• Posts by Kathleen S. Hamilton

    Kathleen S. Hamilton focuses her practice on general trial litigation, appellate practice, and insurance defense, including:

    • Premises Liability
    • Professional Liability
    • Construction Law
    • Complex Tort Litigation
    • Catastrophic ...

Reviews Missouri appellate court ruling that the Prompt Pay Act calls for the interest on late payments to be calculated using simple not compound interest


Examines Missouri Supreme Court ruling on co-employee immunity under 2012 Workers’ Compensation Act amendment. Includes discussion of dissenting opinion


The Missouri Supreme Court recently affirmed a trial court’s order denying an insurance company’s motion to intervene and set aside a judgment that was entered following the plaintiffs’ contract with a defendant to limit recovery of the judgment against the insurance company pursuant to Missouri Statute Section 537.065. Desai, M.D., et al. v. Seneca Specialty Insurance Company, SC97361.

Plaintiffs Dr. Neil Desai and Heta Desai filed a lawsuit for personal injuries against defendant Garcia Empire, LLC. Garcia Empire had a commercial general liability policy issued by ...


As of August 28, 2017, the Daubert standard will now govern the admissibility of expert witness testimony in certain cases in Missouri.[1] This is the result of House Bill 153, one of the first bills signed by Governor Eric Greitens, which effectively changes the language in Missouri Revised Statute Section 490.065 moving the standard for admissibility of expert testimony from a broad to more stringent standard requiring the Court to assess the basis of a proposed expert’s testimony before allowing the expert to testify at trial.

The new language in the statute makes it clear that in ...

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