Brown & James, P.C.

1010 Market Street 20th Floor
St. Louis, MO 63101, United States

Contact: Michael Taylor

Illinois' Fifth District Reverses Rail Carrier Asbestos Ruling

The Fifth District of the Appellate Court of Illinois recently reversed a Madison County trial court ruling denying a motion to dismiss an asbestos case for forum non conveniens. The Fifth District’s decision constitutes a…more
| Civil Procedure, Environmental Law, Toxic Torts, Transportation

Limitation on UM/UIM Insurance Coverage Stacking in Illinois

“Stacking” is a practice that permits a party injured in a car accident, after recovering any available insurance policy proceeds from the party responsible for the accident (which failed to fully compensate him for his…more
| Insurance

The Carmack Amendment: Implications for Liability for Claims Against Interstate Carriers

The 1906 Carmack Amendment was originally enacted to govern bills of lading in the rail transportation industry. The Amendment has been altered and recodified over the last century. In its current form, the Amendment provides…more
| Business Torts, Insurance, Transportation

The Increasing Role of Indemnity Agreements in Allocating Insurance Proceeds and its Effect on the Transportation Industry

Determining the number of carriers that may owe coverage for an accident, and how that coverage is to be allocated amongst those carriers, can often be a difficult and complicated task. This is because there may be truckers or…more
| Insurance, Transportation

The “Rules of the Road” Approach -- An Examination of a Plaintiff’s Strategy for Proving Liability in Trucking Cases

Staying abreast of plaintiff lawyers’ strategies has become almost as important as knowing the FMCSA regulations. Several “trial guide” books have been published over the last few years, including "Rules of the Road - A…more
| Transportation

Mandatory Relation Back: Krupski v. Costa Crociere, S.p.A.

Federal Rule of Civil Procedure 15(c) permits an amended complaint to relate back to a previously filed complaint if the proper party knew or should have known within the time of service that but for a mistake in identity, the…more
| Civil Procedure

Contributory Negligence Defense Not Abolished in Professional Negligence Cases

The Western District of the Missouri Court of Appeals confirmed that the contributory negligence defense may apply in certain professional negligence cases. Under that defense, a plaintiff cannot prevail on a negligence claim if…more
| Business Organizations, Professional Malpractice

Missouri Bankruptcy Filings Sinks Subsequent Claim 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. Both the Missouri Court…more
| Bankruptcy, Insurance

Missouri Supreme Court Issues Opinions on Wrongful Discharge Claims

On February 9, 2010, the Missouri Supreme Court issued three opinions that change the law governing wrongful discharge for violation of public policy. This cause of action is an exception to Missouri’s employment-at-will…more
| Insurance, Labor & Employment Law

The Firm Inquiry

The Firm Inquiry is a quarterly publication of Brown & James and offers legal updates, impacts of decisions and news from Missouri, Illinois, Kansas and Arkansas…more
| Insurance, Labor & Employment Law, Personal Injury, Professional Malpractice, Worker’s Compensation
Areas of Practice
  • Appellate Practice
  • Business Torts
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Government
  • Insurance
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Professional Malpractice
  • Toxic Torts
  • Transportation
  • Worker’s Compensation
See more
Locations
Other U.S. Locations
  • Arkansas
  • Illinois
Number of Attorneys

100+ Attorneys

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