The United States Arbitration Act, which is more commonly referred to as the Federal Arbitration Act, turned 93 years old in February of this year. Despite the act’s long track record of enforcing agreements between employers and their employees, it continues to be under attack. The most recent attack came in a group of cases recently decided by the United
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An alarming trend in mass tort litigation is coming to light as tenuous cases known as “slack- fill” lawsuits are beginning to clog up time and resources in our judicial system. Think of the bag of potato chips in your house or a box of candy you purchase at the movies. The “slack-fill” is the empty space or air that
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On Sept. 12 the Missouri Supreme Court, in a decision written by Judge Brent Powell, ruled against Abbott Laboratories and upheld nearly $40 million in damages to a Minnesota plaintiff in a case tried in the City of St. Louis. Very brief background: The case, involving Minnesota plaintiff Maddison Schmidt, alleged product liability injuries from the drug Depakote, manufactured and
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Trial lawyers who make their money suing businesses often decide to file lawsuits in states with a political or judicial atmosphere hostile to business, a practice called “forum shopping.” Forum-shopping trial lawyers often file lawsuits in states that have nothing to do with the parties or the situation underlying the lawsuit. This practice raises an important constitutional issue: personal jurisdiction.
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In one day in late June, three blows dealt a serious setback to Missouri’s progress toward reforming our state’s legal climate. First, Gov. Jay Nixon vetoed two bills that constituted the core of the General Assembly’s efforts to help Missouri emerge from its rankings among the least friendly legal climates for business. Senate Bill 591, sponsored by Sen. Mike Parson, a
Read moreThere are places in this world where one wants, and expects, adherence to the highest standards. From hospitals to restaurant kitchens, from banks to our children’s schools – we have the highest expectations of these institutions. Let us add to that list, the courtroom. In the place where justice is supposed to be served, we set the bar high. Unfortunately,
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Ever since the Affordable Care Act was signed into law five years ago, the federal legislation has brought annual changes that require businesses to adjust their practices. The slow rollout continues in 2016 with several new provisions that Missouri businesses need to consider. While the 2016 changes are easy to summarize, the complexities of the law mean it is impossible
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The Missouri Chamber Legal Foundation has entered a case that threatens to undermine the ability of consumers and businesses to resolve disputes outside of court. The suit involves arbitration agreements, a beneficial system for settling legal claims without costly litigation. The arbitration process has advantages for both consumers and businesses in that it allows issues to be settled quickly and
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If your company has never taken the Research & Experimentation (R&E) income tax credit, now is a great time to consider it. If you do take the credit, make sure you are in compliance with recent changes to maximize the available credits. The R&E income tax credit applies to taxpayers that develop and/or improve products, processes, formulae, techniques, software, or
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When injured on the job, employees in Missouri are entitled to compensation as they recover. But years after injury claims are settled, should a worker receive additional rounds of temporary disability benefits even after reaching maximum medical improvement? It is a critical—and potentially costly— question before the Missouri Supreme Court as they begin to consider the facts of Greer v.
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