Civil Litigation

In 1974, Steve McQueen was the highest paid actor in Hollywood. In 1979, he was diagnosed with mesothelioma. One year later, at the age of 50, McQueen passed away after an unsuccessful surgery to remove the cancer. McQueen was a true American icon. On screen, he played heroes who straddled the divide between the ideals of post-WWII America and the social revolutions of the 60s and 70s. He was a rebel and a leader, and he performed many of his own stunts in car chases and on motorcycles. “I’m not sure whether I’m an actor who races or a…
Written by Soo Yeon Lee, Esq. Buying and selling a house is one of the largest transactions in anyone’s life. In most instances, you will work with a real estate agent who will list your property, and an attorney who will guide you through the legal process. This article guides you through the  selling process, from having a prospective buyer to a successful closing. Once you receive an offer, there are five stages to go through: Contract (Offer/Acceptance) Attorney Review Inspection Contingency Financing Contingency Closing 1. Contract (Offer/Acceptance) When a potential buyer makes an offer, they will send you a…
A number of you have inquired about the recently enacted LGBT History mandate in public schools and are wondering what can be done to protect students. You, like many Christian parents, are concerned about your children being indoctrinated with the belief that a homosexual lifestyle is desirable and perfectly good. Although we don’t know the specifics of the curriculum at this time, the law does require all schools in the state include “the role and contributions of lesbian, gay, bisexual, and transgender people in the history of this country and this State” in official textbooks. This likely means we can…
Missouri’s inaugural medical marijuana facility application period ended just over two weeks ago on August 19, 2019. Now that the smoke begins to clear from the application process, hopeful applicants can focus their energy on fostering relationships so that their businesses can launch as soon as possible. With even the earliest anticipated harvest being at least several weeks after licenses are issued in December of this year, Missouri residents can expect this new industry to begin taking shape in the early months of 2020. The Missouri Department of Health and Senior Services (“Department” or “DHSS”) is expected to issue 348…
On May 1, 2019, Senate Bill 7 was passed as part of the Missouri legislature’s overarching goal to refine Missouri’s broad venue rules, which previously had allowed plaintiffs to pursue their claims in Missouri venues with no connection to their injuries or events which led to their injuries. Particular provisions of the new venue rules apply specifically to lawsuits involving claims against insurance companies. First, Sections 375.1800 and 508.010 now provide that domestic and foreign insurance companies are deemed a resident of the county where their registered offices are maintained, including for venue purposes. A foreign insurance company that does…
In a landmark judgement, Oklahoma judge Thad Balkman ruled on Monday, Aug. 26, that Johnson & Johnson is liable for playing a large role in sparking the state’s opioid crisis through its deceptive marketing practices. With thousands of opioid lawsuits still pending, and another major opioid trial set for October, Monday’s ruling could set a new precedent in the fight against irresponsible drug manufacturers. It is the first lawsuit in the United States to hold a pharmaceutical company responsible for one of the worst and most deadly drug epidemics in modern history. As a result of Judge Balkman’s ruling,…
HeplerBroom has a long history of defending insurance producers across Illinois, with a strong appellate record on the ordinary-care duty and statute of limitations issues in particular. Western Cons. Prem. Properties, Inc., v. Norman-Spencer Agency, Inc., 845 F.3d 313 (7th Cir. 2017) (duty); RVP, LLC, v. Advantage Insurance Services, Inc., 2017 IL App (3d) 160276 (statute of limitations). We’re seeing new cases in which the producer defendant is alleged to owe a duty not only to its client to procure the policy he requests, but also to an additional insured on that policy. The typical circumstance is when a general…
Survivors of child sexual abuse in New York may yet have a shot at justice, thanks to a new law called the Child Victims Act, or CVA, which opens up the rules on filing sexual abuse lawsuits past a certain age. Within the past week, hundreds of survivors have stepped forward, bringing civil charges against individuals and institutions in the state of New York. Hundreds, if not thousands more are expected in the coming months. The growing amount of sexual abuse lawsuits have all come in response to the CVA. Effective Wed., Aug. 14, the law establishes a one-year…
Moving forward after a mesothelioma diagnosis is a tremendous act of courage. Since she was first diagnosed in 2006, Julie Gundlach has fought for every day of her life. Nearing the 13th anniversary of her diagnosis, she is still battling and still sharing her amazing story with people across the country. This year, Julie and her family will once again come to Alton, Illinois on September 28 to take part in 11th Annual Alton Miles for Meso 5K Race & 3K Fun Run/Walk. The race and fun run/walk raise funds to help support mesothelioma patients like Julie access mesothelioma treatment…
Moving forward after a mesothelioma diagnosis is a tremendous act of courage. Since she was first diagnosed in 2006, Julie Gundlach has fought for every day of her life. Nearing the 13th anniversary of her diagnosis, she is still battling and still sharing her amazing story with people across the country. This year, Julie and her family will once again come to Alton, Illinois on September 28 to take part in 11th Annual Alton Miles for Meso 5K Race & 3K Fun Run/Walk. The race and fun run/walk raise funds to help support mesothelioma patients like Julie access mesothelioma treatment…
Chances are you first become aware that your company is a target or subject of a criminal antitrust investigation when you receive a grand jury subpoena, or worse, when federal agents show up with a search warrant asking questions. This is serious business, given the consequences. Among the many questions experienced antitrust counsel will ask you early on is whether you have an antitrust compliance program, and if so, how it is set up and operates. In recent years, the Antitrust Division of the United States Department of Justice (“DOJ”) assigned no weight to the existence of a compliance program,…
On July 10, 2019, Missouri Governor Michael Parson signed significant pieces of legislation that confirmed his emphasis on tort reform in Missouri. The Governor previously highlighted tort reform in his State of the State address in January 2019. In that address, Parson referenced the need for increased regulatory and venue reform in the Show-Me State. The legislation signed in this month’s slate achieved the goals outlined in that speech and more. The relevant bills will significantly impact litigation and trial practice in Missouri’s courts via considerations to venue, joinder, and discovery issues. Additionally, the legislation changes the long-time approach towards…
Soo Yeon Lee, of counsel attorney with Mauck & Baker, has made the welcome transition to becoming a partner at the firm. The attorneys at Mauck & Baker take their mission to do work for the Kingdom and make disciples very seriously. Rich Baker said it this way: “Practicing law in this firm is ultimately a spiritual calling and challenge. With our firm it can often be spiritual warfare! To truly achieve God’s purpose for this firm, a deep active faith that sees law as a calling and being equally yoked with all involved is crucial. 2 Corinthians 6:14 states,…
There is war being waged in our country. Every day, battles for religious liberty are being fought over zoning laws, unjustified criminal prosecution, employee discrimination, municipalities violating First Amendment rights to evangelize in public areas, and state laws that ban counseling for people wanting to be free from unwanted same-sex attraction. People may protest and petition to show their discontent with these laws, but who actually steps onto the frontlines to make sure they get changed? Just like any other kind of battle, a legal one involves strategy. Public interest groups such as Illinois Family Institute, One Nation Under God Foundation,…
Be our guest, be our guestWatch your step, may we suggestFrom known dangers, we’ll protectBut we have no duty to inspect! If Beauty and the Beast took place in modern-day Missouri instead of 18th century France, those probably would have been the words to “Be Our Guest.” That’s because property owners in Missouri do not have a duty to inspect their premises for the safety of their social guests, also known as “licensees.” On the other hand, property owners must inspect their premises for dangerous conditions in order to protect customers or clients, a.k.a. “invitees.” In the recent case Scholdberg…
On June 20, 2019, the Supreme Court of Illinois affirmed an appellate court’s ruling on an Illinois Pollution Control Board (“Board”) decision involving groundwater monitoring at clean construction or demolition debris fill sites, in The County of Will v. The Pollution Control Board, 2019 IL 122798, Case Nos. 122798, 122813. The case concerned the Board’s adoption of regulations governing the use of clean construction or demolition debris (“CCDD”) and uncontaminated soil (“US”) as fill material at CCDD fill operations. CCDD is uncontaminated broken concrete without protruding metal bars, stone, bricks, rock, or reclaimed asphalt pavement generated from construction or demolition…