You’ve just been sued. Or perhaps you’ve been injured or defrauded and want to sue someone. 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. The “American Rule” versus “Loser Pays” Under the “American Rule,” each party is responsible for its own attorney fees—win or lose. This is different than the “English Rule” or “loser pays” rule, where the losing party must pay the other party’s legal fees.

Terminated employees in Missouri often question whether they can sue their former employers for wrongful discharge or termination. As with most legal questions, the answer is: “it depends.” Missouri is an “at-will” employee state. This means an employer may terminate an employee at any time and for any reason (with a few limited exceptions, discussed below) unless the employee had a written employment contract. That contract must set forth a definitive duration of employment or specific terms under which the employee could be terminated. The Missouri Supreme Court has noted on numerous occasions that without a written employment contract, an employee can be terminated or fired “for any reason

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) or entity. It also provides a hierarchy of persons eligible to bring the action—most typically surviving family members of the decedent. The damages available in a Missouri wrongful death claim are also governed by statute, found at §537.090 of the Missouri Revised Statutes. In general, there are two categories

The Kansas City attorneys at Pospisil Swift are investigating potential claims on behalf of investors who purchased investments in 1st Global Capital, including those who made such investments through Pinnacle Plus in Overland Park, Kansas. 1st Global Capital is a Florida company that operated under the name 1st Global Capital and held itself out as a lender for small and medium sized businesses. 1st Global Capital raised funding by collecting millions of dollars from investors through a network of agents across the country. On July 27, 2018, 1st Global Capital filed for bankruptcy. After the company’s bankruptcy filing, the SEC filed charges for securities violations against 1st Global Capital,

Hundreds of thousands of people in the United States purchase goods and services online every day. Amazon alone had over $100 billion in revenue from sales last year. What some consumers do not realize, however, is that online purchases have been cheaper than “in-store” purchases because sales tax is often avoided when purchasing online. That changed last week. For months, both internet-based and brick-and-mortar based businesses have been anxiously awaiting the United States Supreme Court’s ruling in South Dakota v. Wayfair, Inc. That case pitted online businesses versus in-person storefront businesses. The issue was the legality of charging and collection of sales tax. Historically, states have not been allowed to collect

Arbitration agreements seem to be everywhere today. Perhaps the most prominent use of arbitration provisions is in the employment arena. Employers often require employees to agree to arbitrate any dispute relating to their employment, as opposed to seeking relief in court. The enforceability of an arbitration provision depends on the particular language and facts at hand. The Missouri Court of Appeals for the Western District recently examined the enforceability of an arbitration agreement in a unique fact pattern. In Theroff v. Dollar Stores, Inc., et al. (Mo. App. W.D. April 24, 2018), Plaintiff Theroff was hired by Dollar Store. As part of the hiring process, she was required to digitally execute