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) ...
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 ...
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.
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, ...
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 ...
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 ...
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...
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 ...
Not long ago, companies reserved non-compete agreements for executives and high-paid employees. No longer. Times have changed, and many companies now ask employees at all levels to sign non-compete agreements, including low-wage employees. Even though non-compete agreements are increasingly common, many employees and employers remain unsure about what such agreements mean and whether they are enforcea...
Traveling by car is the most common method of transportation in America. It is also the deadliest. In 2010, for example, there were an estimated 5,419,000 auto accidents, and more than 30,000 fatalities. After steadily declining for years, accidents have been on the rise. Driverless cars have the potential to greatly reduce auto accidents in the future, but we are ...
