Present Tense Interpretation Clarifies Missouri’s Venue Statute for Corporate Defendants
On August 15, 2023, the Missouri Supreme Court in State ex rel. Monsanto Co. v. Mullen, No. SC99942 (Mo. Aug. 15, 2023) (en banc), clarified competing interpretations of Mo. Rev. Stat. 508.010.5(1) (2016) with regard to the proper venue for defendant corporations sued by plaintiffs alleging first injury outside the state of Missouri. In the opinion, the Missouri Supreme Court held that venue is determined based on the location of the defendant corporation’s registered agent at the time the suit is filed, rather than the registered agent’s location on the date of a plaintiff’s first alleged injury, resolving an ambiguity contained in the statute.
Toxic Tort Monitor – February 20, 2019
| February 20, 2019 | Editor: Jen Dlugosz | Assistant Editor: Natalie Holden |
| New Developments |
| Missouri’s Game-Changing Opinion on Venue in Multi-Plaintiff Tort Litigation By Dominique Savinelli and Tim Larkin On February 13, 2019, the Supreme Court of Missouri dealt a significant blow against improper forum shopping by plaintiffs in mass tort litigation. The Johnson & Johnson |
Toxic Tort Monitor – April 16, 2018
| April 16, 2018 | Editor: Jen Dlugosz | Assistant Editors: Anne McLeod and Natalie Holden |
| New Developments |
| Cook County Circuit Court Denies Personal Jurisdiction Motion in Asbestos Case By Anne McLeod The Circuit court in Cook County, Illinois has recently clarified one of the limitations on which it applies personal jurisdiction and venue protections to |
Toxic Tort Monitor – January 17, 2018
| January 17, 2018 |
| New Developments |
| A Review of 2017 Personal Jurisdiction Decisions By Taylor Concannon In 2017, the U.S. Supreme Court in cases such as BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior Court of California continued the trend that began in Goodyear and Daimler and reaffirmed its limits on personal jurisdiction |
Must a Federal Court Enforce Your Forum Selection Clause?
Contractual forum selection clauses—i.e., provisions selecting specific courts for subsequent related litigation—abound in technology, manufacturing, and transportation commercial agreements. Oftentimes, manufacturers, suppliers, vendors, service-providers, and the like designate particular courts to lessen the costs of future litigation, as well as the likelihood of judicial error.