Posts from January 2013.

Missouri consumers who have been victimized by deceptive marketing practices are not limited to recovering only their out-of-pocket costs. Rather, they are entitled to receive the benefit of their bargain.

This benefit-of-the bargain measure is "part of [Missouri's] standard instructions for damages in misrepresentation cases, and applies to claims asserting violation of the Missouri Merchandising Practices Act ("MMPA"). Plubell v. Merck & Co., Inc., 289 S.W.3d 707, 715 (Mo. App. 2009 ...

No less authority than Johns Hopkins University School of Medicine estimates that surgical errors happen at least 4,000 times each year in the United States.

Researchers at the prestigious Baltimore institution conducted a study on surgical error in this country. The findings, recently published in the medical journal "Surgery," are eye-opening.

The researchers examined medical malpractice claims between 1990 and 2010 that resulted in financial settlement or judgment for the patient ...

If you buy a product which turns out to be defective, you might look at the packaging to see if there is a warranty. If there is one, it is called an express warranty. But even if there is not an express warranty, the law still imposes an implied warranty, known as the implied warranty of merchantability.

Any time a product - including food - is sold in Missouri, the product must be fit for its ordinary purpose, must conform to the statements made on the label, and, in the case of fungible goods, must ...


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