Insights

Missouri Eastern District Split Over Evidence of Habitual Marijuana Use in Motor Vehicle Accidents

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Missouri Rules for Interpleader

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Department of Justice and 15 States Sue Apple Over iPhone Monopoly

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Claims of Workplace Harassment As Retaliation Was Submissible Claim

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Repeated Discovery Violations Could Lead to Dismissal of Case with Prejudice

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When is an employer liable for negligent hiring, retention, and supervision when the tortious act is outside the scope of employment?

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Appeals Court Rules on Unwritten Business Contract

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Montana Supreme Court Explores Insurers’ Duty to Defend

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What Happens When Conflicting Contracts Create Legal Conundrums?

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The Increasing Value of a Broken Ankle

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Why AI Will Not Replace Lawyers

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Entering Executive Session and Attorney-Client Privilege During Executive Session

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Missouri Supreme Court finds that knowledge of a known third-party assailant’s past crimes does not in and of itself impose a duty to protect invitees

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In Missouri, requiring a new signed Release at each visit to an attraction may limit the applicability of the Release to only the day of the Release

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Kansas Considering Changes to Hearsay Exclusions

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Colorado Ballot Initiative To Remove Non-Economic Damages Cap

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In Colorado, Daily Statutory “Damages” against Insurer are a “Statutory Penalty” Subject to One-Year Statute of Limitations

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Dram Shop Act A Shell For Bar & Owner

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Mind Your Mats: Plaintiff’s testimony did not prove property condition was “open obvious as a matter of law”

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Defend, Define, or Deal with the Consequences.

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Why Should Business Owners Care About Comparative Negligence?

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How Can the Silent Partners in Injury Cases Find Justice?

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Who Is a Reasonable Person, And Why Should You Care?

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The Supreme Court Lays New Track for Litigation Tourism

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What Does a Recent Ruling Mean for Michigan Property Owners?

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Attending the NARTC Annual Conference in Boulder, Colorado

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What, Exactly, Is “Negligent” Security?

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Missouri Bans Handheld Cell Phone Use

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The Average Cost of Construction Disputes Spiked Sharply in 2022

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Here’s Why A Florida Trucking Case Could Echo Across The Nation

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How Common Are Breach Of Contract Disputes?

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What Is The Preponderance Of The Evidence?

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Dark Money: A Look at Third-Party Litigation Financing

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Illinois Passes Bill to Allow Punitive Damages in Wrongful Death Lawsuits

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Winning Early: 6 Common Pre-Trial Options in Business Litigation

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These Were the Two Big Trucking Cases from 2022

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Are Company Officers Responsible for Maintaining Oversight?

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Colorado Court of Appeals Reinforces Key Insurance Exception

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Protecting the Business from Data Breaches

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A Look at Proximate Cause in Premises Liability Cases

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What Is a General Contractor’s Role in Premises Liability?

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What is a Daubert win?

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Lien-Based Medical Treatment: How Much Should Healthcare Cost?

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Are Nuclear Verdicts The New Normal?

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How Backed Up Are The Courts?

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Supreme Court Quietly Dismisses Certain Emotional Distress Claims

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What can airlines learn from the case of Day v. SkyWest?

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Colorado limits the ability to conceal government contracts

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Colorado Supreme Court limits adjusters’ liability for delays and denials

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Can employers face both direct and vicarious liability?

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What is the Major Questions Doctrine?

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Missouri Supreme Court argues “similar” cases are not “identical”

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Missouri Supreme Court rules on arbitration agreements

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Court of Appeals Asks What Landowners Really Know

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Colorado Looks at the Role of Causation in Premises Liability

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A recent opinion changes the rules for reinsurance

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Supreme Court Rules That Stopped Trains Are Not “In Use”

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Cook County Court Backpedals on Recent HIPAA Protective Order

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Western District of Missouri holds Insurer Lacks Standing to Appeal Failure to Rule Motion to Intervene After Entry of Judgment

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Illinois First Appellate Circuit Holds Duty to Defend Exists Where Underlying Claim Potentially Falls Within CGL Coverage

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Supreme Court of the United States Affirms Summary Judgment Granted to Railroad in Illinois

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Keep Your (or Your Agent’s) Mailing Address Up-to-Date, or You May Get A Big Surprise

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Do you understand your rights as a railroad employer?

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Missouri Court Clarifies Role of Appraisal Provisions

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Recent Changes To Montana’s Wrongful Discharge Act

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Illinois Court Reaffirms: No Tort of Bad Faith Under Illinois Law

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3 Things to Consider When Choosing Insurance for Your Business

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Court Grants Motion to Dismiss

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What role do dashcams play in a trucking company’s defense?

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Spotting Irregularities in Treatment and Billing Records

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Federal transportation laws may give employers ready defenses

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Tilt-Wall Construction Gets a Second Look Following Recent Midwest Storms

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Cook County’s New Qualified Protective Order Imposes New Hurdles for Defendants

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How do savvy shop owners avoid slip-and-fall lawsuits?

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Illinois Supreme Court Holds Insurer Cannot Depreciate Labor Costs

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Eighth Circuit Hands Welcome Win to UIM Insurers, Reversing Western District’s Decision on “Per Occurrence” Limits of Insurance Provisions

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A Major Change for Minor Settlements

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Missouri Court Revisits The Privileged Relationship Between An Insurance Company And Its Outside Counsel

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Fixing What’s Broken and Breaking What’s Fixed: Significant Changes to Statutes Governing Total and Partial Losses Could Impact Missouri Claims Moving Forward

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Let’s Try This Again: New Law Attempts to Fix Loopholes in Missouri Bad Faith Law

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Bankruptcy Judge Sides with Insurance Companies Regarding Arbitration of Coverage Issues

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Kansas Courts Hold Intervening Criminal Acts Relieve Insured of Liability in Auto Theft Cases Despite Running Vehicle Violating Statute

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In the first federal appellate decision on COVID-19 Business Interruption claims, the Court finds no coverage for Covid-19 business losses arising from Public Health shutdowns in Iowa

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How Shareholder Disputes May Arise

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Missouri Court Holds Settlement Communications Governed by Contract Case Law

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Illinois Law Update: Prejudgment Interest Now Available on Personal Injury and Wrongful Death Actions

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Owned-Vehicle Exclusion Upheld to Limit Coverage to MVFRL Minimum

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The Issues Surrounding Settlement Negotiations

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What Are Asphalt Distresses?

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Zooming in on the Possibility of COVID-Era, Remote Jury Trials

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Insight from an Experienced Attorney and New State Supreme Court Justice

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Savvy Business Owners Have an Inspection Strategy

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The 2020 Plight for Businesses: Profits Are Down While Lawsuits Are on the Rise

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What Are Some Rights as a Creditor to a Business in Bankruptcy?

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How Does Scenario Analysis Prevent Contract Disputes?

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What Is the Carmack Amendment?

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Will Your Small Business Survive If Faced With a Lawsuit?

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How Can You Protect Yourself From Premises Liability Disputes?

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False Allegations of Property Damage and Construction Litigation

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What Premises Liability Mistakes Lead to Lawsuits?

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