Insights

Stay-at-home orders and the economic disruption caused by the COVID-19 pandemic have taken their toll on several industries, including construction.  The impact of the pandemic has made it impossible, or at least more expensive, for projects to proceed on schedule. Contractors experiencing losses or delays…
Continue Reading

Over the past decade many employers have gradually permitted and, at times, even expected employees to work remotely.   These early-adopting employers have had the luxury of methodically contemplating policies and best practices for remote work. However, with the novel coronavirus abruptly closing workplaces across the…
Continue Reading

Business borrowers that find themselves in default on a promissory note or other credit facility may be asked by the lender sign a “forbearance agreement.” Often, these are presented by the lender as a generous concession on their part in order to give the borrower…
Continue Reading

Recent amendments to Missouri’s interpleader statute (RSMo § 507.060) provide significant protection for liability insurers seeking to avoid risky, time-consuming, and expensive excess litigation. However, the new amendments pose new questions and a thoughtful litigation and claims handling strategy is imperative. Liability insurers often encounter…
Continue Reading

On Wednesday, Governor Parson signed into law Senate Bill 224, which will bring the Missouri Supreme Court Rules into closer alignment with the Federal Rules of Civil Procedure. In addition, he signed into law Senate Bill No. 7 which places limitations on Missouri’s existing joinder…
Continue Reading

In this final installment of our four-part series, we analyze areas in which the Missouri Supreme Court Rules do not align with the Federal Rules of Civil Procedure and the implications on Missouri trial practice.   Expert Discovery Unlike FRCP 26(b)(4), the existing Missouri rules…
Continue Reading

Last week, Capes Sokol’s Litigation Group discussed legislation recently passed by the Missouri Legislature that is designed to bring the Missouri Supreme Court Rules more closely aligned with the Federal Rules of Civil Procedure (“FRCP”).  Today we want to examine the proposed addition of Rule…
Continue Reading