General Industry and Maritime Standard

June 28, 2018

On March 25, 2016, the Occupational Safety and Health Administration (OSHA) published a final rule that increased the protections in place for employees exposed to silica in the workplace and imposed new obligations on employers. The final rule created two separate standards addressing occupational exposure to silica – one for general industry and maritime and […]

Welcome to the United States. Now Please Enter Your Passcode

June 21, 2018

Every day, at sites across the United States, federal agents search container ships, trucks, cars, and aircraft entering the country. Now, increasingly, federal agents are also searching the electronic devices of the individuals entering the country – from citizens to permanent residents to tourists. See United States v. Cotterman, 709 F.3d 952, 956 (9th Cir. […]

U.S. House Bill Requires CMS to Disclose Beneficiaries’ Enrollment Status in Private Medicare Parts C & D and Medicaid

June 13, 2018

Nationwide reimbursement litigation by private Medicare Advantage Plans (MAPs) providing health coverage to some Medicare enrollees has grown significantly over the past few years. Any number of entities are sued for failing to reimburse MAPs for injury-related treatment costs when a beneficiary is paid to resolve a claim. These include alleged tortfeasors, their insurers, tort […]

An Epic Win for Employers

May 24, 2018

The Federal Arbitration Act (FAA) means business. And in the U.S. Supreme Court’s recent decision in Epic Systems Corp. v. Lewis, No. 16-285 (May 21, 2018), the FAA means continued support for businesses. Interpreting the FAA, the Supreme Court held that employers and employees could agree to resolve disputes between them through one-on-one private arbitration […]