Double Recovery – Settlement and the Reduction Affirmative Defense

In an interesting opinion with lessons for both sides of the bar, the Missouri Southern District Court of Appeals essentially allowed a plaintiff to recover twice in a property damage case. International Division, Inc.  (“INDIV”) filed suit against a number of defendants for damage to its offices as a result of nearby construction. During the …

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One Year Anniversary!

Today marks the one year anniversary of the opening of my law firm. The first year has been a fantastic experience that has gone by in a blink of an eye. I’d like to thank all the clients who placed their trust in me. I could not have done it without you! I would also …

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Michael Smith Again Named Missouri/Kansas Super Lawyer

Michael Smith was again voted a Missouri/Kansas Super Lawyer in the field of medical malpractice litigation. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. …

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Illinois Bans Cell Phone Use While Driving

The Illinois legislature recently passed Public Act 098-0506. This act will make it a violation of Illinois law to use a cell phone while driving. The law will take effect January 1, 2014. This Act effectively modified current Illinois law that made it unlawful to use a cell phone to text while driving. In essence, …

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USDOT Issues Safety Advisory for Buses

The Federal Motor Carrier Safety Administration (“FMCSA”) has issued a safety advisory that is particularly applicable in the hot months of summer.  This advisory reminds all motorcoach operators that Federal Motor Carrier safety regulations prohibit buses from carrying a weight greater than that marked on the tire or operating with damaged or dangerously worn tires. First things first. You’re probably …

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Fair Debt Collection Practices, Part 3

The Fair Debt Collection Practices Act (“FDCPA”) gives consumers the right to sue debt collectors who violate the Act. Under 15 U.S.C. 1692k, an individual consumer who has been subjected to unfair debt collection practices may file suit and recover any actual damages sustained along with statutory damages of up to $1,000. Actual damages may include …

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Fair Debt Collection Practices, Part 2

In this post, we will discuss some of the practices specifically prohibited by the Fair Debt Collection Practices Act (“FDCPA”). In the last post, we listed some of the specific types of harassment or abuse prohibited by the FDCPA. Another section of the FDCPA prohibits debt collectors from using false and misleading statements when attempting to collect a debt. …

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Fair Debt Collection Practices, Part 1

In this post, we will discuss some of the rights the Fair Debt Collection Practices Act (“FDCPA”) gives consumers and certain actions debt collectors can not take when collecting a debt. In 1977, Congress enacted the FDCPA to protect consumer from abusive debt collection practice. The FDCPA gives consumer a number of protections, including: Restrictions on who a debt …

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Victim of Consumer Fraud?

The Missouri Merchandising Practices Act  (MMPA) provides that “the act, use or employment by any person of any deception, fraud, false pretense, false promise, misrepresentation, unfair  practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce or the solicitation of …

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