Hepler Broom, LLC

Category Archives: Missouri Law

Missouri Legislature Attempts to Pass Asbestos Claims Transparency Law

April 23, 2020

In 2020, the Missouri General Assembly continued its efforts toward tort reform related to asbestos trust claim transparency related to civil litigation. As explained below, S.B. 575 sought to make clear from the beginning of a lawsuit the scope and extent of asbestos trust fund (“Trust”) claims available to a plaintiff and to allow evidence […]

Missouri Supreme Court Holds that an Employee’s Mere “Request for Accommodation” of a Disability Does Not Support a Retaliation Claim Under the MHRA

March 26, 2020

On August 28, 2017, several new, employer-friendly provisions of the Missouri Human Rights Act (MHRA) took effect. Since then, the Missouri Supreme Court has issued a string of employment law opinions favorable to employers. Most recently, the Supreme Court struck a victory for employers defending retaliation claims asserted under the MHRA based upon requests for […]

Missouri Legislature Turns Eyes to Punitive Damages

January 30, 2020

Fresh off major wins in the 2019 session, Missouri tort reform advocates are shifting their focus to a new target: punitive damages. Following a string of large punitive damages awards from St. Louis City courts, legislators in both chambers introduced bills to sharply curb such claims. Senate Bill 591, introduced by Senator Bill White (R-Joplin), […]

Flaunting Insurance Coverage: Missouri Court Reaffirms, Explains Rule Against Referencing a Party’s Liability Insurance (And the Rare Exception)

January 23, 2020

When representing an insured, trial attorneys must be attentive and recognize the circumstances under which opposing counsel may or may not present evidence that their client carries liability insurance. More importantly, attorneys must understand the actions that must be taken to preserve the record and protect the client. The Eastern District Court of Appeals recently […]

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 […]

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 […]

COVID-19 Updates

HeplerBroom LLC COVID-19 Response

HeplerBroom has been diligently working on its response and continuity plan to the COVID-19 pandemic in order to keep the health and safety of our employees, their families, and our clients as our top priority.

To help ensure everyone’s continued health and well-being, effective Tuesday, March 17, 2020, all attorneys and staff will be working remotely until March 31. This is an unprecedented and dynamic situation, and HeplerBroom is committed to observing governmental suggestions and requirements concerning public health while continuing to provide legal service second to none.

To ensure this, the firm has identified essential personnel in each office who will make certain that critical firm functions that cannot be done remotely continue to be handled. We have put in place protocol for those essential personnel to make sure they are keeping healthy per the CDC cleaning and sanitizing recommendations. All teams have back-up personnel and procedures that we will follow to make sure all deadlines are met and clients receive the same great service and work product that we have always been proud to provide.

HeplerBroom’s IT department has been working hard to make sure all remote employees are set up with equipment and access from home to limit disruption to our clients. Maintaining security and confidentiality has remained, and will continue to remain, at the forefront of all processes and procedures, at all levels throughout the firm.

The firm has created emergency communication measures to communicate any changes to this plan to employees and are communicating on a regular basis with any and all new resources and helpful information during this uncertain time.

During these fluid and unpredictable times, HeplerBroom will continue its commitment to great service and results for our clients, all while keeping safe and healthy.

Wishing you and your families good health.