Winter is Coming! It’s Time to Dig out the Immunity Under The Illinois Snow and Ice Removal Act
Posted by: Nicholas Meriage
January 18, 2017
With the coming of winter Illinoisans are once again getting their snow shovels and ice melt ready to remove the white stuff from their residential driveways and sidewalks. The question is, what is a residential property owners’ duty to remove snow?
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Recent Personal Jurisdiction Decision in St. Louis City, Missouri Limits the Use of a Registered Agent to Establish Personal Jurisdiction
Posted by: →
November 10, 2016
On October 28, 2016, Judge Robert Dierker issued an order in the case of Bristol v. Ford Motor Co., et al., 1522-CC10413, denying Ford’s Motion to Dismiss Based upon Lack of Personal Jurisdiction. Ford argued that there was no personal jurisdiction in t [...]
Company Consented to Personal Jurisdiction in Missouri by Maintaining Registered Agent
September 9, 2016
Recently, in the case of Kologenski v. Genuine Parts Corporation (1622-CC00427), Judge Sengheiser denied Genuine Parts Company’s (GPC’s) Motion to Dismiss for Lack of Personal Jurisdiction, finding that GPC consented to personal jurisdiction in Missou [...]
Will Cancers From “Vaping” Be the Next Toxic Tort?
Posted by: →
August 26, 2016
The new trend among smokers, those trying to quit, and even non-smokers, are electronic cigarettes, or e-cigarettes. These e-cigarettes are marketed as a same alternative to cigarettes, but are they really safe? If they are not safe, will diseases caused [...]
The Looming Attack on Damage Caps in Missouri Medical Malpractice Cases
Posted by: Nicholas Meriage
May 25, 2016
The issue of damage caps is an area of ongoing litigation in Missouri. A new case has just been handed down by the Missouri Supreme Court which provides some clarity on the issue of statutory damage caps on non-economic damages but fails to fully resolv [...]
Phillip Bryant and Nicholas Meriage Granted Motion to Dismiss on a Repossession Injury Claim
Posted by: Nicholas Meriage
Posted by: Phillip Bryant
May 24, 2016
PS Partner: J. Phillip Bryant
PS Associate: Nicholas P. Meriage
We represented: Phillip Christophel, and Stealth Recovery, LLC
Venue: Circuit Court of County of St. Louis
Facts:
Plaintiff sued for alleged injuries arising out of the repos [...]
Genetic Mutation Defense in Asbestos Cases
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March 9, 2016
Over the last few years, asbestos defense attorneys have slowly begun to introduce a defense to the causation of mesothelioma related to a specific genetic mutation. In a recent study, scientists have found that individuals who carry a mutation in a gene [...]
Illinois Supreme Court Upholds the Exclusive Remedy Provisions of the Workers’ Compensation Act and the Workers’ Occupational Diseases Act in Asbestos Related Diseases
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November 19, 2015
On November 4, 2015, the Illinois Supreme Court filed the attached opinion in the matter of Folta v. Ferro Engineering, 2015 L 118070. In a 4-2 decision, the Court held that when the employee’s injury or disease first manifests after the expiration of c [...]
Missouri Senate Bill 239 – Reinstatement of Damage Caps In Medical Malpractice Cases
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November 19, 2015
When evaluating a claim for medical malpractice, the potential exposure is a key consideration for both health care provider and defense counsel. Until recently, plaintiffs could receive unlimited non-economic damages awards in medical malpractice lawsu [...]
Personal Jurisdiction Considerations in Missouri & Illinois after Daimler AG v. Bauman, 134 S. Ct. 746 (2014)
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November 19, 2015
On January 14, 2014, the United States Supreme Court decided the case of Daimler AG v. Bauman, 134 S. Ct. 746 (2014). The background of this case is as follows: Daimler is a German corporation which was sued in California by Argentinian plaintiffs for hum [...]