Williams Venker & Sanders

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

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

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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St. Louis, Missouri 63102, United States

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Areas of Practice
  • Appellate Practice
  • Commercial Law & Contracts
  • Health
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Personal Injury
  • Products Liability
  • Toxic Torts
  • Transportation
  • Worker’s Compensation
See more
Other U.S. Locations
  • Illinois
Number of Attorneys

25-50 Attorneys

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