Hepler Broom, LLC

Monthly Archives: February 2018

Standing in Data-Breach Cases – Risk of Future Injury Remains Unsettled: SCOTUS Skirts Apparent Circuit Conflict

February 20, 2018

Today the U.S. Supreme Court denied a cert petition in a matter aimed at resolving whether a plaintiff who alleges a substantial risk of harm in the future has standing under Article III of the Constitution. A ruling in the case, CareFirst v. Attias, would have had major implications for data-breach litigation and in class […]

Illinois District Court Applies Bristol-Myers to Class Actions as well as Mass Tort Cases

February 20, 2018

In a recent decision, the Northern District of Illinois held the U.S. Supreme Court’s seminal decision in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017) applied to jurisdiction determinations in class actions. In so holding, the court in DeBernardis v. NBTY, Inc. No. 1:17-cv-06125 (N.D. Ill. Jan. 18, 2018) placed […]

What’s in a Name? Missouri’s Constitutional Prohibition Against Negligence-Based Claims Arising out of Alleged Sexual Misconduct of Clergy: Who Exactly Qualifies as Clergy?

February 13, 2018

In the seminal case outlining the contours of permissible civil liability against religious organizations, the Missouri Supreme Court in Gibson v. Brewer made clear that civil courts must not be in the business of analyzing or interpreting religious doctrine and administration. Any such “excessive entanglement” between church and state has the effect of inhibiting religion, […]

Read Your Insurance Policy Carefully: Insured Bound to Terms of Policy Despite Alleged Representations by Insurer’s Agent

February 6, 2018

As we have learned in recent days, we all need to be careful with the things we say, for sometimes those things we say can be used against us. But the life lessons do not end there. We also need to read things carefully, for the things we fail to read can be used against […]

Missouri Appellate Court Finds Ambiguity in Anti-Stacking Provision, Allows Stacking of Limits of Liability in Four Separate Auto Liability Policies

February 1, 2018

The Missouri Court of Appeals, Southern District, issued an opinion on Jan. 31, 2018, in Shelter Mutual Insurance Company v. Lester that allowed stacking of full auto liability coverage policy limits on four separate policies. The underlying matter involved bodily injury claims brought by multiple claimants. Each of the auto insurer’s liability policies had applicable […]