The Missouri Court of Appeals Eastern District has determined that the state law definition of “commission” does not include compensation based on a percentage of profits. The decision affirmed a summary judgment by St. Louis County Circuit Judge Melvyn Wiesman, ...

Tagged with: class action commission Missouri Court of Appeals Eastern District National Dealers Warranty Inc. salespeople

An appeals court threw out a judgment in a wrongful death settlement that would have reimbursed an insurance company, giving the company “a second bite at the apple,” according to the plaintiffs’ lawyer. In reaching its decision on jurisdictional grounds, ...

Tagged with: AIG Insurance Missouri Court of Appeals Eastern District reimbursement Subrogation

Use of Fireman's Rule rejected

The Missouri Court of Appeals Eastern District has upheld a $27 million verdict against a company for allegedly manufacturing faulty breathing equipment that led to a firefighter's death. This family portrait from before the fatal accident in 2002 features St. Louis City firefighter Derek Martin, his wife Angela and his children Jordan, Denzel and Kayla.

Tagged with: breathing mask Brown & James Derek Martin firefighter Fireman's Rule Jerome Schlichter Missouri Court of Appeals Eastern District Robert Morrison Schlichter Bogard & Denton Survivair Respirators Inc. T. Michael Ward

A state appeals court upheld a $2 million judgment against a former tenant of a Clayton office building. Huntleigh Financial Services Inc. leased office space from 8000 Maryland LLC in a building at 8000 Maryland. A few months after HFS’ ...

Tagged with: Huntleigh Financial Services Missouri Court of Appeals Eastern District

More than a year after the Missouri Supreme Court established judicial review of medical staffing decisions, a state appeals court put some meaning behind the requirement that hospitals “substantially comply” with their own bylaws before revoking a doctor’s privileges. On ...

Tagged with: Egan judicial review Missouri Court of Appeals Eastern District Missouri Supreme Court St. Anthony's Medical Center

Kevin J. Butler argues he might have walked free had he been able to use the self-defense theory and been allowed to testify on his own behalf at his trial. That was the message his attorney submitted in briefs to ...

Tagged with: Kevin J. Butler Missouri Court of Appeals Eastern District Scott Rosenblum

The Missouri Court of Appeals Eastern District has affirmed a lower court ruling that St. Peters officials did not violate the state’s Sunshine Law when it delayed responding to the Great Rivers Environmental Law Center’s request for city records. The ...

Tagged with: Missouri Court of Appeals Eastern District St. Peters Sunshine Law

The Missouri Court of Appeals Eastern District has reversed judgment on one count of first-degree child molestation against a Festus man. A Jefferson County jury convicted Billie R. Hale on 11 counts of various sex offenses against four female minors. ...

Tagged with: Billie R. Hale child molestation M. Edward Williams Missouri Court of Appeals Eastern District

In a 2-1 decision, a state appeals court upheld a bench verdict ordering SSM Healthcare of St. Louis to pay $1.02 million for traffic generation assessment credits SSM bought when it purchased land in Fenton to build a new hospital. ...

Tagged with: bench verdict Carolyn Whittington hospital Missouri Court of Appeals Eastern District SSM Healthcare of St. Louis

Legislation barring public entities from paying punitive damages is sparking conflict between individuals who don’t want taxpayer dollars paid out in lawsuits and others who wish to keep governmental bodies accountable for wrongdoing. The bill, which is sponsored by Rep. ...

Tagged with: David Moen Department of Labor and Industrial Relations Missouri Court of Appeals Eastern District Missouri Human Rights Commission public entities punitive or exemplary damages Tim Jones University of Missouri-St. Louis

The city of Hillsboro’s annexation attempt for a potential development was put to rest last week when the Missouri Supreme Court denied transfer of a case from the Missouri Court of Appeals Eastern District. By not hearing the case, two ...

Tagged with: annexation Hillsboro Missouri Court of Appeals Eastern District Missouri Supreme Court