It is well settled in Missouri that a property owner is not liable for injuries that occur as a result of an “open and obvious” danger on the property. But what is “open and obvious”? A recent ruling by the Missouri Court of Appeals in Anslinger v. Christian Hospital Northeast-Northwest clarified and narrowed when a trip hazard on a walking surface is “open and obvious.”
Continue reading Missouri Court of Appeals Narrows “Open and Obvious” Defense
Last Fall, an Illinois Court saw the first class action lawsuit brought under the Illinois Biometric Information Privacy Act, an Illinois statute that allows individuals to make a claim against private entities that collect biometric data without first creating a publicly available policy on the data’s retention and destruction, obtaining the individual’s consent, and using reasonable care to protect the information gathered.
Continue reading Cothron v. White Castle: Another Blow to BIPA Defendants
The Missouri legislature passed Mo. Rev. Stat. § 510.261 in 2020. The statute aimed to limit the frequency and sum of punitive awards. In advance of this aim, Mo. Rev. Stat. § 510.261.5 states that “[n]o initial pleading in a civil action shall contain a punitive damage award.” The section goes on to establish that the trial court must serve as a gatekeeper, granting plaintiffs leave of court to plead punitive damages only after a plaintiff shows “a reasonable basis for recovery of punitive damages” through “affidavits, exhibits, or discovery materials.”
Continue reading Checking In on Punitive Damage Reform in Missouri
Earlier this year, RDM member Nate Lindsey wrote about the ins and outs of the Illinois Biometric Information Privacy Act (BIPA). Enacted in 2008, BIPA allows individuals to make a claim against private entities that collect biometric data without first creating a publicly available policy on the data’s retention and destruction, obtaining the individual’s consent, and using reasonable care to protect the information gathered.
On January 12th, 2021, the Missouri Court of Appeals affirmed a trial court ruling against Liberty Insurance Corporation, finding it liable for the $7.5 million remaining balance of a wrongful death judgment. The case provides important lessons for insurers on how to avoid being bound to substantial judgments against their insureds, even where viable policy exclusions exist.
Continue reading Could Coverage Denials Give Plaintiffs a Blank Check?
