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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. What Kinds of Damages and Cases Does the Ruling Apply […]

Most people are lucky enough to go many years, or their whole life, without suffering a personal injury caused by someone else’s negligence. Those who are less fortunate are faced with a host of challenges, ranging from uncertain medical costs to a lengthy physical recovery. Many of those who are injured want to pursue a

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

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

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

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

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

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

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