The U.S. Supreme Court, in a unanimous opinion, has held in favor of Monsanto on a patent infringement suit arising from the St. Louis-based company's Roundup Ready soybean seeds. Monsanto invented and patented a genetic…more
In a matter of first impression, the Missouri Court of Appeals for the Eastern District has held the exclusionary rule barring evidence of subsequent remedial measures does not apply when the remedial measure was implemented by…more
In a recent opinion, the Seventh Circuit noted parties served with summary judgment motions often misconceive what is required of them to effectively oppose the motion, and "such misunderstandings can have harsh consequences for…more
In a recent opinion, the Missouri Court of Appeals for the Western District held a workers' compensation claimant had sufficiently proven her husband sustained an occupational disease arising out of and in the course of his…more
The Court of Appeals for the Western District of Missouri has answered in the affirmative a question left open by the Missouri Supreme Court almost two decades ago: whether a claim for punitive damages can in fact serve as an…more
The Missouri Supreme Court has held that putative class action plaintiffs claiming injury due to allegedly fradulent overbilling for medical care cannot recover because they were unable to show they actually suffered any damages…more
This decision, Sniezek v. Kansas City Chiefs Football Club, underlines the importance of observing the contractual nature of an agreement to arbitrate. It is also another case which warns of the dangers of an employer: a)…more
In a case of first impression, the Missouri Court of Appeals for the Eastern District has addressed the very narrow issue of what effect the permissive joinder rule has on venue where a plaintiff suffers injuries from separate,…more
In this case, a corporate successor, Central Trust Investment Company (hereafter also "Central Trust") sued the former employee (Kennedy) of its acquired company, Springfield Trust & Investment Company (hereafter also "STC"),…more
For more than 35 years Missouri defendants have been filing third-party claims for contribution against other potentially liable persons or entities not sued directly by the plaintiff. But for 33 of those years defendants have…more
While enjoying a hot dog at a baseball game may be as all-American as the game itself, getting hit by one is not typically part of the plan, at least not according to the Missouri Court of Appeals for the Western District. In a…more
On any given week, most of us are asked to sign at least one or two releases of liability for various sporting and recreational events. The Missouri Court of Appeals for the Eastern District recently held those releases may be…more
In a recent decision, the Illinois Supreme Court reaffirmed the relevant private and public interest factors to be considered by an Illinois circuit court in deciding a Motion to Dismiss on the basis of the forum non conveniens…more
On November 30, 2012, the United States Court of Appeals for the Seventh Circuit reversed an order of the United States District Court for the Southern District of Illinois remanding an asbestos suit to Illinois state court. …more
Overruling its decision in Adams By and Through Adams v. Children’s Mercy Hosp., 832 S.W.2d 898 (Mo. banc 1992), the Missouri Supreme Court in a 4 to 3 decision held that section 538.210 RSMo 2000 is unconstitutional to the…more
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