HB 91 / HB 434 – Restriction on co-employee liability.
Requires co-employees to be released from liability for negligence in
performing the nondelegable duty of an employer to provide a safe
workplace when the negligence contributes to injury or death.
HB 158 – Statute of limitation for injurious falsehood. Creates a two year statute of limitation for actions for injurious falsehood.
HB 200 – Gross negligence standard for inmate suicide.
Makes gross negligence the standard of proof in actions for damages
against correctional facilities as the result of the death, by suicide,
of any person confined in such a facility.
HB 269 – Tort immunity for certain not-for-profits. Adds
certain not-for-profit organizations to the term “public entity” as it
relates to tort immunity and limits the state’s liability in tort claims
involving motor vehicles and dangerous conditions.
HB 364 / SB 211 – Abolishment of joint and several liability.
Changes the determination of a defendant’s liability in a tort action
for damages by specifying that the liability of each defendant for
compensatory or punitive damages must be several and cannot be joint.
No Position – Share comments.
HB 454 – “Good Samaritan” liability.
Specifies that any person who gratuitously and in good faith renders
any service to another individual cannot be civilly or criminally liable
for any act or omission with certain specified exceptions.
HB 606 – Limitation of punitive damages. Lowers the maximum award of punitive damages to the greater of $250,000 or two times the net amount of the judgment.
HB 785 / SB 379 – Limitation of products liability cases. Restricts the time to file a products liability claim and when a manufacturer or seller of a product may be liable.
SB 69 – Civil action for victims of pornographic offenses. Modifies
provisions relating to children who are victims of pornographic
offenses; creates a civil action for victims of certain offenses against
a person convicted of a crime as a result of the offender’s production,
possession, or promotion of the material in which the victim is
SB 149 – Expert witnesses in health care actions.
Modifies the laws regarding the testimony of physicians as expert
witnesses in lawsuits against physicians for improper health care;
prohibits an expert witness from testifying regarding the standard of
care in a medical malpractice action unless the witness is licensed and
actively engaged in the clinical practice of medicine, and devoting at
least three-fourths of his or her professional tiem to active clinical
practice of substantially the same specialty as the defendant; specifies
that a physician licensed in another state who testifies as an expert
witness in a medical malpractice suit shall be considered to have a
temporary license to practice medicine in Missouri and is subject to the
authority of the Board of Registration for the Healing Arts; makes
evidence obtained under a contingency fee agreement with a third party
inadmissible in certain circumstances.
Our Editorial Policy
The JOURNAL OF THE MISSOURI BAR assists members of The Missouri Bar in keeping abreast of changes in legal developments and in meeting their professional obligations. The JOURNAL welcomes submission of articles relating to any legal topic of interest to Missouri lawyers. Criteria for publication include the quality of the article, its substantive value, its general interest to Missouri lawyers, and the originality of its subject matter. Articles of a historical nature, articles which relate to cases pending before any court or agency, and articles previously published in whole or substantial part will not be accepted for publication. Consistent with the JOURNAL'S format, the language of submissions should be gender-neutral.
The JOURNAL OF THE MISSOURI BAR encourages all its members, including women and minorities, to contribute substantive law articles for publication. Reservation of a topic is strongly encouraged (see contact information below).
The JOURNAL is not copyrighted as a publication, but authors may copyright their individual articles. Opinions and positions stated in signed material are those of the authors and not necessarily those of The Missouri Bar or the JOURNAL. The material within this publication is presented as information to be used by attorneys, in conjunction with other research deemed necessary, in the exercise of their independent judgment. Original and fully current sources of authority should be researched.
Publication of advertising material is not an endorsement by The Missouri Bar or the JOURNAL of the advertised product or service.
Articles must conform to the "Instructions for Authors" and "Conventions for Citations" adopted by the JOURNAL, which should be obtained before submission. Address all correspondence to:
Gary P. Toohey, Editor
Journal of The Missouri Bar
326 Monroe Street
P.O. Box 119
Jefferson City, MO 65102-0119