THIS WEEK IN MISSOURI LEGISLATION (OR, LOOK AT WHAT THEY’RE TRYING TO DO TO YOU AND YOUR FAMILY)
Besides traditional attacks on collective bargaining, Missouri’s legislature has been busy in ways which can be very bad for you, your family and your friends and neighbors. This summary is of legislation pending which if passed, can cause considerable inequalities and inequities.
Arbitration – The new legislature requires an arbitrator to rule on enforceability of arbitration clauses in employment and health care matters rather than the Courts. Think your daughter can sue for sexual harassment or workplace discrimination when there’s an arbitration clause? Think again.
Fault – If you’re harmed by multiple people or companies, fault lets them off the hook to make you whole for your loss, by eliminating joint liability.
Fault – So, you are harmed, your claim is rejected and you obtain a judgment against those who caused your loss. They appeal. Currently, you receive interest on the judgment, but they want to take that away or greatly reduce the interest rate.
Fault – Fault also eliminates a business’ responsibility to you for your losses caused by criminal acts on their property, no matter how many times they’ve known of past occurrences and have failed to protect customers.
Insurance companies – This legislature gives them preferential treatment by an exemption from garnishment. So if you think you’ve won a dispute, it makes it harder to collect.
Insurance companies – When they wrongfully deny coverage or act in bad faith, they presently can be responsible for the damages a court or jury determines. This would be eliminated. So, if you’re insured and sued, you can be left holding the bag, just as if you were harmed by someone insured, you may not be made whole.
Time Limits – The legislation shortens several statutes of limitation, the time in which you can legally hold others accountable for their actions.
Unsafe Products – The legislation requires lawsuits to be filed within 10 years from the date of sale. So, if you are hurt ten years and one day after the sale by a defective and unsafe product, the manufacturer is off the hook.
Unsafe Products – The legislation eliminates lawsuits for personal injury and death from Missouri’s Merchandising Practices Act.
The highlighted legislation is in Missouri, and has not yet been enacted. Constant vigilance is necessary. For questions regarding Missouri legislation changes, please contact any of our attorneys.
Please contact your State Representative and ask them to vote against legislation that hurts working families.