Legal Alerts
February 18, 2022 Granado v Wilson KS Court of Appeals DecisionIn Granado v Wilson, Wilson ran a stop sign under the apparent influence of drugs and/or alcohol causing death of plaintiff’s spouse in October 2017. The liability carrier claim representative received the accident report confirming the apparent failure to stop and drug/alcohol involvement of the insured driver on November 2017. In February 2018, plaintiff hired an …
January 19, 2022 The Fate of Missouri’s No Pay No Play StatuteMissouri’s No Pay No Play Statute is codified at RSMo. §303.390 and provides that if an uninsured Plaintiff is involved in a motor vehicle accident with an insured Defendant, then the uninsured Plaintiff is precluded from recovering any non-economic damages from the insured Defendant. Although this statute has not been addressed by the Missouri Supreme …
September 2, 2021 Missouri Makes Major Changes to Minor SettlementsOn August 28, 2021, the “Missouri Statutory Thresholds for Settlements Involving Minors Act” went into effect in the State of Missouri. The Act makes several important changes to the way that claims and settlement agreements for minor claimants or plaintiffs. The main takeaway is that if a minor’s claim totals less than thirty-five thousand dollars …
August 16, 2021 Johnson County, Kansas Court System COVID UpdateORDER TEMPORARILY SUSPENDING JURY TRIALS IN CONSIDERATION OF COVID PROTECTION PROTOCOLS FOR THE 10TH JUDICIAL DISTRICT Below is the most recent Administrative Order (AO No. 21-05) entered by Chief Judge Thomas Kelly Ryan canceling jury trials scheduled through September 7th due to the COVID pandemic for the 10th Judicial District governing operations in the Johnson County, Kansas, …
July 30, 2021 COVID-19’s Impact on Statutes of Limitations for Civil Actions in Missouri and KansasThe Supreme Courts of Missouri and Kansas took two different approaches toward their treatment of statutes of limitations and deadlines in light of the COVID-19 Pandemic. The different approaches of each court are important to be aware of for potential plaintiffs and defendants because it will directly impact whether a party is able to bring …
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June 30, 2021 2021 Legislation on Bad Faith in MissouriNew legislation was enacted in Missouri to amend §§ 435.415 and 537.065 R.S. Mo concerning agreements frequently used in bad faith litigation. Section 537.065 R.S. Mo. allows an insured to enter into an agreement with a claimant where the claimant will not execute on any of the insured’s assets other than insurance that may apply, and the insured typically assigns his/her rights against the insurance company to the claimant.
June 3, 2021 Statutes of Limitation and Repose in Construction Defect Litigation – Kansas, Missouri, and ColoradoAs a general contractor, developer, or subcontractor, you may be surprised to find yourself in the middle of a lawsuit several years after your work on a particular job was completed. Understandably, you may ask, “How could I possibly be pulled into a lawsuit so many years after I finished this project?” The answer lies …
May 27, 2021 Overview and Recent Developments of Kansas Bad FaithThe Kansas Court of Appeals recently issued its long-awaited opinion in Gruber v. Marshall which helps provide an update and overview to avoiding and defending bad faith claims in Kansas. In Gruber, two friends died when the plane they were in crashed outside of Manhattan, Kansas. Claiming pilot negligence, the estate of the passenger—Marshall—sued the …
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April 15, 2021 Trial Court Dismisses Wrongful Death LawsuitChristopher Staley and Jana Richards obtained dismissal against plaintiffs’ wrongful death claims arising out of a trucking accident in rural Oklahoma. Initially, plaintiffs filed their lawsuit in Jackson County, Missouri. Chris and Jana filed a motion to transfer venue out of Jackson County, Missouri and into Cole County, Missouri based upon the fact that the …
February 26, 2021 Court Operations During COVID-19As most of you know, the number of COVID-19 cases are spiking throughout the United States, including the Kansas City, St. Louis and Springfield, Missouri metropolitan areas. Several courts have recently issued orders suspending jury trials and in-person court operations in light of the spread of COVID-19. Below is a summary of how the courts …