Four Overlapping Causation Opinions OK, Says Mo. Supreme Court
In April, we called attention to a case transferred to the Supreme Court of Missouri after the Court of Appeals reversed a defense verdict in a medical malpractice action because the
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Appellate Counsel Dodges Ineffective Counsel Tag for Choice of Points on Appeal
Posted: February 19, 2018
A defendant who admitted kicking, beating, and strangling a man to death lost his bid for a new trial based on the supposed ineffective assistance of appellate counsel in Meiners v. State, No. SC96278 (Jan. 23
Argument Held On First Amendment Challenge to Missouri's Informed Consent Law
Argument Held On First Amendment Challenge to Missouri’s Informed Consent Law
We noted back in October that the Supreme Court of Missouri accepted transfer to hear a novel First Amendment challenge to Missouri’s abortion informed consent law. The case has
It might feel good, but hyperbole hurts appellate (or any) brief writing
It might feel good, but hyperbole hurts appellate (or any) brief writing
Posted January 25, 2018
Using cringe-worthy adjectives like “specious” or “ridiculous” to describe an opponent’s position is almost always a bad idea. Often accompanied by incomplete, circular, or
Forum Selection Clause Enforced For Tort Claims
Forum Selection Clause Enforced For Tort Claims
Posted: January 19, 2018
The Supreme Court of Missouri enforced a contract’s forum selection clause as to tort claims between the parties in Reed v. The Reilly Company LLC, No. SC96499 (Dec. 5
Catching Up On Sup Ct of Mo Late-2017 Opinions
Mo. Supreme Court Gives Tenants Right to Jury Trial
Mo. Supreme Court Gives Tenants Right to Jury Trial
Posted: January 19, 2018
Missouri landlords can evict defaulting tenants through a streamlined, judge-tried process in associate circuit court. Before 2014, a party aggrieved by the associate circuit court’s ruling could
Prevailing Factor Clarified For Workers' Heart Attack Cases
Prevailing Factor Clarified For Workers’ Heart Attack Cases
Posted January 19, 2018
For a quarter century, Ulysses White worked as a machinist at ConAgra in Marshall, Missouri. It was over 100 degrees at work the day he died. Colleagues found
General Jurisdiction Over Bayer Denied in Missouri
General Jurisdiction Over Bayer Denied in Missouri
Posted: January 18, 2018
As we’ve written here before, courts have been grappling with the difficult personal jurisdiction questions presented by large mass tort cases for some time now. The Supreme Court of