On March 21, 2024, the U.S. Department of Justice, joined by fifteen states and the District of Columbia, filed suit against Apple Inc. in the U.S. District Court of New Jersey. In their six-count Complaint, the plaintiffs allege that Apple violated antitrust laws...
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Entering Executive Session and Attorney-Client Privilege During Executive Session – Two Key Things You Must Know
A recent case presented an interesting analysis of the Illinois Open Meetings Act (“OMA”) and Freedom of Information Act (“FOIA”). In International Ass’n of Fire Fighters Local 4646 v. Village of Oak Brook., 2024 IL App (3rd) 220466 in December 2020, the Village of...
Missouri Supreme Court finds that knowledge of a known third-party assailant’s past crimes does not in and of itself impose a duty to protect invitees
The Missouri Supreme Court has clarified the evidence necessary to establish the “known third person” exception to the general rule in Missouri that businesses have no duty to protect invitees from the criminal acts of third person because such activities are rarely...
In Missouri, requiring a new signed Release at each visit to an attraction may limit the applicability of the Release to only the day of the Release
Amusement centers and parks are increasingly requiring visitors to sign liability waivers and releases before entering and using their facilities. Often, a patron must sign a new release each time they visit. But what happens if a patron gets injured during one visit...
Kansas Considering Changes to Hearsay Exclusions
If passed, a proposed bill before the Kansas Senate will make it easier for litigants to admit statements made to translators into evidence. The current version of the bill adds an exception to the rule against hearsay, which reads: (ff) Language conduit rule. A...
Colorado Ballot Initiative To Remove Non-Economic Damages Cap
A recently submitted Colorado Ballot Proposal, Initiative 2023-24 #150: Damages Involving Catastrophic Injury or Wrongful Death, requests an amendment to C.R.S. § 13-21-102.7 to remove the noneconomic damages cap for any claim involving catastrophic injury, including...
Jon Morrow Elevated to Board Member/Co-Owner of KNM
KNM would like to congratulate Jon Morrow, who was recently elevated to board member/co-owner. Jon is a valuable member of the KNM team and a trusted asset to his clients and colleagues. Over the past four years, Jon has grown the St. Louis office exponentially and...
In Colorado, Daily Statutory “Damages” against Insurer are a “Statutory Penalty” Subject to One-Year Statute of Limitations
Since 2020, Colorado has required insurers issuing “a commercial automobile or personal automobile policy of insurance for delivery in this state shall provide to the insured party a copy of the complete policy of insurance, including any endorsements.” C.R.S §...
Dram Shop Act A Shell For Bar & Owner
Under Illinois common law, there is no cause of action for injuries arising from the sale or gift of alcoholic beverages. Charles v. Seigfried, 165 Ill. 2d 482, 486 (1995). The Illinois legislature enacted an exception to that rule in codifying the Dram Shop Act,...
Mind Your Mats: Plaintiff’s testimony did not prove property condition was “open obvious as a matter of law”
The Missouri Court of Appeals, in Anslinger v. Christian Hospital Northeast-Northwest, No. ED111387, 2024 Mo. App. LEXIS 32, (Mo. App. E.D. Jan 23, 2024), recently released an opinion interpreting the open and obvious hazard defense. The defendant argued that the...