Business Law

HAS THE U.S. SUPREME COURT PUT AN END TO LAWSUIT TOURISM ONCE AND FOR ALL? OR “3 STRIKES AND YOU’RE OUT [OF THIS JURISDICTION]”

A General Counsel knows the situation all too well. He or she receives word that the Company has been named as part of a multi-plaintiff case in a plaintiff friendly jurisdiction which has nothing to do with the underlying facts, and most of the plaintiffs…
Trademark Law

NO SAFE SPACE FROM OFFENSIVE TRADEMARKS! SUPREME COURT RULES LAW PROHIBITING REGISTRATION OF DISPARAGING TRADEMARKS IS UNCONSTITUTIONAL

Last fall I wrote a post about the pending case, Matal v. Tam, before the United States Supreme Court that had implications for everyone.  The blog dealt with a section of the federal trademark statute, 15 U.S.C. § 1052(a), which authorizes the United States Patent…
Business Law

SEVENTH CIRCUIT SAYS PLAINTIFFS CAN’T ESCAPE WORKERS COMP EXCLUSIVITY BY ARGUING NEIGHBORHOOD/COMMUNITY ASBESTOS EXPOSURE

Under a new Illinois case, plaintiffs cannot avoid the restrictions of a state’s workers’ compensation statute by claiming exposure to asbestos in the plant’s neighborhood ambient air caused their asbestos related disease, rather than the exposures that occurred during their long employment history. The Seventh…
Products Liability

CORPORATE DEFENDANTS BEWARE – MISSOURI APPELLATE COURT AFFIRMS $10 MILLION PUNITIVE DAMAGE VERDICT IN ASBESTOS CASE WITH ONLY “CIRCUMSTANTIAL” EVIDENCE OF KNOWLEDGE BY THE DEFENDANT OF THE HAZARD

The Missouri Court of Appeals, Eastern District, on May 2, 2017, affirmed a $10 million dollar punitive damages verdict, as well as a $1.5 million actual damages verdict, against Crane Co. in Poage v. Crane Co., No. ED103953 (Mo. App. E.D. 2017). This case is…
Business Law Business Law Resources Labor and Employment Law Uncategorized

Employer Forms Disclosing & Authorizing Background Checks Must Exclude Liability Waivers

Good Reasons Support the Use of Background Checks in the Hiring Process. Many employers run background checks on job applicants before they make an employment offer.  Doing so enables such employers to confirm the truthfulness and accuracy of background information provided by job applicants, such as…
Business Law Business Law Resources

Big change in Missouri Personal Jurisdiction Law for Non-Missouri Corporations

The Missouri Supreme Court, in a unanimous decision filed on February 28, 2017, held that non-Missouri corporations would not be held subject to the personal general jurisdiction of Missouri courts in civil suits, unless the corporation was organized under Missouri law, had its principal place…
Business Law Business Law Resources Labor and Employment Law

Rescuing Your Defined Contribution Retirement Plan

A plan sponsor of a preapproved, prototype or volume submitter defined contribution plan, including a profit-sharing, 401(k) or money purchase plan, was required to amend and restate the plan’s governing documents by April 30, 2016. See the article “Deadline Looming for Changes to Your Company’s…