In a previous post on the RDM Knowledge Blog, we wrote about the legal authority of both federal and state governments to mandate vaccinations among its citizens. In the article, we surmised that although states would have the authority to require vaccines, the political climate rendered such a position unlikely. This has been largely borne out, as no state has made vaccinations compulsory among non-employees, even more than six months after the widespread availability of multiple vaccines and despite lagging vaccination numbers in many states.
The Missouri Supreme Court has issued an opinion that could greatly impact the trajectory of tort law in the state. On July 22nd, 2021, the Court upheld Missouri’s non-economic damages cap for medical negligence claims and further held that it does not violate the Missouri Constitution’s right to trial by jury for the legislature to abolish personal injury causes of action existing in common law and replace by statute the same type of claim with new standards.
As states across the country ease out of COVID-19 restrictions, many state legislatures are passing laws to protect businesses from COVID-19 liability. Various chambers of commerce and pro-business groups across the country have been proponents of such protections and have pushed their state legislatures to pass laws to protect businesses. So far 30 states have enacted statutes that provide businesses some type of shield against COVID-19 liability suits.
On June 29th, 2021, Missouri Governor Mike Parson signed into law SS HB 345, which will go into effect on August 28th. The law amends Missouri’s unique statutory law, predominantly viewed as favoring policy holders and plaintiffs’ attorneys seeking garnishments and third-party actions against insurance companies.