Tag archive: missouri supreme court

Significant Changes Ahead for Missouri Litigators – Part III

The Missouri Supreme Court approved two completely new jury instructions for civil cases that require the immediate attention of Missouri civil litigators, becoming effecting July 1, 2017. Rules E1.00 and E1.01 allow the Court to read an Early Case Summary to the jury before the beginning of voir dire. The instruction is not mandatory, but…

Significant Changes Ahead for Missouri Litigators – Part I

Recent actions by both the Missouri Senate and Missouri House of Representatives regarding the admissibility of evidence in civil actions would substantially change the litigation of medical negligence cases. In this article I discuss the proposed changes to RSMo § 490.715 related to the admissibility of evidence of the cost of medical care; commonly referred…

Appeal From Order Denying Arbitration Must Be Filed Within 10 Days

In Sanford v. CenturyTel of Missouri, LLC, d/b/a CenturyLink, No. SC95465 (Mo. en banc 2016), the Missouri Supreme Court recently held that an order denying a motion to compel arbitration is immediately appealable. The order denying arbitration must be appealed within 10 days from entry to avoid waiting for a final judgment after trial to…

New Missouri Noneconomic Damages Cap

Approximately three years after the Missouri Supreme Court declared the non-economic damages cap unconstitutional in 2012, Governor Nixon signed into law Senate Bill 239 on May 8, 2015. This bill amends R.S.Mo.§538.210 and creates new limitations on the recovery of noneconomic damages in medical negligence actions filed against health care providers to include long term…

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