Legal News

Legal News

4/8/2011 Illinois Reverses Rail Carrier Asbestos Ruling
Illinois recently reversed a Madison County ruling denying a motion to dismiss an asbestos case for forum non conveniens. The decision constitutes a significant defense victory for parties involved in the Madison County asbestos litigation.

4/6/2011 Limitation on UM/UIM Insurance Coverage Stacking in Illinois
Illinois courts have found that stacking can be appropriate when an insurance policy is ambiguous concerning the uninsured/underinsured coverage that it provides.

4/4/2011 Carmack: Liability Implications for Interstate Carriers
The 1906 Carmack Amendment was enacted to govern bills of lading in the rail industry. It has been altered and recodified over the last century and in its current form, provides a uniform system of liability for interstate rail and motor carriers.

4/1/2011 McHaffie Still the Trucking Company’s Best Friend?
The status on McHaffie v. Bunch, 891 S.W.2d 822 (Mo. banc 1995), and its use as a shield against claims for negligent hiring, negligent retention, and negligent supervision in the trucking industry.

3/30/2011 Increasing Role of Transportation Indemnity Agreements
An examination of how to determine the allocation of insurance proceeds amongst concurrent insurers in the transportation industry.

3/28/2011 An Examination of the "Rules of the Road"
This article summarizes the “Rules of the Road” technique and deconstructs the plaintiff’s strategy for proving liability in trucking cases.

8/31/2010 Missouri High Court Adopts Progressive Loss Doctrine
The Missouri Supreme Court recently handed down a decision that could have a substantial impact on Missouri insurance law in a progressive loss property damage case.

8/30/2010 Missouri Stacks Statutory Liability Under Auto Policies
On January 12, 2010, the Missouri Supreme Court handed down a decision that addressed two significant aspects of the Missouri Motor Vehicle Financial Responsibility Law.

8/30/2010 Mandatory Relation Back: Krupski v. Costa Crociere, S.p.A.
In a recent decision, the United States Supreme Court interpreted Federal Rule of Civil Procedure 15(c) and found relation back is mandatory if the requirements of Rule 15(c) are met.

8/27/2010 Contributory Negligence Defense Not Abolished
The Western District of the Missouri Court of Appeals confirmed that the contributory negligence defense may apply in certain professional negligence cases.

8/26/2010 Illinois' Toxic Tort Liability: "Take-Home Exposure"
The Fifth District of the Appellate Court of Illinois dramatically expanded an employer’s potential liability to employees' family members in toxic tort cases and validated an emerging theory of liability: "Take-home exposure."

8/26/2010 Emotional Distress Covered by UM Policies
The Missouri Supreme Court has opened the doors to permit the recovery of damages under uninsured motorist (UM) policies for emotional distress in cases in which the insured has sustained no bodily injury.

8/24/2010 Bankruptcy Filings Sinks Subsequent Claims Presentation
Missouri courts recently affirmed the importance and usefulness of an insured’s prior bankruptcy as evidence that an insured has misrepresented the nature and extent of his or her personal property claim.

8/23/2010 Missouri Supreme Court Issues Opinions On Wrongful Discharge
On February 9, 2010, the Missouri Supreme Court issued three opinions that change the law governing wrongful discharge for violation of public policy.

5/24/2010 Missouri Adopts Strict Liability for Dog Bites
The new Missouri Senate Bill 184 became law and provides for one of the most sweeping changes in animal liability law in Missouri in the past 50 years.

5/7/2010 Don't Look Back: Something Might Be Gaining on You
A follow up on the presentations of plaintiff's lawyers' groups that are targeting the trucking industry.

4/26/2010 The Interpretation of Contractor “Occurrence” Policies
Most general contractors have Commercial General Liability insurance coverage. In almost every instance, a general contractor’s CGL policy requires that damage be caused by an “occurrence” before coverage is afforded under the policy.

3/3/2010 The New Frontier of Discovery
Technological innovations have revolutionized the business world. These changes have affected the way companies run, and the legal system is beginning to incorporate these changes.

1/1/2010 Non-Compete Agreement Trends in Missouri and Illinois
Employers often require that their employees sign an employment contract which includes a provision that the employee will not compete with the employer for some period of time after the employee leaves that position of employment.

1/1/2010 "Mixed-Motive" Jury Instructions Never Appropriate
United States Supreme Court Holds that "Mixed-Motive" Jury Instructions are Never Appropriate in an Age Discrimination Case Brought Under the Age Discrimination in Employment Act

1/1/2010 Retaliation for Filing a Workers' Compensation Claim
Wrongful Termination Suits Alleging Retaliation for Filing a Workers' Compensation Claim: the Law in Illinois and Missouri

11/22/2009 Illinois Supreme Court Expands Strict Liability Rule
Illinois's highest court recently broadened the strict liability rule to include harassment committed by any supervisory or management employee.

3/9/2009 Insurer Owes No Duty to Settle Within Policy Limits
The Seventh Circuit Court of Appeals recently ruled that an insurer owed no duty to settle in good faith on behalf of an uninsured policyholder.

3/20/2008 Illinois Court Expands Recoverable Damages
The Fifth District of the Appellate Court of Illinois, in the case of Bauer v. Memorial Hospital, decided on November 27, 2007, has greatly expanded recoverable damages under Illinois law.

6/24/2005 Insurance Bad Faith and Section 537.065
Under Section 537.065, one claiming damages for personal injury or death and a tortfeasor can, in advance of a judgment against the tortfeasor, limit satisfaction of the claim to specified assets.