Williams Venker & Sanders

Illinois Appellate Court Determines Medical Expense “Write-offs” Do Not Qualify for Set-off

Harold Miller v. Sarah Bush Lincoln Health Center, et al., 2016 IL App (4th) 150728. Adding to the ever-changing debate regarding how medical expenses “written off” by health care providers are treated by Illinois courts,…more
| Civil Procedure, Civil Remedies, Professional Malpractice

Supreme Court of Missouri Holds No Right to an Immediate Appeal from an Interlocutory Order Overruling a Motion to Intervene as a Matter of Right

State ex rel. Koster v. ConocoPhillips Company, 2016 WL 3554339 (Mo.banc June 28, 2016), abrogating Eckhoff v. Eckhoff, 242 S.W.3d 466 (Mo.App. W.D. 2008), Coon ex rel. Coon v. American Compressed Steel, 133 S.W.3d 75 (Mo.App…more
| Civil Procedure, Civil Remedies, Energy & Utilities

Supreme Court of Missouri Holds Patient’s Family Could Not Sue Physician for Wrongful Death, but Patient’s Personal Representative Could Have Brought Action for Medical Negligence

The Supreme Court of Missouri, en banc, vacated a trial court’s grant of summary judgment in favor of a physician and remanded the case, because the allegations in the petition stated a cause of action for medical negligence…more
| Civil Procedure, Civil Remedies, Professional Malpractice

Avoiding Procrastination and Increasing Productivity in the Digital Age

For most lawyers, the day starts and ends either at your desk or on your phone. As a result, the amount of information we encounter on a daily basis can drain focus and in turn, decrease our efficiency. I want to share with…more
| Law Practice Products & Services

Should You Appeal?

The trial is over. Things did not go as had been hoped, and an adverse judgment has been entered. An appeal is a given, right? Not necessarily. Although in most civil cases, there is an automatic right to an appeal from an…more
| Civil Procedure

Supreme Court of Missouri Reverses Trial Court Order Setting Aside Default Judgment Against Insurance Company

Bate v. Greenwich Insurance Company 464 S.W.3d 515 (Mo.banc June 16, 2015) The Supreme Court of Missouri, en banc, reversed a trial court order setting aside a default judgment against an insurer, based on improper…more
| Civil Procedure, Civil Remedies, Insurance

Supreme Court of Missouri Upholds Health Care Affidavit Statute for Medical Malpractice Claims

Lang v. Goldsworthy, 2015 WL 5936587 (Mo.banc. October 13, 2015) The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a wrongful death action premised on medical malpractice because the…more
| Civil Procedure, Constitutional Law, Personal Injury, Professional Malpractice

Missouri Court of Appeals – Western District Upholds Missouri Statute Requiring Plaintiff to Submit a Health Care Affidavit of Merit in Support of a Medical Malpractice Action

Austin v. Schiro, Slip Opinion, WD78085 (Mo.App. W.D. May 26, 2015) - The Missouri Court of Appeals, Western District, affirmed a trial court decision dismissing a plaintiff’s medical negligence action, without prejudice,…more
| Civil Procedure, Personal Injury, Professional Malpractice

Supreme Court of Missouri Upholds 10-Year Statute of Repose for Foreign-Object Medical Malpractice Claims

Ambers-Phillips v. SSM DePaul Health Center, 2015 WL 1926012 (Mo.banc. April 28, 2015) - The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a plaintiff’s foreign-object medical malpractice…more
| Civil Procedure, Constitutional Law, Personal Injury, Professional Malpractice

Excess Insurer v. Primary Insurer: Supreme Court of Missouri Recognizes Right of Excess Insurer to Recover from Primary Insurer for Bad Faith Failure to Settle Within Policy Limits

Scottsdale Ins. Co. v. Addison Ins. Co., et al. 2014 WL 6958157 (Mo. banc. December 9, 2014) - In a matter of first impression, the Supreme Court of Missouri, en banc, affirmed a decision by the Missouri Court of Appeals,…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Missouri’s General Rule Of One Corporation Not Being Liable For Another’s Conduct Is Reaffirmed

In Blanks v. Fluor Corp., ____ S.W.3d ____ (Mo. App. E.D. 2014) WL 4589815, September 16, 2014), the Missouri Court of Appeals reversed a jury verdict against Fluor Corporation, because it was improperly based on the conduct of…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Personal Injury

Missouri Court Imposes Bad Faith Liability Despite Judicial Finding Of No Coverage For Underlying Claim

In Advantage Building, the Western District of Missouri Court of Appeals affirmed a judgment against an insurer for extra-contractual liability for bad faith failure to settle a claim within the policy limits. Interestingly, the…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Insurance

Missouri Supreme Court Holds Statute Capping Punitive Damages Violates Right To Trial By Jury

On September 9, 2014, in a unanimous opinion authored by the Honorable Patricia Breckenridge, the Missouri Supreme Court struck down as unconstitutional a Missouri statute which imposed a cap on the amount of punitive damages…more
| Civil Procedure, Civil Remedies, Constitutional Law, Business Torts

Missouri Supreme Court Abandons Exclusive Causation Requirement for Worker’s Compensation Retaliatory Discharge Claims

In Templemire v. W&M Welding, Inc., -- S.W.3d -- , (Mo. 2014), No. SC93132, 2014 WL 1464574, the Missouri Supreme Court threw out its long-held interpretation of section 287.780, RSMo requiring a plaintiff in a worker’s…more
| Civil Procedure, Civil Rights, Construction Law, Labor & Employment Law, Worker’s Compensation

Missouri Appellate Court Holds That Parents Can Be Liable For Injuries Their Child Inflicts On Others at School

In a case of first impression, the Missouri Eastern District Court of Appeals held that a plaintiff injured while assisting a special education student stated a cause of action for negligent parental supervision against the…more
| Personal Injury
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