Although the battle over state income taxes between Missouri Governor Jay Nixon and the Missouri General Assembly drew national attention to this week’s Veto Session, three lesser known bills will have a more immediate impact on civil tort litigation in Missouri. On September 11, 2013, the legislature overrode the Governor’s veto on three bills that provide certain limits on tort claims against insured drivers, voluntary health care providers, and hard rock mining companies.
Uninsured Motorist Plaintiffs. House Bill 339 provides that an “uninsured motorist” waives ...
** By HeplerBroom Summer Associate Tiffany B. Wong
A. Direct Participant Liability Negligence Theory in Illinois
In Illinois, it is a bedrock principle of limited liability deeply ingrained in our economic and legal systems that a parent company is not liable for the acts of its subsidiary. Liability for negligence arises when one person breaches a duty of care owed to another. To establish a cause of action for negligence under the law, a plaintiff must establish four “elements”: (1) a duty of care, (2) a breach of that duty, (3) an injury caused by the breach, and (4) resulting ...
In Russell v. SNFA, 2013 IL 113909 (Ill. Apr. 18, 2013), the Illinois Supreme Court held that Illinois courts had jurisdiction over a French company despite the fact that the company had no offices, assets, property or employees in Illinois, no license to do business in Illinois, and did not specifically direct product sales in Illinois and was generally unaware its products were being distributed in the state.
On January 28, 2003, the sole occupant and pilot of a helicopter died after his helicopter crashed in Illinois. The decedent was a resident of Georgia who was living in Illinois ...
When does a gift or entertainment risk being treated as a violation of the Foreign Corrupt Practices Act (FCPA)? When do payments associated with obtaining international business become bribes? What do you do when facilitation payments are requested? How can you deal with these thorny issues and maintain your competitive edge? The answers are fact and setting specific but the Feds have provided some important new guidance. And the best part is that it is free!
On November 14, 2012 the Department of Justice and the Securities and Exchange Commission released a 120 page “Resource ...