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Every day, there are countless drivers who are behind the wheel while distracted. Studies show that most accidents today are a result of distracted driving. Smartphones are the main culprit. These tempting devices are within an arm’s reach at all times. The reality is that most drivers, if not all, have been guilty of driving while distracted. There have been ...

In simple terms, a suitable investment is one that fits within a client’s specific risk tolerance and satisfies their financial objectives. Recommending suitable investments is the cornerstone of proper investment advice.

Investment advisors can be a valuable resource for Kansans and Missourians who are looking to plan for their future. Unfortunately, in some cases, they can cause unnecessary losses for investors through conduct aimed at enriching the advisors.

Hard-working individuals in Kansas City and throughout Missouri face discrimination every day. Nowhere is discrimination more pervasive than in the workplace. Luckily, most workers in Kansas City and Missouri who suffer employment discrimination have an avenue of relief under the Missouri Human Rights Act (the “MHRA”).

Non-solicitation agreements, like non-compete agreements, are becoming increasingly common. We have addressed the basics of non-compete agreements in a previous blog post: https://pslawkc.com/blog/introduction-to-non-compete-agreements-in-kansas-and-missouri-pospisil-swift-llc/. This post focuses on non-solicitation agreements—what they are and when they are enforceable.

For decades, the state of Kansas has had a cap on the non-economic damages Plaintiffs can recover in personal-injury lawsuits. No longer. On June 14, 2019, in Hilburn v. Enerpipe Ltd., the Kansas Supreme Court ruled that caps on non-economic damages in personal-injury cases are unconstitutional.

The Missouri Merchandising Practices Act (“MMPA”) is Missouri’s consumer-protection law. It protects Missouri consumers who have been misled when making a purchase, whether the misleading act was a false advertisement, misleading salesperson, or other statement or omission. The MMPA allows aggrieved Missouri consumers to bring claims in court to recover their losses.

Many of those who are injured want to pursue a legal claim but do not know where to start. Chief among their questions is, how long will my personal-injury claim take? That question is best answered by breaking down the stages of an injury claim.

Invariably, one of the first questions clients have for us in these situations is, can I make the other side pay for my legal fees? In most cases, you cannot. But there are exceptions to the general rule (discussed below), and contingency fees offer a potential solution for cash-strapped litigants.

In Missouri, a claim for wrongful death and the damages recoverable are governed exclusively by statute. Section 537.080 of the Missouri Revised Statutes creates a cause of action when the death of a person “results from any, conduct, occurrence, transaction, or circumstance which, if death had not ensued, would have entitled such person to recover damages” from the culpable person(s) ...