‘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 an instant oil change franchise.