LOOKING FOR AN ATTORNEY THAT GETS RESULTS? CONTACT OUR OFFICE TODAY

BLOG

Pospisil Swift LLC

The MMPA: An Overview of Missouri's Consumer Protection Statute

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.
Read More
Pospisil Swift LLC

How Long Will My Personal Injury Claim Take?

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.
Read More
Pospisil Swift LLC

Can I Recover My Legal Fees in a Lawsuit?

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.
Read More
Pospisil Swift

Wrongful Death Damages in Missouri

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.
Read More
Pospisil Swift LLC

What does it mean to be an “at-will” employee in Missouri?

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.
Read More
Pospisil Swift LLC

1st Global Capital and Pinnacle Plus

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.
Read More
Pospisil Swift LLC

Online Businesses and Sales Tax

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 busines...
Read More
Pospisil Swift LLC

Arbitration

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 e...
Read More
Pospisil Swift LLC

Microsoft and the Production of Customer Emails Stored Overseas

In today’s global society, many large corporations have operations in countries throughout the world.  There are many reasons for this, ranging from favorable tax treatment in the host country to establishing better product distribution. Recently, United States corporations having international locales and operations have had to confront whether their international operations are subject to specific...
Read More
Pospisil Swift LLC

Is a Member Liable for the Actions, Debts or Liabilities of a Limited Liability Company?

Many businesses in Missouri operate as limited liability companies.  A limited liability company, often called an “LLC,” is a simple business structure that combines elements of a corporation, a partnership, and a sole propriety, but with unique characteristics. The owners of an LLC are called “Members.”  An LLC can be managed by a Manager or its Members.  A key aspect of an...
Read More