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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 defending doctor had been allowed to call too many expert witnesses for his side. The Supreme Court has now issued its opinion in Shallow v. Follwell, SC96901 (Mo. 2018), which vacates the Court of…
The More the Merrier? For experts, the Mo Supreme Court will soon say. Posted: April 12, 2018 In October 2017, the Court of Appeals for the Eastern District took the unusual step of reversing a jury verdict for the defending doctor in a medical negligence case because the trial court had let in too many experts to testify on his behalf. Shallow v. Follwell, D.O, ED 103811 (Mo. Ct. App. Oct. 17, 2017) ==== The…
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, 2018) . In the underlying trial, the defendant was convicted of second-degree murder, but the trial court had refused to submit instructions on the lesser-included offenses of voluntary and involuntary manslaughter. Defendant took a direct…
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 now been (January 23, 2018) argued and the audio is available at the Court’s website here: https://www.courts.mo.gov/page.jsp?id=119842 For those interested in the art of oral argument, take note of how Appellant’s counsel tries to weave…
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 conclusory reasoning, these tiresome words are telltale signs of a weak argument. For readers—particularly appellate judges—they are a quick turn off. And the worst of it is, these little flicks of emotion typically come at…
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, 2017)****. Reed sued his Kansas-based former employer in Jackson County, Missouri alleging violations of the Missouri Merchandising Practices Act and other tort claims. The employer moved to dismiss the suit, claiming that the parties’…
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 him collapsed on the floor just before lunchtime. An autopsy found his cause of death to be “cardiac arrhythmia resulting from severe coronary artery disease.” In White v. Conagra Packaged Foods, LLC, No. SC96041 (Dec.
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 request a full trial de novo (with a jury if they choose) in the circuit court before moving on to appellate courts. In this way the law provided efficiency and protected the parties’ constitutional right…
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 Missouri’s opinion in Bayer Corporation v. Moriarty, SC96189 (December 19, 2017) continues this development. ==== Bayer was sued in Missouri state court by ninety-two plaintiffs claiming they were injured by one of its birth…