Williams Venker & Sanders

100 North Broadway 21st Floor
St. Louis, Missouri 63102, United States

  • (314) 345-5000

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

Missouri Appellate Court Holds Timing Requirements for Requests for Admissions are Not Mere Suggestions

Requests for admissions propounded pursuant to Missouri Rule of Civil Procedure 59.01 are likely to get any litigant’s attention, if only due to the potential consequences for failing to timely respond. The rule says such…more
| Civil Procedure

Supreme Court Of Missouri Holds CGL Policy Covers Statutory Damages Claim For Violations of Telephone Consumer Protection Act (TCPA)–Columbia Casualty Company v. Hiar Holding, LLC, 411 S.W.3d 258 (Mo.banc 2013)

In Columbia Casualty, the Supreme Court of Missouri held that statutory damages for violations of the TCPA were firmly within the “property damage” and “advertising injury” coverage provided by a CGL policy. The Court rejected…more
| Insurance

Missouri Supreme Court Holds Federal Act Does Not Preempt Missouri Law Barring Subrogation Of Personal Injury Claims

In essence overruling a previous opinion from the courts of appeal, the Missouri Supreme Court has held that the Federal Employee Health Benefits Act (“FEHBA”) does not preempt Missouri law prohibiting the subrogation of…more
| Conflict of Laws, Constitutional Law, Personal Injury, Health, Insurance

New Illinois Statute Addresses Settlement Timing and Procedure

A new Illinois Code of Civil Procedure section, effective January 1, 2014, prescribes settlement timing and procedure for certain civil cases. …more
| Civil Procedure, Health

Federal Subpoena Rule Gets Some Substantive Amendments

Effective December 1, 2013, Federal Rule of Civil Procedure 45 saw its first substantive changes in more than two decades…more
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Eighth Circuit Predicts Negligent Misrepresentation Claim Barred by Missouri's Economic Loss Doctrine

In this appeal originating in the United States District Court for the Eastern District of Missouri, the 8th Circuit Court of Appeals held that, if called upon to do so, the Missouri Supreme Court would likely hold that a…more
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Excess Insurer v. Primary Insurer: Court of Appeals Recognizes Right of Excess Insurer to Recover from Primary Insurer for Bad Faith Failure to Settle Within Policy Limits

In an appeal settled last month, Scottsdale raised several issues, including that the trial court erred in entering summary judgment because Missouri law should permit an excess insurer to pursue a primary insurer for bad faith…more
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Excess Insurer v. Primary Insurer: Court of Appeals Recognizes Right of Excess Insurer to Recover from Primary Insurer for Bad Faith Failure to Settle Within Policy Limits

In an appeal settled last month, Scottsdale raised several issues, including that the trial court erred in entering summary judgment because Missouri law should permit an excess insurer to pursue a primary insurer for bad faith…more
| Civil Procedure, Insurance

Legislative Changes Coming to Missouri’s Workers’ Compensation Law on January 1, 2014

Beginning on January 1, some major changes are coming to Missouri’s Workers’ Compensation Law. The changes are a result of what began as a legislative effort to address issues in the coverage of occupational diseases created by…more
| Labor & Employment Law, Worker’s Compensation

FOURTH DISTRICT APPELLATE COURT REAFFIRMS THAT ILLINOIS’ “FREQUENCY, REGULARITY AND PROXIMITY” TEST IS MORE THAN LIP SERVICE

A recent ruling regarding a damages claim against manufacturers Owens-Illinois, Inc. and John Crane, Inc. proved that the "Frequency, Regularity, and Proximity" test is still alive and well. The test is popular for its…more
| Products Liability

Court of Appeals Holds No Recognized Cause of Action Exists Under Missouri Law Against Gun Shop Owners for Sale of a Non-Defective Lawful Product

In an opinion issued July 16, 2013, the Western District of the Missouri Court of Appeals declined to extend what would have amounted to dram shop-type liability to a gun shop that sold ammuition and magazines to a purchaser who…more
| Business Torts, Commercial Law & Contracts, Consumer Protection, Criminal Law, Personal Injury

Missouri Supreme Court Decision Where Majority and Dissent Sharply Disagree Over the Nature of Lower Court's Ruling Underscores Importance of Clear Trial Court Rulings for Purposes of Appeal

A recent opinion from the Missouri Supreme Court is notable not so much for its conclusion, but for the stark contrast in how the majority and dissenting opinions viewed and interpreted a lower court ruling. The opinion serves…more
| Business Torts, Civil Procedure
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Areas of Practice
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  • Commercial Law & Contracts
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Personal Injury
  • Products Liability
  • Toxic Torts
  • Transportation
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Other U.S. Locations
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Number of Attorneys

25-50 Attorneys

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