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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.

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MMPA

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.

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Crash

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.

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Shaking Hands

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.

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law

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) ...

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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 ...

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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.

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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, ...

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Clients often ask us if it is legal to record phone calls or conversations without telling the other parties to the conversation. If you are in Kansas and Missouri and are speaking with someone in either state, it is generally legal to record the conversation. But there are some important things you should keep in mind before making the decision ...

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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 ...

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