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‘No-Never,’ or ‘Yes-Always:’ Judge Weighs State, Federal Requirements for Punitive Damage Claim in Initial Complaint

“As this court has consistently held, Mo. Rev. Stat. § 510.261.5 and Rule 8 answer the same question, namely: may punitive damages claims be included in an initial complaint? Section 510.261.5 answers ‘no-never,’ while Rule 8 answers ‘yes-always,’” U.S. District Judge John A. Ross of the Eastern District of Missouri said in a lawsuit against …

‘No-Never,’ or ‘Yes-Always:’ Judge Weighs State, Federal Requirements for Punitive Damage Claim in Initial Complaint Read More »

Delegation Clause Sends Personal Injury Claims to Arbitrator, State High Court Rules

“Neither the circuit court nor this court is authorized to resolve these claims, however, because the arbitration agreement—which, on its face, purports to bind him with respect to his personal injury claim—contains a delegation clause in which he agrees to arbitrate threshold matters relating to the ‘scope, arbitrability, or validity’ of the arbitration agreement,” the …

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Federal Judge OKs Wonderful Company’s Motion to Dismiss Suit Against Fiji Water

“Allowing a suit of this type to proceed on this basis would basically open the door to enabling any purchaser of any consumable product to file a lawsuit simply saying, ‘I bought product X, and it contains microplastics’ … and thereby get a past a motion to dismiss and into discovery and class certification proceedings,” …

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Federal Judge Closes the Door to Microplastics Suit Against Fiji Water

“Allowing a suit of this type to proceed on this basis would basically open the door to enabling any purchaser of any consumable product to file a lawsuit simply saying, ‘I bought product X, and it contains microplastics’ … and thereby get a past a motion to dismiss and into discovery and class certification proceedings,” …

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