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Navigate the legal landscape with our blog: concise legal advice, industry trends, and key updates—all in one place.
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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
March 4, 2024
June 25, 2024
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.
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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
February 23, 2024
June 25, 2024
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.
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Kansas Considering Changes to Hearsay Exclusions
February 21, 2024
June 25, 2024
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.
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Colorado Ballot Initiative To Remove Non-Economic Damages Cap
February 15, 2024
June 25, 2024
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.
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Firm News
Jon Morrow Elevated to Board Member/Co-Owner of KNM
February 9, 2024
June 25, 2024
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.
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In Colorado, Daily Statutory “Damages” against Insurer are a “Statutory Penalty” Subject to One-Year Statute of Limitations
February 8, 2024
May 23, 2024
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.
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Dram Shop Act A Shell For Bar & Owner
February 2, 2024
June 25, 2024
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.
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Mind Your Mats: Plaintiff’s testimony did not prove property condition was “open obvious as a matter of law”
January 26, 2024
June 25, 2024
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.
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Insights
Defend, Define, or Deal with the Consequences.
January 19, 2024
June 25, 2024
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.
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Firm News
Six Knight Nicastro MacKay Attorneys Selected As Super Lawyers
November 16, 2023
May 23, 2024
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.
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Why Should Business Owners Care About Comparative Negligence?
November 14, 2023
May 23, 2024
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.
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Insights
How Can the Silent Partners in Injury Cases Find Justice?
November 2, 2023
May 23, 2024
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.
Featured
Insights
Who Is a Reasonable Person, And Why Should You Care?
September 19, 2023
May 23, 2024
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.
Featured
Insights
The Supreme Court Lays New Track for Litigation Tourism
September 6, 2023
May 23, 2024
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.
Featured
Insights
What Does a Recent Ruling Mean for Michigan Property Owners?
August 31, 2023
May 23, 2024
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.
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Insights
Department of Justice and 15 States Sue Apple Over iPhone Monopoly
March 26, 2024
June 25, 2024
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.
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Missouri Rules for Interpleader
March 29, 2024
June 25, 2024
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.
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Insights
Missouri Eastern District Split Over Evidence of Habitual Marijuana Use in Motor Vehicle Accidents
April 8, 2024
June 25, 2024
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.
Featured
Firm News
Jon Morrow Elevated to Board Member/Co-Owner of KNM
February 9, 2024
June 25, 2024
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.
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Firm News
Knight Nicastro Success: Estate of Richard Hawk v. BNSF
May 23, 2024
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.
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Firm News
Knight Nicastro Success: Kenneth Daley vs. BNSF
May 23, 2024
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.
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Knight Nicastro Success: Anthony Pantoja v. BNSF
May 23, 2024
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.
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Knight Nicastro Success: Jeffrey Helmink v. BNSF
May 23, 2024
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.
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Firm News
Caleena Svatek: Selected for 2018 Texas Rising Stars for Super Lawyers
May 23, 2024
Caleena Svatek: Selected for 2018 Texas Rising Stars for Super Lawyers
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Firm News
Knight Nicastro Achieves Unprecedented FRSA Defense Verdict in Western Missouri
May 23, 2024
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.
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Firm News
Karen Frisbie and Michelle Reed Volunteer at Local Food Bank
May 23, 2024
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.
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Firm News
Attorney Anthony Nicastro Scores Contractual Indemnification Victory in Montana Federal Court
May 23, 2024
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.
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Former Colorado Court of Appeals Clerk Accepts Associate Attorney Position
May 23, 2024
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.
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Noah Garcia: Recognized by Kansas City Metropolitan Bar Foundation’s “Military Matters Pro Bono Spotlight”
May 23, 2024
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.
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Firm News
Noah Garcia Elected to LAKC-YLS Board of Directors
May 23, 2024
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!
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Firm News
Adam Detsky Comments on Lawsuit Over Missouri Duck Boat Accident
May 23, 2024
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.
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Knight Nicastro Successfully Defends BNSF Against Asbestos Claims
May 23, 2024
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.
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Firm News
Knight Nicastro Adds to Its Insurance Defense Group
May 23, 2024
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.
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Firm News
Knight Nicastro Collects Most Teddy Bears for Children in Need
May 23, 2024
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.
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Knight Nicastro Recognized as Donor for KCPA’s Big Brothers/Big Sisters Benefit
May 23, 2024
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.
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Kansas Court of Appeals Reverses District Court Decision in Favor of Knight Nicastro Client BNSF
May 23, 2024
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.
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Noah Garcia: Selected for 2018 Missouri & Kansas Rising Stars for Super Lawyers
May 23, 2024
" 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."
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Knight Nicastro Adds Three Attorneys in Montana
May 23, 2024
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.
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Knight Nicastro Investigates Asbestos Containing Materials at University of Montana
May 23, 2024
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.
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Knight Nicastro Comments on Asbestos at University of Montana
May 23, 2024
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.
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Knight Nicastro Expands into Illinois, Welcomes Five Attorneys
May 23, 2024
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.
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Knight Nicastro Participates in the 2019 Food from the Bar Challenge
May 23, 2024
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.
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Extending Knight Nicastro’s Firm Name Showcases Growth and Success
May 23, 2024
" 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."
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Charlotte Johnston Joins Knight Nicastro MacKay, LLC in Colorado
May 23, 2024
Knight Nicastro MacKay, LLC, recently added an attorney to its growing Colorado practice, Charlotte Johnston, who joined the Boulder office.
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KNM Obtains Dismissal of Cancer Lawsuit Against Class 1 Railroad in Washington
May 23, 2024
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.
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Knight Nicastro MacKay, LLC Secures Another Victory
January 26, 2021
May 23, 2024
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.
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Knight Nicastro MacKay, LLC Wins Motion to Dismiss in Dog Bite Case
May 14, 2021
May 23, 2024
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.
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KNM Secures Major Win from Eastern District on COVID-19 Business Interruption Claim
August 27, 2021
May 23, 2024
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.
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KNM Attorneys Named Among 2022 ‘Best Lawyers in America’
September 8, 2021
May 23, 2024
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.
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KNM Secures Defense Verdict for Class 1 Railroad in Toxic Exposure Cancer Lawsuit
September 20, 2021
May 23, 2024
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.
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KNM Team Secures Defense Verdict in Wrongful Death Case
November 4, 2021
May 23, 2024
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.
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Knight Nicastro MacKay, LLC Secures Early Dismissal in Asbestos Case
December 20, 2021
May 23, 2024
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.
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KNM’s Featured in Illinois YLDNews
January 14, 2022
May 23, 2024
" 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."
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KNM Secures Summary Judgment Victory for Class 1 Railroad
February 14, 2022
May 23, 2024
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.
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KNM Secures Early Dismissal for Class I Railroad
March 1, 2022
May 23, 2024
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.
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KNM Attorneys Secure Arbitration Win
March 25, 2022
May 23, 2024
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.
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KNM Secures Directed Verdict in Kansas
June 5, 2022
May 23, 2024
" 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."
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KNM Secures Summary Judgment
June 22, 2022
May 23, 2024
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.
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KNM Secures Partial Summary Judgment
July 17, 2022
May 23, 2024
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.
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KNM Secures Partial Summary Judgment
August 16, 2022
May 23, 2024
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.
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Four Knight Nicastro MacKay, LLC Attorneys Recognized by Best Lawyers
August 24, 2022
May 23, 2024
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.
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KNM Team Secures Defense Verdict in District of Kansas
October 25, 2022
May 23, 2024
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.
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KNM Team Secures Summary Judgment and Daubert Win
November 9, 2022
May 23, 2024
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.
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Four Knight Nicastro MacKay, LLC Attorneys Honored As Super Lawyers
November 17, 2022
May 23, 2024
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.
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KNM Announces 2023 Promotions
January 19, 2023
May 23, 2024
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.
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Greenfield Receives Statewide Award
August 9, 2023
May 23, 2024
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.
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Five KNM Attorneys Earn Spots on 2024 Best Lawyers Lists
August 17, 2023
May 23, 2024
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.
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Six Knight Nicastro MacKay Attorneys Selected As Super Lawyers
November 16, 2023
May 23, 2024
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.
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Insights
Missouri Eastern District Split Over Evidence of Habitual Marijuana Use in Motor Vehicle Accidents
April 8, 2024
June 25, 2024
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.
Featured
Insights
Missouri Rules for Interpleader
March 29, 2024
June 25, 2024
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.
Featured
Insights
Department of Justice and 15 States Sue Apple Over iPhone Monopoly
March 26, 2024
June 25, 2024
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.
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Entering Executive Session and Attorney-Client Privilege During Executive Session
March 22, 2024
June 25, 2024
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.
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Insights
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
March 4, 2024
June 25, 2024
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.
Featured
Insights
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
February 23, 2024
June 25, 2024
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.
Featured
Insights
Kansas Considering Changes to Hearsay Exclusions
February 21, 2024
June 25, 2024
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.
Featured
Insights
Colorado Ballot Initiative To Remove Non-Economic Damages Cap
February 15, 2024
June 25, 2024
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.
Featured
Insights
In Colorado, Daily Statutory “Damages” against Insurer are a “Statutory Penalty” Subject to One-Year Statute of Limitations
February 8, 2024
May 23, 2024
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.
Featured
Insights
Dram Shop Act A Shell For Bar & Owner
February 2, 2024
June 25, 2024
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.
Featured
Insights
Mind Your Mats: Plaintiff’s testimony did not prove property condition was “open obvious as a matter of law”
January 26, 2024
June 25, 2024
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.
Featured
Insights
Defend, Define, or Deal with the Consequences.
January 19, 2024
June 25, 2024
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.
Featured
Insights
Why Should Business Owners Care About Comparative Negligence?
November 14, 2023
May 23, 2024
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.
Featured
Insights
How Can the Silent Partners in Injury Cases Find Justice?
November 2, 2023
May 23, 2024
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.
Featured
Insights
Who Is a Reasonable Person, And Why Should You Care?
September 19, 2023
May 23, 2024
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.
Featured
Insights
The Supreme Court Lays New Track for Litigation Tourism
September 6, 2023
May 23, 2024
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.
Featured
Insights
What Does a Recent Ruling Mean for Michigan Property Owners?
August 31, 2023
May 23, 2024
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.
Featured
Insights
Attending the NARTC Annual Conference in Boulder, Colorado
August 25, 2023
May 23, 2024
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.
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What, Exactly, Is “Negligent” Security?
August 4, 2023
May 23, 2024
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.
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Missouri Bans Handheld Cell Phone Use
July 18, 2023
May 23, 2024
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.
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The Average Cost of Construction Disputes Spiked Sharply in 2022
July 12, 2023
May 23, 2024
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.
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Here’s Why A Florida Trucking Case Could Echo Across The Nation
June 30, 2023
May 23, 2024
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.
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How Common Are Breach Of Contract Disputes?
June 26, 2023
May 23, 2024
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.
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What Is The Preponderance Of The Evidence?
June 20, 2023
May 23, 2024
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.
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Dark Money: A Look at Third-Party Litigation Financing
June 15, 2023
May 23, 2024
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.
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Illinois Passes Bill to Allow Punitive Damages in Wrongful Death Lawsuits
June 5, 2023
May 23, 2024
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.
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Winning Early: 6 Common Pre-Trial Options in Business Litigation
March 1, 2023
May 23, 2024
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.
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These Were the Two Big Trucking Cases from 2022
February 13, 2023
May 23, 2024
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.
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Are Company Officers Responsible for Maintaining Oversight?
January 30, 2023
May 23, 2024
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.
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Colorado Court of Appeals Reinforces Key Insurance Exception
January 18, 2023
May 23, 2024
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
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Protecting the Business from Data Breaches
January 7, 2023
May 23, 2024
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.
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A Look at Proximate Cause in Premises Liability Cases
December 19, 2022
May 23, 2024
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.
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What Is a General Contractor’s Role in Premises Liability?
December 16, 2022
May 23, 2024
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.
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What is a Daubert win?
November 15, 2022
May 23, 2024
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.
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Lien-Based Medical Treatment: How Much Should Healthcare Cost?
October 25, 2022
May 23, 2024
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.
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Are Nuclear Verdicts The New Normal?
October 20, 2022
May 23, 2024
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.
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How Backed Up Are The Courts?
October 7, 2022
May 23, 2024
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.
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Supreme Court Quietly Dismisses Certain Emotional Distress Claims
October 3, 2022
May 23, 2024
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.
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What can airlines learn from the case of Day v. SkyWest?
September 20, 2022
May 23, 2024
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.
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Colorado limits the ability to conceal government contracts
September 18, 2022
May 23, 2024
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.
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Colorado Supreme Court limits adjusters’ liability for delays and denials
September 15, 2022
May 23, 2024
" 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."
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Can employers face both direct and vicarious liability?
September 1, 2022
May 23, 2024
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.
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What is the Major Questions Doctrine?
August 3, 2022
May 23, 2024
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.
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Missouri Supreme Court argues “similar” cases are not “identical”
July 29, 2022
May 23, 2024
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.
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Missouri Supreme Court rules on arbitration agreements
July 22, 2022
May 23, 2024
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.
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Court of Appeals Asks What Landowners Really Know
June 30, 2022
May 23, 2024
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.
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Colorado Looks at the Role of Causation in Premises Liability
June 30, 2022
May 23, 2024
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.
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A recent opinion changes the rules for reinsurance
June 24, 2022
May 23, 2024
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.
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Supreme Court Rules That Stopped Trains Are Not “In Use”
June 22, 2022
May 23, 2024
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.
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Cook County Court Backpedals on Recent HIPAA Protective Order
June 13, 2022
May 23, 2024
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.
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Western District of Missouri holds Insurer Lacks Standing to Appeal Failure to Rule Motion to Intervene After Entry of Judgment
June 7, 2022
May 23, 2024
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.
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Illinois First Appellate Circuit Holds Duty to Defend Exists Where Underlying Claim Potentially Falls Within CGL Coverage
May 25, 2022
May 23, 2024
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.
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Supreme Court of the United States Affirms Summary Judgment Granted to Railroad in Illinois
May 11, 2022
May 23, 2024
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.
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Keep Your (or Your Agent’s) Mailing Address Up-to-Date, or You May Get A Big Surprise
May 4, 2022
May 23, 2024
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.
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Do you understand your rights as a railroad employer?
April 27, 2022
May 23, 2024
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.
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Missouri Court Clarifies Role of Appraisal Provisions
April 25, 2022
May 23, 2024
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.
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Recent Changes To Montana’s Wrongful Discharge Act
March 15, 2022
May 23, 2024
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.
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Illinois Court Reaffirms: No Tort of Bad Faith Under Illinois Law
March 14, 2022
May 23, 2024
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.
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3 Things to Consider When Choosing Insurance for Your Business
February 28, 2022
May 23, 2024
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.
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Court Grants Motion to Dismiss
February 4, 2022
May 23, 2024
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.
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What role do dashcams play in a trucking company’s defense?
January 27, 2022
May 23, 2024
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.
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Spotting Irregularities in Treatment and Billing Records
January 25, 2022
May 23, 2024
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.
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Federal transportation laws may give employers ready defenses
December 31, 2021
May 23, 2024
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.
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Tilt-Wall Construction Gets a Second Look Following Recent Midwest Storms
December 30, 2021
May 23, 2024
" 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."
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Cook County’s New Qualified Protective Order Imposes New Hurdles for Defendants
November 29, 2021
May 23, 2024
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.
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How do savvy shop owners avoid slip-and-fall lawsuits?
October 14, 2021
May 23, 2024
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.
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Illinois Supreme Court Holds Insurer Cannot Depreciate Labor Costs
September 29, 2021
May 23, 2024
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.
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Eighth Circuit Hands Welcome Win to UIM Insurers, Reversing Western District’s Decision on “Per Occurrence” Limits of Insurance Provisions
September 27, 2021
May 23, 2024
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.
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A Major Change for Minor Settlements
September 21, 2021
May 23, 2024
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.
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Missouri Court Revisits The Privileged Relationship Between An Insurance Company And Its Outside Counsel
September 16, 2021
May 23, 2024
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.
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Fixing What’s Broken and Breaking What’s Fixed: Significant Changes to Statutes Governing Total and Partial Losses Could Impact Missouri Claims Moving Forward
September 10, 2021
May 23, 2024
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.
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Let’s Try This Again: New Law Attempts to Fix Loopholes in Missouri Bad Faith Law
September 10, 2021
May 23, 2024
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.
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Bankruptcy Judge Sides with Insurance Companies Regarding Arbitration of Coverage Issues
August 20, 2021
May 23, 2024
" 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."
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Kansas Courts Hold Intervening Criminal Acts Relieve Insured of Liability in Auto Theft Cases Despite Running Vehicle Violating Statute
August 13, 2021
May 23, 2024
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.
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In the first federal appellate decision on COVID-19 Business Interruption claims, the Court finds no coverage for Covid-19 business losses arising from Public Health shutdowns in Iowa
July 30, 2021
May 23, 2024
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.
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How Shareholder Disputes May Arise
July 14, 2021
May 23, 2024
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.
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Missouri Court Holds Settlement Communications Governed by Contract Case Law
July 7, 2021
May 23, 2024
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.
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Illinois Law Update: Prejudgment Interest Now Available on Personal Injury and Wrongful Death Actions
June 30, 2021
May 23, 2024
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.
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Owned-Vehicle Exclusion Upheld to Limit Coverage to MVFRL Minimum
June 22, 2021
May 23, 2024
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.
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The Issues Surrounding Settlement Negotiations
June 21, 2021
May 23, 2024
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.
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What Are Asphalt Distresses?
April 12, 2021
May 23, 2024
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.
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Zooming in on the Possibility of COVID-Era, Remote Jury Trials
February 11, 2021
May 23, 2024
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.
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Insight from an Experienced Attorney and New State Supreme Court Justice
February 10, 2021
May 23, 2024
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.
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Savvy Business Owners Have an Inspection Strategy
February 3, 2021
May 23, 2024
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.
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The 2020 Plight for Businesses: Profits Are Down While Lawsuits Are on the Rise
January 20, 2021
May 23, 2024
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.
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What Are Some Rights as a Creditor to a Business in Bankruptcy?
November 27, 2020
May 23, 2024
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.
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How Does Scenario Analysis Prevent Contract Disputes?
October 21, 2020
May 23, 2024
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.
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What Is the Carmack Amendment?
October 8, 2020
May 23, 2024
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.
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Will Your Small Business Survive If Faced With a Lawsuit?
September 28, 2020
May 23, 2024
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.
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How Can You Protect Yourself From Premises Liability Disputes?
September 17, 2020
May 23, 2024
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.
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False Allegations of Property Damage and Construction Litigation
September 17, 2020
May 23, 2024
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.
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What Premises Liability Mistakes Lead to Lawsuits?
August 29, 2020
May 23, 2024
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.
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What Are Some Common Defenses Against a Breach of Contract Claim?
May 23, 2024
A breach of contract occurs when a party fails to fulfill its agreed obligations. Defenses include fraud, undue influence, duress, and mutual errors in the contract's terms. If facing a breach accusation, it's crucial to consult an attorney to determine the appropriate defense.