Missouri Supreme Court

Missouri Supreme Court clarifies the limits of co-worker negligence liability for workplace injuries occurring between 2005 and 2012.

March 12, 2018

On March 6, 2018, the Missouri Supreme Court issued opinions in four companion cases dealing with co-worker liability for negligence personal injury claims occurring between 2005 and 2012, Conner v. Ogletree and Evans v. Wilson, Nos. SC95995 and SC95997 (consolidated), Fogerty v. Armstrong, No. SC96030, and McComb v. Norfus, No. SC96042.  During this time period,   …read more

Missouri Supreme Court upholds $3.25 million verdict against employer where defense counsel’s trial and appellate arguments did not match.

February 16, 2018

On February 13, 2018, the Missouri Supreme Court issued an opinion in Wieland v. Owner-Operator Services, Inc., No. SC 96210, that clarifies the differences between arguments that a jury instruction was not submissible versus an argument that a party’s claim was not submissible.  The case involved a suit by an employee who sued her employer   …read more

Missouri Supreme Court to consider cases involving whether the Missouri Human Rights Act prohibits workplace sexual orientation discrimination and public school transgender discrimination.

January 24, 2018

On January 23, 2018, the Missouri Supreme Court granted transfer in two cases that are expected to address the scope of sex discrimination claims under the Missouri Human Rights Act (MHRA): Lampley et al. v. Mo. Comm’n on Human Rights and in R.M.A. v. Blue Springs R-IV School District, No. SC96683.  Lampley involves a state   …read more

The Missouri Supreme Court to consider arbitrability of a workers’ compensation retaliatory discharge claim.

December 20, 2017

The Supreme Court issued a preliminary writ of mandamus in State ex rel. Chaparro v. Youngs, SC96779.  In the underlying suit, Ms. Chaparro sued U-Haul alleging that it discriminated against her for a perceived disability and retaliated against her for exercising her workers’ compensation rights in violation of § 287.780.  U-Haul moved to compel arbitration of   …read more

Missouri Supreme Court to consider the Department of Conservation’s authority to regulate the captive deer industry.

October 19, 2017

On October 10, 2017, the Court of Appeals, Eastern District transferred Hill v. Missouri Department of Conservation, ED105042, to the Missouri Supreme Court. The case involves a challenge to regulations the Department enacted to manage the threat of Chronic Wasting Disease (CWD), a fatal, easily transmittable disease affecting deer and other animals in the same   …read more

Missouri Supreme Court reverses a jury verdict in a consumer class action case challenging a “luxury” vehicle representation.

October 19, 2017

In Hurst v. Nissan North America, Inc., SC95707 (Mo. Oct. 5, 2017), a  plaintiff class sued Nissan, alleging that it made numerous misrepresentations about its Infinity FX vehicles in violation of the Missouri Merchandising Practices Act (MMPA).  Plaintiffs argued that Nissan affirmatively misrepresented that the vehicles were “premium” or “luxury” cars because the dashboards were   …read more

Missouri Supreme Court clarifies rules for post-judgment interest in tort and nontort cases: Dennis v. Riezman Berger, P.C., SC96038 (Mo. Sept. 26, 2017).

October 4, 2017

Thomas Dennis and Sonya Cherry (“the plaintiffs”) sued Mercy Hospital Jefferson and its collection law firm. The plaintiffs alleged, among other claims, that the hospital improperly and fraudulently attempted to collect post-judgment interest on judgments the hospital secured against each of the plaintiffs for breach of contract.  The underlying breach-of-contract judgments did not expressly award   …read more

Missouri Supreme Court holds that improper venue and joinder are not grounds for reversal without a showing of specific events or actions that constitute prejudice.

September 21, 2017

The Missouri Supreme Court handed down its opinion in Barron, et al., and Schmidt v. Abbott Laboratories, Inc., SC96151, on September 12, 2017.  The case involved an appeal of a jury verdict in which the defendant claimed improper venue and joinder of claims. Maddison Schmidt, an out-of-state plaintiff, alleged that a drug manufactured by Abbott   …read more

The Missouri Supreme Court grants review of case involving the applicability of consumer protection laws to regulated entities.

September 7, 2017

The Supreme Court granted transfer in Reed v. The Reilly Company, LLC, SC96499, on August 22, 2017. The case is not yet scheduled for argument. After an insurance company terminated a salesperson who worked on commission, the salesperson sought declaratory judgment, injunctive relief, and damages for fraudulent misrepresentation, concealment, and violations of the Missouri Merchandising   …read more