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Category Archives: Missouri Law

Putting Your Legal Malpractice Carrier on Notice of a Potential Claim: Must a Missouri Lawyer “Foresee” Changes in the Law?

November 19, 2019

In determining whether a lawyer must report a potential malpractice claim on a professional liability “errors and omissions” renewal or application form, must the insured attorney foresee how Missouri appellate courts would interpret a legal issue never before addressed? Based on a recent Missouri Court of Appeals opinion, the answer seems to be perhaps yes. […]

Weeding Through the Landscape of Missouri’s New Medical Marijuana Regulations

September 5, 2019

Missouri’s inaugural medical marijuana facility application period ended recently (on August 19, 2019). Now that the smoke begins to clear from the application process, hopeful applicants can focus their energy on fostering relationships so that their businesses can launch as soon as possible. With even the earliest anticipated harvest being at least several weeks after […]

Missouri Introduces New Venue Statutes for Lawsuits Against Insurance Companies

September 3, 2019

On May 1, 2019, Senate Bill 7 was passed as part of the Missouri legislature’s overarching goal to refine Missouri’s broad venue rules, which previously had allowed plaintiffs to pursue their claims in Missouri venues with no connection to their injuries or events which led to their injuries. Particular provisions of the new venue rules […]

Missouri Gov. Parson Enacts Tort Reform Significant to Litigation and Trial Practice

August 8, 2019

On July 10, 2019, Missouri Governor Michael Parson signed significant pieces of legislation that confirmed his emphasis on tort reform in Missouri. The Governor previously highlighted tort reform in his State of the State address in January 2019. In that address, Parson referenced the need for increased regulatory and venue reform in the Show-Me State. […]

Be Our Licensee: The Distinction between Licensees and Invitees Still Matters in Missouri

August 6, 2019

Be our guest, be our guestWatch your step, may we suggestFrom known dangers, we’ll protectBut we have no duty to inspect! If Beauty and the Beast took place in modern-day Missouri instead of 18th century France, those probably would have been the words to “Be Our Guest.” That’s because property owners in Missouri do not […]

Navigating the Rules for Nursing Home Involuntary Discharges/Transfers in Missouri: Steps to Follow Before the Resident Appeals

April 20, 2019

Under certain circumstances, Missouri nursing homes may discharge or transfer a resident even when the resident does not agree to the discharge/transfer (an “involuntary discharge/transfer”). If the resident appeals the discharge/transfer, Missouri law requires that an attorney represent the nursing home during the hearing/appeal process if the nursing home is operated by a corporate entity. […]

Missouri Courts’ Application of the Pollution Exclusion: A Contrast of Two Very Different Approaches to Insurance Policy Interpretation

November 14, 2017

In its October 31, 2017, opinion in Doe Run Resources Corp. v. American Guarantee & Liability Ins., the Missouri Supreme Court considered whether a general liability policy’s pollution exclusion barred coverage for alleged bodily harm caused by exposure to toxic emissions emanating from Doe Run’s lead production facilities in La Oroya, Peru. The exclusion removed […]

Changes to Law Governing the Value of Plaintiffs’ Medical Bills and the Collateral Source Rule

October 9, 2017

Since 2005, Missouri attorneys have struggled with the interpretation and application of Missouri’s collateral source rule as it related to evidence of a plaintiff’s medical treatment bills. Generally speaking, the collateral source rule bars a defendant from introducing evidence that part of a plaintiff’s damages were paid for by a party other than the defendant; […]

Change to Law Governing the Admissibility of Expert Witness Testimony

September 7, 2017

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 […]

New Missouri Statutes May Substantially Impact How Insurance Carriers Approach Liability Claims

July 6, 2017

Over the past few years, insurance companies have learned that handling liability claims in Missouri with coverage issues or policy-limit settlement demands can be an incredibly complex, and in some cases, dangerous endeavor. Much of that complexity stems from Missouri Revised Statute § 537.065, a statute which has been used as a powerful sword against […]