JEFFERSON CITY — As Missouri lawmakers consider House Bill 1578, which modifies provisions relating to civil procedures in tort claims, Rep. Glen Kolkmeyer (R-Wellington) believes the proposal is long overdue.
If approved, HB 1578 would amend the law regarding joinder of parties in civil proceedings by maintaining out-of-state injury claims arising out of separate incidents or purchases of the same product or device will not justify creation of a class action.
Kolkmeyer is the sponsor of HB 1578, which was introduced Jan. 3 and received a second reading on Jan. 4. Amid the recent Bristol-Myers Squibb decision, which has mitigated a number of out-of-state plaintiffs, he said it is an important piece of legislation, noting that it is important not to confuse cases of personal jurisdiction with what is proper venue.
Missouri State Rep. Glen Kolkmeyer
“The BMS case dealt with jurisdiction of the court over the person - personal jurisdiction,” the legislator said. “Venue is where within the state a case could be brought. Just look at the case of Abbott Labs, which was right after the BMS case last year, and it showcases there is still a problem in Missouri.”
Kolkmeyer explained his measure would stop misuse of the joinder rules.
“The venue laws are being abused for joining parties to the case, and lending proper personal jurisdiction and venue to the newly joined parties,” he said. “My bill is targeted to end that misuse and abuse of the joinder rules.”
All one has to do is watch late-night television and the myriad ads for lawyers to see that plaintiffs using Missouri for preferential treatment is no accident.
“The simple truth is that juries are more favorable to plaintiffs in St. Louis City and Jackson County,” Kolkmeyer pointed out. “There are national law firms and others involved in getting plaintiffs to sign on to these national suits and using Missouri courts in hopes of striking it rich.”
Another key component of the legislation would change the law concerning the definition of principal place of residence for individuals, corporations and insurance companies with regard to venue purposes in civil actions.
HB 1578 also is likely to be a top priority this year for Missouri Republicans who will focus on blocking civil lawsuits and big payouts.
The goal, according to Kolkmeyer is to level the playing field for multi-plaintiff cases in St. Louis, where jury awards are seen as much higher.
“Hundreds of millions of dollars worth of judgments were being racked up in St. Louis last year,” he said. “The plaintiffs try a single case and hope to obtain a settlement value for the docket they have on file. They can get to judgment much faster in St. Louis and hope to pressure a defendant into settlement faster in St. Louis than most any other place around.”