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
“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
The 1906 Carmack Amendment was originally enacted to govern bills of lading in the rail transportation industry.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
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
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
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
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
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
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
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
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