Posts from October 2018.
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Practitioners usually face cases where they reasonably expect the health of a party to remain the same throughout the pendency of a lawsuit. An important, and sometimes overlooked, aspect of a litigation strategy is the long-term health of a party, or a key witness, which is a significant factor when considering both discovery and trial strategies.

The first strategic aspect to consider is the type of claim filed and how it may change moving forward, as it may affect the applicable statute of limitations or the damages available. A cause of action that begins as a claim for medical ...

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The Biometric Information Privacy Act (BIPA) establishes safeguards and procedures relating to the retention, collection, disclosure, and destruction of biometric data. Passed in October 2008, BIPA is intended to protect a person’s unique biological traits – the data encompassed in a person’s fingerprint, voice print, retinal scan, or facial geometry. This information is the most sensitive data belonging to an individual. Unlike a PIN code or a social security number, once biometric data is compromised, “the individual has no recourse, is at [a] heightened risk for ...

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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 reform measure is Missouri’s Asbestos Bankruptcy Transparency Act, introduced in the 2018 session as House Bill 1645. Similar bills were introduced in 2017 and 2016 but did not become law.

Missouri is not the first state to seek ...

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Kerri Forsythe
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