Maintenance errors are the second leading cause of aircraft crashes, behind pilot errors. A recent disclosure that the federal government wants to impose a record amount of fines against the nation's third largest airline for lax safety procedures puts into context just how serious a problem this can be.
On August 7, it was revealed the Federal Aviation Administration is seeking to fine American Airlines and its affiliates a record $162.4 million for alleged safety infractions. This ...
"The history of the King of Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute tyranny over these states, [including] depriv[ing] us in many cases, of the benefits of trial by jury."
Declaration of Independence, Adopted in Congress July 4, 1776.
"That the right of trial by jury as heretofore enjoyed shall remain inviolate..."
Article I, sec. 22(a), Missouri Constitution
Since the founding of our nation, one of the bedrock principles of our democracy has been ...
When over-the-road trucks and other large commercial vehicles are involved in accidents, the consequences can be devastating. Just take a quick look over a recent six-day period in July:
• Faulty brakes were cited as the reason for a dump truck accident that resulted in the death of the driver in Akron, Ohio on July 10. According to the Ohio State Highway Patrol, which inspected the truck following the accident, the truck's brakes were "ineffective." Police estimate the truck was travelling 50 mph ...
Following a recently concluded clinical study, the U.S. Food and Drug Administration has announced an update on the possible dangers of the drug Zofran, used to prevent nausea and vomiting caused by surgery, chemotherapy or radiation treatments to treat cancer.
Zofran, also known as ondansetron, previously came under federal scrutiny when it was found that some patients taking a 32 mg intravenous dose experienced changes in the electrical activity of their hearts. Such a change could pre-dispose ...
When a car accident occurs, after determining if there were injuries and their extent, one of the common questions is, whose fault was it?"
In Missouri, as in many states, the answer is not always simple. Missouri follows a principle known as "comparative fault." The best way to explain this is by an example. Suppose driver Jones is traveling too close to the vehicle and front of him, and when that vehicle stops, Jones has to slam on his brakes and make a sudden stop. Suppose driver Smith is behind Jones, and is ...
A covenant not to compete is a contract provision that prohibits a person from entering into direct competition with a particular company or business. These provisions are common in employment contracts, and are also included in contracts for the sale of a business. However, not all covenants not to compete are enforceable. Missouri courts have found covenants not to compete to be unenforceable where the employee's ability to work is restricted for too long or in too large of an area.
Furthermore, even if a covenant not to compete ...
Prior to August 2005, the medical malpractice cap on non-economic damages in Missouri changed each year. The Missouri Department of Insurance, Financial Institutions and Professional Registration would calculate an adjusted rate each year. However, beginning with cases filed after August 28, 2005, the cap is $350,000, regardless of the number of defendants. There is no adjustment for inflation. The Missouri cap on medical malpractice damages applies to non-economic damages. There is no cap ...
Just before the Memorial Day holiday weekend, Microsoft announced it has changed its end user license agreement so that customers can no longer file consumer fraud class action lawsuits against the software giant. With its Windows operating system used by more than 80 percent of the personal computer market worldwide, this change affects millions of individuals. This also pertains to users of the company's popular Xbox products.
A consumer fraud class action lawsuit involves cases where fraud is ...
Vehicles have continually become safer, primarily as a result of market demand. Car purchasers have long sought vehicles that have the newest and most effective safety mechanisms, whether they are anti-lock brakes, seatbelts or airbags. Despite manufacturers' interest in minimizing costs, they have consistently found value in yielding to customers' demands. One might assume that customer demands will remain the 'driving' force behind improved safety mechanisms for automobiles; however, it ...
When a consumer spends money on a product, he or she expects to receive the product as it was represented by the seller. Although this expectation is entirely reasonable, it is defied all too often. Some of the more recent examples include "toning" shoes that don't actually tone and "all natural" snacks that contain not-so-natural ingredients. Fortunately, consumer protection laws go a long way to prevent these types of incidents from occurring.
Missouri's consumer protection law, called the ...
RSS Feed