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The Missouri Court of Appeals, Eastern District, upheld a $10 million verdict in Schultz v. Great Plains Trucking, Inc., while divided on the admissibility of evidence regarding a mother's chronic marijuana use during a motor vehicle crash, emphasizing the lack of conclusive proof of impairment and the evolving legal standards surrounding recreational marijuana use.

Missouri's R.S.Mo. 507.060 provides insurers facing multiple claims exceeding policy limits a mechanism through interpleader actions, requiring adherence to deadlines and naming all potential claimants, depositing applicable coverage limits into court within thirty days of interpleader approval, thus protecting insurers from liability beyond contractual limits while still obliging them to defend insured parties.

The U.S. Department of Justice, along with fifteen states and the District of Columbia, filed a lawsuit against Apple Inc. in the U.S. District Court of New Jersey, alleging antitrust violations related to the monopolization of the smartphone market and restricting competition through contractual obligations and access restrictions.

KNM congratulates Jon Morrow on his recent promotion to board member/co-owner, acknowledging his significant contributions to the firm's growth and success, particularly in expanding the St. Louis office over the past four years.

Knight Nicastro MacKay, LLC proudly announces that six of their attorneys have been named to the 2023 Super Lawyers list for Missouri and Kansas, with Derek MacKay earning the Super Lawyer designation and Allison Greenfield, Phillip Raine, Killian Walsh, and Nicci Gudmens recognized as Rising Stars, reflecting their exceptional legal expertise and professional achievements in various areas of civil litigation defense and business litigation.

Four attorneys from KNM have been recognized in the 2024 Edition of The Best Lawyers in America®, while Oliver Maguire has been honored in the Best Lawyers – Ones to Watch in America® category, reflecting their exceptional legal expertise and client service across various practice areas.

Allison Greenfield of KNM receives the 2023 Up & Coming Award from Missouri Lawyers Media, honoring her outstanding achievements and success in representing clients throughout the state.

KNM proudly announces the promotion of Rich Tomich and Phil Raine to Member, and Mallory Sanzeri and Pat Allegri to Senior Attorney, highlighting their expertise and contributions in various legal fields across different offices.

Four attorneys from Knight Nicastro MacKay, LLC in Kansas and Missouri were recognized in the 2022 Super Lawyers list, with Derek MacKay earning Super Lawyer status and Allison Greenfield, Phillip Raine, and Killian Walsh named Rising Stars, affirming their top-tier legal expertise and professional accomplishments.

Jon Morrow and Killian Walsh of KNM’s St. Louis office successfully obtained summary judgment by demonstrating that the alleged property collapse did not meet the criteria outlined in the insurance policy's collapse provision, further bolstered by a Daubert win that discredited the plaintiff's primary expert, ultimately strengthening the defense's case.

Derek MacKay, Allison Greenfield, and Oliver Maguire of the Kansas City office successfully defended Central RV in a lawsuit alleging non-disclosure of prior storm damage, securing a defense verdict after the jury found no liability on all claims.

We're delighted to announce that four of our team members have been recognized in the 2023 Edition of The Best Lawyers in America®, a prestigious honor based on peer review, affirming their excellence in their respective legal fields.

Katie McCarthy and Jon Morrow of KNM’s St. Louis office recently obtained partial summary judgment on vexatious refusal claims in front of the Western District of Missouri, as the court found no evidence supporting the insured-plaintiff's claims and concluded that the insurer's denial of coverage was not vexatious.

Jon Morrow, Elaine Moss, and Killian Walsh of KNM’s St. Louis office secured summary judgment in the Western District of Missouri by successfully arguing that the insured's claim for "demolition" costs lacked evidence of a covered loss and did not meet the definition of "demolition" under the policy, leading to a dismissal of the claim.

Killian Walsh of KNM’s St. Louis Office successfully obtained summary judgment in a Kansas state court case where the plaintiff sued the insured for injuries sustained from falling off a ladder, with the court ruling in favor of KNM based on the argument that the ladder's alleged dangerous condition was open and obvious to the plaintiff, who had extensive construction experience.

" The Kansas City Office's Derek MacKay and Andrew Serrone secured a directed verdict win for their clients, owners of a Kansas-based logistics company, in a lawsuit where the plaintiff demanded over $3,000,000 in damages for alleged tortious interference, with the court dismissing the case after finding the plaintiff failed to meet the requirements for a civil conspiracy claim."

Derek MacKay and Phillip Raine from the Kansas City Office secured an arbitration victory for a California-based auto-financing company against a claimant who demanded over $1,000,000 for a $14,000 car sale, with the arbitrator rejecting the claimant's arguments and finding she still owed the remaining balance of the loan.

Richard Tomich secured a swift victory for a Class I railroad client by obtaining the dismissal of FELA and FRSA claims filed against the railroad in the Central District of Illinois, just 2 ½ months after the Complaint was filed, based on a successful Motion to Dismiss for Lack of Personal Jurisdiction supported by KNM's argument of lacking general and specific jurisdiction.

Andrew Bell secured a summary judgment for a Class I railroad client by successfully excluding the plaintiff's expert witness testimony, which lacked reliability under the Daubert standard, resulting in the plaintiff's claim lacking expert medical evidence to support her claims.

" A Chicago attorney showcased in the YLDNews, the ISBA Young Lawyers Division newsletter, offers dynamic trial preparation insights from an associate's viewpoint, contributing to the division's mission of nurturing a well-rounded professional journey for young lawyers in Illinois."

Richard Tomich of Peoria secured a swift victory for a corporate client by successfully dismissing an asbestos claim in Madison County, Illinois, through a Motion to Dismiss for Lack of Personal Jurisdiction, demonstrating KNM's effective defense strategy.

Despite a complex trial involving premises liability and dram shop elements, the jury ultimately found no negligence on the part of the defendant, securing a significant victory for the legal team led by Derek and Phil, alongside attorney Mike Wise and paralegal Ashley Smith.

After a five-day trial, jurors swiftly returned a defense verdict for BNSF Railway Company against a lawsuit alleging a former employee's lung cancer was caused by exposure to toxic substances, with attorneys Chad Knight and Erik Nelson of Knight Nicastro MacKay, LLC successfully representing BNSF.

Knight Nicastro MacKay proudly celebrates the recognition of four of its attorneys, Chad Knight, Jonathan Morrow, Elaine Moss, and Patrick Murphy, who were selected by their peers for inclusion in the esteemed 2022 edition of The Best Lawyers in America®, solidifying their excellence in railroad and insurance law practice areas, reflecting the firm's commitment to legal excellence and peer acknowledgment.

St. Louis attorneys Elaine Moss and Katie McCarthy secured dismissal of COVID-19 business interruption coverage claims by demonstrating the lack of ""direct physical loss of or damage to property"" necessary for coverage under the policy, leading Judge Henry Autrey to grant the insurer's Motion to Dismiss all claims against it.

Killian Walsh secured a victory for an insurance client by arguing that a landlord cannot be held liable for injuries caused by a tenant's dog, as they are not considered an owner, possessor, keeper, or harborer of the animal, as detailed in the article.

Jon Morrow and Katie McCarthy of Knight Nicastro MacKay, LLC secure a victory for an insurance client by successfully arguing that Missouri law limits remedies for an insurer's alleged failure to pay a claim, leading to the dismissal of an unjust enrichment claim in Cardinal Building Materials v. Amerisure Insurance Company.

On April 21, 2020, United States District Judge Marsha Pechman dismissed a lawsuit against BNSF Railway Company for failing to present evidence that her late husband’s non-Hodgkin lymphoma was caused by occupational exposures.

Knight Nicastro MacKay, LLC, recently added an attorney to its growing Colorado practice, Charlotte Johnston, who joined the Boulder office.

" Knight Nicastro has been renamed Knight Nicastro MacKay, LLC, in recognition of Derek MacKay's pivotal contributions to the firm's expansion, particularly in insurance defense. The firm, now with increased operations in Colorado, Illinois, Missouri, and Montana, has seen significant growth, enhancing its national presence in high-stakes litigation."

Kansas City paralegals Karen Frisbie, Jeannie Johnson, Ashley Smith, and attorney Michael Wise recently supported the Harvesters Community Food Network by participating in the Food from the Bar Helpy Hour, where they packed food boxes for local senior nutrition programs. This initiative is part of a five-week challenge involving local legal professionals aiming to combat regional hunger, affecting one in seven residents.

Knight Nicastro has expanded into Illinois, opening offices in Chicago and Peoria, and adding five new attorneys to strengthen its litigation capabilities in transportation and other high-stakes cases. This move follows significant early-year growth, including notable additions to its Missoula, Montana office.

Knight Nicastro attorney Adam Duerk was highlighted in a Missoulian article discussing potential legal actions related to asbestos handling at the University of Montana’s McGill Hall. The firm is noted for its deep expertise in asbestos litigation and is currently advising those affected by the exposure.

Knight Nicastro is addressing asbestos exposure at the University of Montana's McGill Hall, where high levels of asbestos fibers have been detected, including in a day care center. The building, constructed in 1953, is now closed due to these health risks. With extensive experience in asbestos litigation, Knight Nicastro is actively consulting with affected families to explore legal remedies.

Knight Nicastro has enhanced its Missoula, Montana office by adding former BNSF Senior General Attorney Adam Duerk and ex-Assistant U.S. Attorney Benjamin Burns, expanding its prowess in high-stakes litigation and regional legal expertise.

" Noah Garcia has been named to the 2018 Missouri & Kansas Rising Stars list by Super Lawyers, an honor recognizing the top lawyers through a rigorous selection process of peer nominations, independent research, and evaluations."

Noah Garcia successfully defended BNSF Railway Company on appeal in a landmark Kansas case involving a train blocking a crossing for 4.5 hours, establishing that the federal Interstate Commerce Commission Termination Act (ICCTA) preempts state laws regulating railroad operations, with significant implications for the industry.

Knight Nicastro supported the Kansas City Paralegal Association's benefit for Big Brothers/Big Sisters by donating a wine basket to the Fall Social's silent auction, contributing to the total of $1,600 raised at the event.

Knight Nicastro triumphed again in the Kansas City Paralegal Association's teddy bear drive, donating 803 bears to support children in crisis. Moving up to the medium-sized firm category this year, the firm continued its tradition of generosity, led by key contributors from the team. This effort underscores Knight Nicastro’s commitment to community engagement and collaboration with local organizations.

Knight Nicastro strengthens its insurance defense team with the addition of Derek MacKay and his group from Brown & James, enhancing their litigation prowess following a recent appellate victory in Montana.

Chad Knight successfully defended BNSF in a Montana lawsuit, where the jury concluded that an engineer's asbestos-related medical condition was not due to workplace exposure, affirming BNSF's commitment to safety and leading to a defense verdict on all counts.

Adam Detsky was featured in Steve Vockrodt's article in "The Kansas City Star," discussing the legal implications for the duck boat industry amid recent lawsuits and investigations. Adam emphasized that the lack of specific regulations doesn't necessarily benefit companies in litigation, pointing to broader issues of negligence and safety practices in the industry.

Noah Garcia has been elected to the Board of Directors for the Lawyers Association of Kansas City: Young Lawyers Section, where he will contribute to advancing the group’s mission in public service, education, and professional cooperation from 2018 to 2020. Congratulations to Noah on his new role!

Noah Garcia has been honored as the June recipient of the Kansas City Metropolitan Bar Foundation's "Military Matters Pro Bono Spotlight" for his dedicated volunteer legal service to veterans, contributing nearly 60 hours to significant cases, including stopping wrongful garnishments and aiding a veteran in emergency housing crisis.

Knight Nicastro welcomes Nick Erickson, a seasoned former law clerk from the Colorado Court of Appeals, specializing in FELA litigation, employment, and administrative law, to their team as an Associate Attorney.

The Chief Judge of the U.S. District Court of Montana upheld a ruling that an indemnification clause requiring a party to cover losses even for their own negligence is valid under Montana law, distinguishing between indemnification agreements and exculpatory clauses, which are prohibited for excusing willful or negligent acts.

Karen Frisbie and Michelle Reed of Knight Nicastro's Missouri office demonstrated their commitment to community service by volunteering at Harvesters food bank with the Kansas City Paralegal Association.

Noah Garcia of Knight Nicastro achieved a landmark defense verdict for a major railway company in Missouri, setting a precedent in a case where an employee was disciplined for late injury reporting without violating the Federal Railroad Safety Act.

Caleena Svatek: Selected for 2018 Texas Rising Stars for Super Lawyers

Chad Knight and Anthony Nicastro successfully defended BNSF against a $17 million lawsuit by proving the company's rigorous safety training and protocols shielded it from liability in a railcar amputation incident, resulting in a swift jury verdict in their favor.

In just six weeks, Chad Knight led a robust legal defense, overturning claims of a disabling back injury due to poor rail yard conditions by highlighting the company's committed safety culture and maintenance programs, resulting in a favorable jury verdict.

Chad Knight secured a defense verdict in Montana by demonstrating that Great Northern Railroad was vigilant about employee safety, leading to the dismissal of a lawsuit alleging asbestos and creosote exposure from the 1960s to the 1980s.

Chad Knight successfully defended BNSF in a wrongful death lawsuit, proving that historical safety leadership at Great Northern Railroad absolved them from blame in a 1950s asbestos-related employee death.

The Missouri Court of Appeals, Eastern District, upheld a $10 million verdict in Schultz v. Great Plains Trucking, Inc., while divided on the admissibility of evidence regarding a mother's chronic marijuana use during a motor vehicle crash, emphasizing the lack of conclusive proof of impairment and the evolving legal standards surrounding recreational marijuana use.

Missouri's R.S.Mo. 507.060 provides insurers facing multiple claims exceeding policy limits a mechanism through interpleader actions, requiring adherence to deadlines and naming all potential claimants, depositing applicable coverage limits into court within thirty days of interpleader approval, thus protecting insurers from liability beyond contractual limits while still obliging them to defend insured parties.

The U.S. Department of Justice, along with fifteen states and the District of Columbia, filed a lawsuit against Apple Inc. in the U.S. District Court of New Jersey, alleging antitrust violations related to the monopolization of the smartphone market and restricting competition through contractual obligations and access restrictions.

The case of International Ass'n of Fire Fighters Local 4646 v. Village of Oak Brook provided a significant analysis of Illinois Open Meetings Act (OMA) and Freedom of Information Act (FOIA), addressing whether the Village properly satisfied the exceptions for holding a closed session and the subsequent denial of a FOIA request for closed session records.

The Missouri Supreme Court clarified in Harner v. Mercy Hospital Joplin that the ""known third person"" exception to the general rule absolving businesses of duty in protecting invitees from criminal acts applies only when the business knows or has reason to know of a specific individual's presence and dangerousness on the premises, emphasizing the need for foreseeability in determining liability.

In Karlin v. UATP Springfield, LLC, the Missouri Court of Appeals determined that a release signed by a parent or guardian at a trampoline park did not apply to an injury claim arising from a subsequent visit by the minor, highlighting the importance of examining the circumstances and intent surrounding such releases.

A proposed bill in the Kansas Senate aims to facilitate the admission of statements made to translators into evidence by adding an exception to the hearsay rule, potentially streamlining litigation processes, particularly for less common languages.

A proposed Colorado Ballot Initiative, Initiative 2023-24 #150, seeks to eliminate the cap on noneconomic damages for catastrophic injury or wrongful death claims, potentially impacting jury verdicts in personal injury cases statewide.

Colorado requires insurers to provide insured parties with a complete copy of their automobile insurance policy, including endorsements, and failure to comply may result in a statutory penalty of $100 per day, subject to a one-year statute of limitations, as clarified by the Colorado Court of Appeals in Reynolds v. Great Northern Ins. Co., 2023COA77.

The Illinois Appellate Court affirmed the dismissal of a wrongful death lawsuit against a bar and its owner for serving alcohol to an intoxicated employee, emphasizing that the exclusive remedy for such cases is the Dram Shop Act.

The Missouri Court of Appeals in Anslinger v. Christian Hospital Northeast-Northwest clarified that simply acknowledging a hazard's visibility does not automatically deem it "open and obvious" in premises liability cases, cautioning business owners to be vigilant about potential hazards.

In the case Fettkether v. Progressive Nw. Ins. Co., the Federal District Court of Montana upheld a $1.6 million consent judgment on a $25,000 policy limit policy, cautioning insurance companies against outright denial of coverage and emphasizing the prudence of filing a declaratory judgment action under a reservation of rights clause.

Understanding premises liability and comparative negligence laws specific to each state is crucial for business owners to mount effective legal defenses in personal injury cases, where blame allocation and the application of the ""open and obvious"" doctrine can significantly impact outcomes.

Courts typically restrict the disclosure of insurance policies in personal injury cases to prevent jury bias, underscoring the need for insurance companies to navigate state rules governing such disclosures to safeguard their interests.

The Supreme Court's consideration of Counterman v. Colorado may reshape legal standards by scrutinizing the "reasonable person" concept, potentially impacting various areas of law, including business litigation, where this standard is commonly employed.

The Supreme Court's decision in Mallory v. Norfolk Southern Railway Co. underscores the potential for "litigation tourism," allowing plaintiffs to sue companies in states favorable to them, irrespective of where the alleged injury occurred, based on state statutes like Pennsylvania's, thereby prompting businesses to reconsider their legal strategies.

Michigan's recent Supreme Court ruling overturning the "open and obvious danger" doctrine suggests that businesses may face increased exposure to liability in premises liability cases, as the decision shifts the determination of whether a hazard is "open and obvious" from a question of law to a question of fact.

Attending the NARTC Annual Conference provided valuable insights into railroad law and litigation, particularly regarding the strategic use of indemnity agreements to mitigate risk and protect railroad interests by effectively allocating liability among stakeholders and ensuring compliance with legal requirements.

In premises liability cases, understanding what constitutes "reasonable" security measures is crucial for businesses and property owners to mitigate the risk of negligent security claims, which often hinge on factors like foreseeability of concerns, adherence to safety protocols, and efforts to address identified safety risks.

The passage of Senate Bill 398 in July 2023 marks a crucial advancement in road safety in Missouri, particularly targeting distracted driving by prohibiting handheld cell phone use for drivers, which will impact how negligence claims involving cell phone usage are handled in the state.

Construction disputes are becoming increasingly costly, with a recent survey showing a 42% rise in their average cost from 2021 to 2022, emphasizing the need for effective risk management and dispute resolution strategies in the industry.

The Eleventh Circuit Court of Appeals recently ruled in a case that examined the Federal Aviation Administration Authorization Act's (F4A) applicability to negligence claims stemming from cargo theft, ultimately deciding that the F4A shielded the brokerage company from such claims, indicating potential implications for the trucking and insurance sectors.

Aggregate data from 2005 indicates that contract disputes ranked prominently among business owners' legal concerns, with one-third of civil trials involving contract disputes, highlighting the importance of understanding breach of contract claims and exploring options to address them efficiently.

In civil cases, the standard of proof is "the preponderance of the evidence," requiring plaintiffs to show that their arguments are more likely true than not, distinguishing them from criminal trials.

The rise of third-party litigation funding presents challenges for defendants in navigating the justice system effectively and emphasizes the need for sound legal counsel.

If signed into law, House Bill 0219 will amend the Illinois Wrongful Death Act to allow for the recovery of punitive damages in wrongful death actions, with exceptions for certain cases such as medical malpractice and actions against government entities or employees.

Your business defense strategy can incorporate various tactics, including motions to dismiss, requests for summary judgment, discovery procedures, evidence exclusion, venue change requests, and negotiation, depending on the case's facts and goals.

The trucking industry faces ongoing concerns stemming from two significant legal cases from 2022, with implications for worker classification in California and broker liability for negligent drivers.

The recent ruling by the Delaware Court of Chancery establishing corporate officers' duty of oversight is seen as a landmark decision likely to influence future litigation, despite not providing a final judgment on the case's facts.

Insurance companies must ensure that claims align with policy terms, as underscored by a recent Colorado Court of Appeals ruling affirming the validity of an insurance policy exclusion despite the insured driver's arguments to the contrary

The frequency and complexity of data breaches continue to increase, with small and medium-sized businesses being targeted more often, highlighting the critical importance of cybersecurity measures and clear liability frameworks to protect against potential damages.

The Illinois First District Court of Appeals overturned a summary judgment favoring a general contractor in a premises liability case, ruling that evidence suggested the contractor may have caused the subcontractor's injuries, highlighting the importance of factual disputes in determining proximate cause.

The Illinois First District Court of Appeals ruled against a general contractor in a premises liability case brought by an electrician, highlighting the duty of care owed by contractors and exceptions to the "open and obvious" danger doctrine.

Challenging unreliable expert witness testimony, especially through Daubert motions, can significantly impact a legal case, potentially leading to summary judgment in favor of the challenging party and saving time and resources by resolving the case before trial.

Understanding the risks associated with lien-based medical treatment is crucial in personal injury cases, as it can inflate litigation costs and significantly impact the outcome, necessitating effective defense strategies.

Nuclear verdicts, defined as jury verdicts of $10 million or more, have become increasingly common, prompting businesses and insurers to seek better defense strategies against them.

The COVID-19 pandemic exacerbated court backlogs, leading to delays and challenges in resolving cases, with some courts adopting remote technologies at a record pace but facing disparities in access and procedural hurdles.

The Supreme Court clarified that plaintiffs cannot seek recovery for emotional distress through private lawsuits under the Spending Clause, offering guidance on the types of recovery allowed under federally funded programs.

The Tenth Circuit Court of Appeals ruled that the Airline Deregulation Act did not preempt personal injury claims against SkyWest, emphasizing the importance of precise legal arguments in court proceedings.

The Colorado Court of Appeals ruled that under the Colorado Open Records Act, all documents related to government projects, even if held by a third party, are subject to public access, benefiting construction firms and contractors seeking transparency in bidding processes.

" The Colorado Supreme Court clarified that individual insurance adjusters cannot be held liable for unreasonable delays and denials under state law, resolving conflicting opinions on the matter and confirming that such claims can only be pursued against insurers."

The Illinois Supreme Court recently overturned the McHaffie rule, allowing plaintiffs to pursue claims of direct liability against businesses despite admitting vicarious liability for their employees’ actions.

The recent Supreme Court ruling in West Virginia v. EPA not only weakened the EPA's climate change efforts but also introduced and emphasized the major questions doctrine, potentially sparking legal challenges to various government regulations.

The Missouri Supreme Court upheld arbitration agreements in cases involving Bridgecrest Acceptance Corporation, ruling in favor of compelling arbitration despite challenges based on unconscionability and collateral estoppel, and emphasizing the need to consider arbitration agreements within the context of the whole contract.

The Missouri Supreme Court recently upheld the validity of arbitration agreements in cases involving Bridgecrest Acceptance Corporation, reinforcing their importance in contracts and rejecting challenges based on lack of consideration and unconscionability.

The Colorado Court of Appeals overturned a summary judgment in Martinez v. Cast due to unresolved issues regarding causation, the applicable standard of care, and the landowner's actual knowledge, emphasizing that summary judgments are only appropriate when there are no disputes over material facts.

The Colorado Court of Appeals reversed a summary judgment in a premises liability case involving injuries to children during a fire, highlighting that questions of causation should be determined by a jury, not by the trial court.

The United States Court of Appeals for the Second Circuit established a new standard for reinsurance limits, overturning previous precedents such as Bellefonte v. Aetna and Unigard v. North River Insurance, ruling that reinsurers should not presume a cap on their exposure to defense costs, setting a new precedent for all reinsurance claims in the Second Circuit and potentially influencing courts beyond.

The Supreme Court's evenly split decision affirmed the Seventh District's ruling in LeDure v. Union Pacific, clarifying that stopped trains are not considered "in use" under federal labor law, consequently upholding the dismissal of the case.

The Circuit Court of Cook County vacated a controversial HIPAA Protective Order just five months after its implementation, which had imposed significant hurdles for defendants in bodily injury cases, following a recent Illinois Supreme Court decision.

The Court of Appeals for the Western District of Missouri ruled that an insurer lacked standing to appeal because it filed a motion to intervene after the judgment was entered, emphasizing the importance of intervening before judgment in personal injury cases.

The Illinois First Appellate Circuit reversed a trial court's ruling that State Farm did not have to defend a case, finding that State Farm breached its duty to defend, leading to Nationwide being entitled to indemnification for the settlement.

The Supreme Court affirmed the summary judgment favoring Union Pacific Railroad in Ledure v. Union Pac. R.R. Co., addressing the inapplicability of the Locomotive Inspection Act due to the locomotive not being ""in use"" at the time of injury and determining the absence of foreseeable injury under the Federal Employers’ Liability Act, with subsequent appellate courts upholding the ruling based on these grounds.

Ensuring up-to-date address information for service of process is crucial, as demonstrated by a recent Missouri Court of Appeals decision affirming a default judgment due to a defendant's failure to respond to legal proceedings and maintain accurate mailing details, emphasizing the importance for insurers to promptly update address records with both regulatory agencies and the USPS.

Railroad employers face significant liability under the Federal Employers' Liability Act (FELA), covering various injuries and damages for transportation workers, but must navigate comparative negligence laws and adhere to strict filing deadlines to mitigate risks effectively.

Missouri Court of Appeals in Brewer v. State Farm addressed insurance policy appraisal, clarifying it's suitable for disputes over damages but not for disagreements pertaining to insurer liability or coverage, setting a significant precedent.

The 2021 amendments to Montana's Wrongful Discharge of Employment Act extended the default probationary period to one year, allowed longer probationary periods, adjusted termination procedures, and reduced the time to serve a claim on an employer to six months.

The Illinois Appellate Court reaffirmed that there is no standalone tort of bad faith for first-party insurance losses, clarifying that a Section 155 claim cannot exist separately from a breach of contract case, as demonstrated in Kroutil v. State Farm, where the court rejected the argument that insurer conduct could give rise to an independent tort action, emphasizing Section 155 as the recognized extracontractual remedy.

Navigating the complex world of insurance coverage for your business involves considering factors like size, nature of operations, and the necessity of general liability, ensuring you select the best insurer to safeguard your business's longevity.

Erik H. Nelson secured a dismissal for his client by arguing that the lawsuit was barred by res judicata, as the plaintiff had previously filed claims against the client's company, resulting in a dismissal, and subsequently filed a second lawsuit against the co-owner, which was dismissed with prejudice by the Court.

Dashcams can be vital for trucking companies facing accident-related lawsuits, providing crucial evidence to support their defense or potentially leading to higher settlements if footage reveals negligence.

Identifying irregularities in medical records, such as inconsistent testing, delayed treatment, or mismatched billing codes, is crucial in civil litigation, prompting potential expert peer review for resolution.

Operating a transportation business can be lucrative, but it also entails potential risks and costly lawsuits, prompting businesses to explore defense options and settlement strategies within the framework of federal transportation laws to mitigate legal consequences effectively.

" Recent violent storms in the Midwest have raised concerns about the durability of tilt-wall buildings, which have faced collapse or partial collapse due to the lifting of roof structures during tornadoes, despite being a widely used construction method known for its efficiency and speed."

In a groundbreaking decision, the Illinois Supreme Court's modification of the HIPAA Qualified Protective Order ushers in a new era of privacy protections, significantly impacting litigation strategies in Cook County, with defense counsel now facing formidable obstacles in acquiring and utilizing medical records, setting the stage for a transformative shift in the discovery process.

Small business owners must prioritize maintaining a safe shopping environment to mitigate the risk of premises liability lawsuits, which often stem from negligence claims, emphasizing the importance of proactive safety measures to protect both customers and the business itself.

The Illinois Supreme Court ruled that an insurer cannot depreciate labor costs in determining the "actual cash value" of a covered loss when the homeowner's policy does not define that term, favoring the insured's interpretation and construing the policy in their favor due to ambiguity.

The Eighth Circuit Court of Appeals upheld the "Per Occurrence" limits of liability for underinsured motorist coverage in Missouri, reversing the Western District of Missouri's decision and affirming that the unambiguous terms of the insurance policy limited the total recovery for three injured insureds to $1,000,000, clarifying the interpretation of common limits of insurance provisions.

The implementation of the "Missouri Statutory Thresholds for Settlements Involving Minors Act" on August 28, 2021, simplifies minor settlements in Missouri, eliminating the need for court approval if a minor's settlement is less than $35,000, provided their legal custodian executes an affidavit attesting to the settlement's adequacy and necessity.

The Missouri Court of Appeals' ruling in State ex rel. Kilroy Was Here, LLC v. Moriarty highlights the importance of separating claims handling from legal advice, as communications between insurers and outside counsel for non-legal matters are not privileged, emphasizing the necessity of clear boundaries to maintain attorney-client privilege.

The amendments to Missouri's Valued Policy and Partial Loss Statutes, effective August 28, 2021, streamline procedures for partial and total losses in fire insurance policies, granting insurers greater control over repair or replacement decisions and clarifying coverage limitations, although potential increases in total loss claims and expanded applicability may lead to heightened litigation over loss definitions.

The recent amendments to Missouri's Section 537.065 and Section 435.415 aim to close loopholes exploited by claimants, significantly altering insurance dispute procedures and potentially reshaping litigation dynamics, offering insurers clearer rights and opportunities for meaningful participation while limiting bad faith setups and private arbitration practices.

" Following opioid lawsuits, Purdue Pharma's bankruptcy proceedings led Judge Drain to order arbitration for insurance coverage disputes, underscoring the potential benefits of arbitration in complex cases involving pharmaceutical companies seeking indemnity from insurers amidst ongoing opioid litigation."

In Kansas, leaving a vehicle running unattended can lead to a negligence per se claim if the vehicle is stolen and subsequently involved in an accident, although past cases indicate that negligence may not apply if there was no anticipation of criminal activity, with potential implications for future cases involving vehicle theft and keyless ignition systems.

The 8th Circuit's landmark ruling in Oral Surgeons, P.C. v. Cincinnati Insurance Company sets a precedent rejecting business interruption claims related to COVID-19, highlighting the necessity for physical property damage as a requirement for coverage under insurance policies, likely impacting similar cases nationwide.

In private companies, minority shareholders, despite holding smaller investments, expect prudent management of their interests, often leading to disputes over issues such as dividends, perceived inequities in effort, or allegations of fraud, emphasizing the importance of clear shareholder agreements for conflict resolution.

Missouri's Eastern District Court of Appeals clarified that settlement offers made under specific statutes weren't irrevocable, emphasizing that counteroffers constitute rejection under contract law, with statutes requiring offers to remain open for 90 days but still entitling claimants to interest if rejected within that period, affirming insurers' adherence to contract law in settlement negotiations.

A new Illinois law effective July 1st imposes a 6% prejudgment interest on personal injury and wrongful death actions, beginning from the date of injury notice or written notice, applying to various damages and subject to limitations based on settlement offers.

Missouri’s Eastern District Court of Appeals upheld an owned-vehicle exclusion, limiting Uninsured Motorist Coverage to the statutory minimum for non-occupied vehicles, confirming that public policy considerations are constrained to the Motor Vehicle Financial Responsibility Law requirements and UM coverage can be limited by clear, unambiguous policy language.

Jonathan Morrow and another attorney from Knight Nicastro MacKay, LLC delved into the intricacies of first-party coverage litigation, particularly focusing on the admissibility of insurer's post-suit settlement negotiations and claim file materials as evidence of bad faith or refusal to pay, emphasizing the evolving role of claim handlers and the significance of ongoing awareness in this legal realm.

Property owners should be vigilant in identifying and repairing distresses such as disintegration, cracking, and distortion in asphalt parking lots to mitigate tripping hazards and prevent compounding issues, as outlined in the article.

Mallory Sanzeri of Knight Nicastro MacKay, LLC addresses the challenges of conducting jury trials during the pandemic, advocating for the preservation of in-person courtroom proceedings to maintain the cornerstone of the justice system, as featured in YLDNews.

Knight Nicastro MacKay, LLC lawyers interviewed Illinois Supreme Court Justice David K. Overstreet, discussing his new role, reflections on his career path, and insights into the evolution of virtual legal practices, primarily driven by COVID-19, as featured in YLDNews.

To prevent premises liability lawsuits as a business owner, prioritize regular property inspections, especially considering changing weather patterns, seeking professional help periodically, and involving employees in identifying hazards to foster a safety-oriented culture.

Richard M. Tomich, an attorney at Knight Nicastro MacKay, LLC, addresses the challenges of defending businesses against COVID-19 exposure claims in a recent article for For The Defense magazine, emphasizing the need for navigating complex regulations and emerging state laws amidst economic strain.

Business bankruptcy triggers an automatic stay on creditor collections, but exceptions exist. Creditors must seek court approval to continue collections, filing a proof of claim based on the debtor's bankruptcy type—Chapter 7 for liquidation or Chapter 11 for restructuring. Reclaiming goods or renegotiating lease agreements with debtors are potential options during bankruptcy proceedings.

Creating and enforcing business contracts is vital for preventing costly disputes. Scenario analysis helps anticipate potential issues and establish parameters in contracts for effective handling. Open communication fosters long-lasting relationships and ensures mutual understanding of contractual obligations, preserving reputations and competitive edge.

The transportation industry faces complex liability issues involving multiple entities in each scenario. The Carmack Amendment, established in 1935, provides uniform rules for interstate shipments, assigning liability to carriers for cargo damage during transport, with exceptions such as acts of nature or shipper negligence.

Prepare for potential lawsuits as a small business owner by understanding personal liability, exploring insurance options, and establishing relationships with professionals like lawyers and accountants to navigate legal challenges effectively.

Business owners face potential liability for customer injuries on their premises, despite a decrease in personal injury cases. Hiring on-site security and ensuring sufficient insurance coverage are crucial steps to prevent claims and protect against liabilities. Security staff provide better optics and are often insured, while comprehensive insurance coverage safeguards against unexpected expenses, emphasizing the importance of proactive risk management strategies.

Construction company owners facing false claims of property damage need to promptly gather evidence to defend their business. Whether motivated by financial gain, revenge, or misunderstanding, such allegations can lead to serious consequences, highlighting the importance of thorough preparation and strong defense strategies in court.

Business owners must proactively inspect their premises, warn of hazards, and promptly address any issues to avoid potential liability for injuries sustained by employees and guests. Neglecting these responsibilities could lead to costly lawsuits and reputational damage.