Kansas City Public Schools’ liability insurance doesn’t cancel out its sovereign immunity over an alleged sexual assault at a school, the Missouri Court of Appeals Western District determined.

Tagged with: topnews Torts Western District

A man who fell off his bike while crossing a City of St. Charles bridge cannot revive his claims against the city because he failed to notify the city within 90 days of his injury, the Missouri Supreme Court determined.

Tagged with: Missouri Supreme Court topnews Torts

Where homeowners challenged the entry of summary judgment against them after they sued defendants as the corporate successor of a metal-fabrication facility that spilled toxic chemicals and allegedly contaminated the homeowners’ property, the judgment is affirmed in part on claims ...

Tagged with: Corporate-Successor Liability Migration of Contamination Personal Injury & Torts Law Torts Toxic-Chemical Spill

  Plaintiffs appealed the grant of summary judgment to defendant, which argued that plaintiffs’ wrongful-death action was barred by the applicable statute of limitations. On appeal, plaintiffs argued that their action was timely filed and re-filed within the statutory savings ...

Tagged with: Personal Injury & Torts Law Savings Clause Statute Of Limitations Torts wrongful death

Where a man, who was severely injured while working in a gravel mine, sued the United States under the Federal Tort Claims Act alleging that his injuries were caused in part by a federal mine inspector’s inadequate inspection, the discretionary-function ...

Tagged with: Discretionary Function Exception Federal Tort Claims Act Personal Injury & Torts Law Sovereign Immunity Torts

  Where a plaintiff sued his former employer claiming that he was terminated in violation of the Fair Labor Standards Act and Minnesota Whistleblower Act as retaliation for his legal action against the company, summary judgment for the defendants is ...

Tagged with: Fair Labor Standards Act independent contractor Personal Injury & Torts Law Standing Torts

  Plaintiff filed suit against defendant, asserting claims of fraud, conversion and unjust enrichment arising from defendant Calissio Resources Group’s quarterly dividend. The district court dismissed all claims against Calissio’s stock transfer agent and the broker intermediary defendants. Where securities ...

Tagged with: Dividend Transaction fraud Personal Injury & Torts Law Torts unjust enrichment

Plaintiff appealed the district court’s dismissal of all of his claims against all defendants. Where the court could find no error in the district court’s dismissal of plaintiff’s complaint or abuse of discretion in the district court’s denial of plaintiff’s ...

Tagged with: Assault Dismissal personal injury Personal Injury & Torts Law Torts

Plaintiffs filed suit against relators alleging they manufactured and sold talc powder that caused plaintiffs to develop ovarian cancer. Relators moved to sever, arguing the various plaintiffs’ claims should be transferred to St. Louis County or the plaintiffs’ home districts. ...

Tagged with: Personal Injury & Torts Law product liability Severance of Plaintiffs Torts Writ Of Prohibition

Where plaintiff brought claims of money had and received and unjust enrichment against his former girlfriend after she moved out with their child and transferred money from an account they held jointly with rights of survivorship, cases addressing the rights ...

Tagged with: Joint Bank Account Personal Injury & Torts Law Rights of Survivorship Torts Transfer of Funds

Plaintiffs appealed from the dismissal of their action brought pursuant to 28 U.S.C. §1346(b) and the Federal Tort Claims Act against three agencies within the U.S. Department of Agriculture. Plaintiffs further appealed from the district court judge’s denial of their ...

Tagged with: Federal Tort Claims Act Motion to Recuse Personal Injury & Torts Law Prima Facie Claim Torts