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 ...
Toyota, the world's leading auto manufacturer, has agreed to a record fine of $17.4 million for not disclosing a known and potentially dangerous vehicle design defect as quickly as it should have. It's the second time in two years that Toyota has been fined for delaying the reporting of known auto defects.
The fine is the maximum the U.S. National Highway Traffic Safety Administrator (NHTSA) can assess, indicating the serious nature of this incident and auto design defects as a whole. "Every moment ...
On November 26, Illinois State Police Trooper Kyle Deatherage was tragically struck and killed by a tractor trailer while he was standing along Interstate 55 after making a traffic stop. This occurred near Litchfield, Ill., about 60 miles north of St. Louis. The trooper left behind a wife and two young children.
In an article by the St. Louis Post-Dispatch, some troubling questions about possible driver negligence and company negligence have surfaced.
The newspaper reports that, following the ...
Recent news reports have raised some concerns about popular energy drinks. According to Food and Drug Administration (FDA) records, the highly caffeinated energy shot 5-Hour Energy has been listed as a possible cause of 13 deaths and more than 30 serious injuries. This news comes less than a month after reports that highly caffeinated energy drinks sold under the brand name Monster Energy were listed as a possible cause of 5 deaths. The Food and Drug Administration (FDA) is currently ...
Spinal cord injuries are devastating, not only for the quality-of-life challenges they present but also because of the costs of ongoing medical care. Such care is costly.
According to the National Spinal Cord Injury Statistical Center (NSCISC), the average annual first-year costs of spinal cord injury treatments range from $322,000 to $985,000, depending on the severity of the injury. Annual medical care costs following that first year range from $40,000 to $170,000, again depending on the ...
A recent tragedy in West Texas serves as a real-life reminder of the deadly dangers posed by railroad crossings.
On November 15 in Midland, Texas, during an annual parade to honor wounded war veterans, a freight train slammed into one of the parade floats. Two veterans riding on the float died at the scene. Two others later died at a hospital. At least 17 other passengers on the float were injured, some of them critically.
The accident currently is under investigation by the National ...
The holiday season is just around the corner. For many, this means braving crowds of people at the mall or local shopping center to purchase toys to give to the children in their lives. Most of the toys for sale in the United States today are relatively safe, as certain toys and other children's products are subject to regulations established by the U.S. Consumer Product Safety Commission (CPSC).
However, according to a CPSC report (available at http://www.cpsc.gov/library/toymemo10.pdf), in ...
Class action lawsuits allow a large number of people harmed by the same negligent or fraudulent actions of a company to obtain compensation that they typically couldn't if they pursued lawsuits on their own. Unfortunately, the U.S. Supreme Court recently heard two cases that, depending on how the Court rules, may limit this important legal remedy.
The cases, heard November 5, 2012, involve class action lawsuits against two companies and two different issues:
- Comcast, a leading cable provider, is ...
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