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Mayer Brown | USA | 24 Jan 2017

Kansas City gives St Louis a run for its money

On the eve of St Louis being named by the American Tort Reform Association as the number one 'Judicial Hellhole' in the country, juries in neighbouring Jackson County staked their own claim to that dubious distinction by returning two staggering punitive awards on consecutive days. Six-figure compensatory awards are undoubtedly 'substantial', and the facts in these cases do not stand out as......
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Mayer Brown | USA | 8 Dec 2015

Missouri appellate court upholds disproportionate punitive award

A recent Missouri Court of Appeals decision provides helpful case law for determining whether a parent company is an employer for purposes of employment discrimination cases. However, the court's treatment of the three BMW guideposts to determine excessiveness of the punitive award against the employer is less helpful, as it returns Missouri to the days before there was any constitutional......
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Wilson Elser | USA | 25 Apr 2012

Punitive damages available in unseaworthiness claims

The US District Court for the Eastern District of Missouri recently held that punitive damages are available under general maritime law in unseaworthiness actions. The court followed a recent Supreme Court ruling which stated that the common-law tradition of punitive damages extends to maritime claims unless Congress has enacted a federal statute restricting its application.
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