Charmaine Little News
Medical implant defect claim case continues without negligence count
ST. LOUIS – A federal judge dismissed a gross negligence count, but denied the rest of Boston Scientific Corp.’s motion to dismiss a lawsuit against it over a medical implant.
Judge green lights class in overtime pay claim against employers
ST. LOUIS – A group of workers suing employers that shared a facility for not paying overtime rates for overtime hours gained conditional class certification with a federal judge's ruling on April 16.
Safeco Insurance Co. granted leave to disclose expert witness after initial deadline
A federal judge allowed Safeco Insurance Co. of Illinois with leave to file a disclosure for its expert witness beyond the initial deadline in a motorcycle industry suit.
Fraud claims in failed franchise fall short in federal court
A federal judge gave a New Jersey man until April 17 leave to amend his complaint that alleges Medinexo USA and three of its top executives misled him about finances for a franchise investment.
Proposed class action accusing company of overpricing women's razors will stay in federal court
A class action against a company accused of charging more for razors targeted for women than ones for men will not go back to a Missouri court, a federal judge ruled on March 31.
Missouri courts have personal jurisdiction in freight broker's lawsuit against food producer, judge rules
An Eastern District of Missouri judge denied a food manufacturer company’s motion to dismiss a breach of contract claim against it on March 2.
Delaware court determines which documents should be produced to plaintiff in ongoing Oracle litigation
WILMINGTON, Del. (Legal Newsline) – The Firemen’s Retirement System of St. Louis, a stockholder in Oracle Corp., was granted in part and denied in part its motion in its lawsuit against Oracle and several of its officers amid claims that it organized an acquisition that would leave the corporation at a disadvantage.
Prisoner suing Corizon Health Services over alleged civil rights violations will have to provide more info in amended complaint, judge orders
ST. LOUIS – On Aug. 22, Judge Rodney Sippel of the U.S. District Court for the Eastern District of Missouri’s Southeastern Division granted a prisoner's motion to amend his case over alleged civil rights violations.
Judge denies move to dismiss hostile work environment claim filed by woman who alleged worker with Tourette's syndrome used racial slur
ST. LOUIS – A district federal court in Missouri has denied to dismiss claims of hostile work environment in a suit filed by an employee who alleged co-worker with Tourette’s syndrome repeatedly called her a racial slur.
NLRB gives employers permission to enforce arbitration agreements and discipline workers who refuse to sign them
JEFFERSON CITY – A recent decision by the National Labor Relations Board that employers can discipline employees who refuse to sign class waivers in response to class claims will be "welcome news" to employers in the state, a civil justice reform advocate says.
Judge: Loan servicer Navient can't force borrower to arbitration in excessive interest rate suit
JEFFERSON CITY – A student who sued student loan servicer Navient won’t have to go through arbitration in a suit over allegations that his student loan interest amount was higher than what was stated in loan documents.
Chemical poison case transferred to Kansas court after Missouri court rules it doesn't have personal jurisdiction
JEFFERSON CITY – A federal district court in Missouri determined it did not have personal jurisdiction to rule on a man’s claims that he suffered acute chemical poisoning.
Missouri Civil Justice Reform Coalition will focus on punitive damages cap, statute of repose for 2020
JEFFERSON CITY – Legal reform advocates are lining up in support of capping punitive damages in the next legislative session.
PetSmart's motion to dismiss Nestle Purina's trademark suit over cat litter packaging denied
CAPE GIRARDEAU – A trademark dispute between two pet care companies over kitty litter packaging ended with the U.S. District Court for the Eastern District of Missouri’s Southeastern Division denying defendant PetSmart Inc.’s motion to dismiss the suit.
Court rules that Jordan is best place for wrongful death case after 6-year-old dies in Hardee's restaurant accident
ST. LOUIS – A federal court has granted dismissal to the U.S.-based franchiser and parent corporation of Hardee's restaurants in a case filed by the parents of a boy who was fatally electrocuted at a restaurant overseas.
Federal court denies St. Louis' motion to dismiss suit against it filed by journalist arrested while covering Stockley protest
ST. LOUIS – The city of St. Louis and a handful of its police officers failed to convince the U.S. District Court for the Eastern District of Missouri’s Eastern Division to dismiss a case against them filed by an award-winning journalist who was arrested while covering a protest.
Claims against driver remanded to St. Louis County court in suit over leaky breast implants and auto accident
ST. LOUIS – A portion of a suit revolving around allegedly defective breast implants and an auto accident has been remanded back to state court by a federal judge.
Judge denies to dismiss flight attendant's racial discrimination suit against Trans States Airlines
ST. LOUIS – A federal judge has denied an airline's motion to dismiss a female African-American flight attendant's racial discrimination suit.
Judge: Attorney General not allowed to intervene in class action regarding representation for indigent defendants
JEFFERSON CITY – A federal court has ruled the Missouri attorney general cannot intervene in a class action against the state that calls for proper legal counsel for criminal defendants.
Federal judge grants partial dismissal of job applicant's discrimination claim against Walmart
ST. LOUIS – A Walmart applicant's discrimination case against the retailer has partially been tossed by a federal judge.