Missouri State Law Legal System ConceptMissouri House Speaker Todd Richardson and Speaker Pro Tem Elijah Haahr worked together to lead discussion in the Missouri House surrounding the House Bill on tort reform (HB460). The unusual move brought the caucus in line, leading the House to adopt an amended version of the bill. Passed by a margin of 100-54, the bill now moves to the Missouri Senate where the process will begin again with senate committee hearings and floor debate.

For more information on Missouri legal updates, contact Jay Atkins or Lowell Pearson.

MissouriThe Supreme Court of Missouri recently issued an important decision in Norfolk Southern Railway Co. v. Dolan, holding that Missouri did not have personal jurisdiction over an out-of-state corporation registered to do business in Missouri that was conducting “substantial and continuous” business in Missouri, where an alleged injury to a resident of another state arose due to conduct outside of Missouri.

Continue Reading Missouri Supreme Court Limits Personal Jurisdiction

 

Product Liability Monitor

March 9, 2017
New Developments
Missouri Products Law: Are The Times A-Changin’?
By Joe Guffey

Missouri, the home of Mark Twain and Harry S Truman, has in recent years become one of the most deeply red states politically. Yet it has also acquired a reputation as of one of the most plaintiff friendly forums nationally, thanks to its substantive law and to juries in the City of St. Louis (dubbed the Number 1 “Judicial Hellhole” by the defense-oriented American Tort Reform Association for 2017).

Some of that may be about to change following the 2016 election of Republican former Navy Seal Eric Greitens as Governor and heavy Republican majorities in the Missouri House and Senate. Several bills are now pending in the Legislature which could bring about significant changes in Missouri product liability law and practice. [Continue Reading]

Immunity for Autonomous Vehicle Manufacturers?
By Mark Pratzel

As autonomous automobile vehicle (AV) technology develops new legal issues and challenges continue to appear. An issue that has led to much debate is the potential impact of lawsuits, which some contend could hamper the growth of AV technology. [Continue Reading]

What is an Adequate Warning? Criteria and Application
By Dan Jaffe

Many courts have stated criteria for determining the adequacy of product safety warnings. The Tennessee Supreme Court established a particularly useful 5-part test in Pittman v Upjohn Co., 890 S.W.2d 425, 429 (Tenn. 1994).  As recently re-stated by the Court of Appeals for the Sixth Circuit [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Product Liability Practice

Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]

Product Liability Monitor Archive
February 2017

Product Liability Monitor

December 13, 2016
New Developments
Auto Manufacturers Partner with Nauto to Improve Driverless Car Technology
By Shannon Peters

One of the main obstacles to the autonomous vehicle industry is “infrastructure,” but not in the sense typically associated with the term. Since autonomous vehicles come in all shapes, sizes, and powertrain types (gasoline, electric, and hybrid), and a wide range of degree of automation, the key infrastructure issue is not with the roads or the need for a worldwide network of guidance wires, rails, or charging stations, but ensuring the safe integration of autonomous vehicles into the world of human drivers.  Enter “Nauto.” [Continue Reading]

Confidentiality and the Public Interest
By Dan Jaffe

Public Justice, a public interest advocacy organization, recently posted over one million pages of Remington Arms Company internal documents on a publically available searchable online database. These documents concern the “Walker” trigger mechanism of the Remington Model 700 rifle, which has been the subject of more than 100 lawsuits, and is allegedly implicated in at least 24 deaths. [Continue Reading]

What is an Adequate Warning?
By Alan Hoffman

In Miasa Barron, et al. v. Abbott Laboratories, Inc., the Missouri Court of Appeals recently affirmed a verdict by a St. Louis jury awarding $15 million in compensatory damages and $23 million punitive damages for birth defects caused by the antiepileptic drug Depakote.  While there were other issues, the central liability question was whether Abbott adequately warned about the dangers of birth defects from using Depakote during pregnancy. [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Product Liability Practice
Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
November 2016

Product Liability Monitor

November 8, 2016
New Developments
Does Talc Cause Cancer? Scientific Evidence in the Courtroom
By Alan Hoffman

This year juries returned verdicts totaling nearly $200 million in three Missouri cases claiming that ovarian cancers is caused by using talcum powder products. By contrast, in September a New Jersey Superior Court excluded expert opinions offered to support such claims and granted defense motions for summary judgment in two pending cases. What scientific evidence is there concerning the causal connection, or lack of it, between talc use and ovarian cancer? [Continue Reading]

Autonomous Vehicles and Asimov’s Three Laws of Robotics
By Eric B. Krauss

The Three Laws of Robotics are not laws in the traditional sense. They are neither rules passed by a community to regulate its members nor scientific facts proven by observation to govern natural phenomena, but rather a work of literature, devised by science fiction author Isaac Asimov. These “laws” reflect common-sense maxims for human relationships: that people should not harm others; that they should obey the standards of their communities; and that people should not engage in self-destructive behavior.  The difference between humans and computers is that humans have free will, while computer behavior is governed by software and programming devised by humans.[Continue Reading]

Court Dismisses the Sandy Hook Shooting Suit
By Dan Jaffe

On October 14, 2016 Connecticut Superior Court Judge Barbara Bellis dismissed the Sandy Hook shooting victims’ suit against Remington Arms Company and Bushmaster Firearms International. Judge Bellis held that the plaintiffs’ claims are barred by the Protection of Lawful Commerce in Arms Act, 15 U.S.C. §§ 7901, et seq. (PLCAA), and did not fall within any exception to immunity from liability set forth in the PLCAA. [Continue Reading]

Connect with us: Blog | Twitter | LinkedIn
Technology, Manufacturing & Transportation
Product Liability Practice
Manufacturers work hard to develop material goods and product designs that are high-quality, safe and durable. We understand your commitment to excellence and commit ourselves to defending you against product liability allegations. Husch Blackwell’s Product Liability team has insight into your industry-specific challenges. [More information]
Product Liability Monitor Archive
October 2016

Employment ApplicationOn April 11, 2016, Missouri Governor Jay Nixon signed an Executive Order that immediately implemented a “Ban the Box” policy for Missouri state agencies, departments, boards, and commissions. Under this Order, state employers must amend their initial employment applications to remove questions relating to an individual’s criminal history unless a criminal history would render an applicant ineligible for the position. State employers may still request information about an applicant’s criminal past and may still conduct a criminal background check as a condition of employment, but the Order requires that state agencies wait until later in the application process to procure that information. The Order does not specify exactly when in the application process employers may make these criminal history inquiries.

Continue Reading Missouri Governor Jay Nixon Signs Executive Order to “Ban the Box”

On April 28, 2015, Governor Jay Nixon signed Missouri House Bill 384 (H.B. 384), which created a Tax Amnesty Program (the Program) in the state of Missouri. See Mo. Rev. Stat. § 32.383. To qualify for the Program, taxpayers with delinquent tax bills must pay the full amount of any taxes owed prior to November 30, 2015. In exchange, the Missouri Department of Revenue (MDOR) will forego collection of any applicable interest, penalties, or other statutory additions to tax. The MDOR is also prohibited from pursuing a criminal case against taxpayers who participate in the Program unless a subsequent investigation shows the taxpayer engaged in fraudulent or criminal conduct while applying for amnesty. The Program applies only to tax liabilities due or due but unpaid on or before December 31, 2014, and extends only to taxpayers who are not currently a party to any criminal investigation. Taxpayers must also maintain compliance with all of the state’s tax laws for eight years after receiving amnesty. Continue Reading Missouri Tax Amnesty Program Begins September 1, 2015