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218 results found

Article

Stinson LLP | USA | 11 Nov 2018

11th Circuit Finds Homeowners Bound By “Shinglewrap” Arbitration Agreement, Shuts Down Class Action

In an opinion that coins new terms and uses the insouciant tone of a blogger, the 11th Circuit just shut down a putative class action brought by

Article

Greensfelder, Hemker & Gale, P.C. | USA | 18 Aug 2017

Mechanic’s Lien Waivers in Missouri - A Seemingly Simple Concept With Significant Implications

If you are a contractor, subcontractor or other entity offering construction goods and services, you probably know that the ability to place a lien

Article

Baker Sterchi Cowden & Rice LLC | USA | 6 Mar 2017

Jury Panel Investigation in Missouri Revisited: Waiver of the Issue of Juror Non-Disclosure Remains Limited to the Litigation History

With the constant evolution of technology, the Missouri Constitution’s guarantee of the right to a fair and impartial jury of 12 has simultaneously

Article

Carlton Fields | USA | 18 Mar 2014

Service of suit endorsement deemed to waive insurer’s right to remove action to federal court

A Missouri federal district court remanded a coverage action brought against Illinois Union Insurance Company ("Illinois Union") by its insured

Article

Thompson Coburn LLP | USA | 15 Nov 2013

Missouri Court rules jury waiver applies here, there, and everywhere

What happens when one loan document contains a jury waiver but another doesn't? For the lender, all may not be lost. That was another important

Article

Thompson Coburn LLP | USA | 8 Nov 2013

Want to recover attorneys’ fees in Missouri? Make sure you use the magic words

It has been the longstanding rule in Missouri that a litigant may recover his attorneys' fees and costs from the losing party if the underlying

Article

Day Pitney LLP | USA | 26 Sep 2013

NLRB judge invalidates class action waiver in arbitration agreement

In Cellular Sales of Missouri LLC, an NLRB administrative law judge ("ALJ") invalidated a class action waiver because of the NLRB's prior D.R

Article

Shook Hardy & Bacon LLP | USA | 1 Aug 2013

No MMPA violation in damage-waiver provision of home depot’s rental contract

She needed a tiller. So she went to Home Depot and rented one. The rental contract had a damage-waiver provision, which stated: If I pay the

Article

Jorden Burt LLP | USA | 13 Jun 2012

Missouri Supreme Court enforces Concepcion on unconscionability

Plaintiff Lavern Robinson brought a putative class action against Title Lenders, Inc. in Missouri state court.

Article

Stinson LLP | USA | 29 Mar 2012

The Missouri compromise: precedent finding class arbitration waivers unconcionable is vacated

The Missouri Supreme Court just acknowledged that its 2010 decision, finding a class arbitration waiver was unenforceable under state law, is preempted by the FAA, pursuant to the rationale of Concepcion.

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