All Posts

Posted in In the community on June 23, 2016   |  by Gary Burger

Burger Law: In the News

CLE - Deposition and Mediation

Don't forget about Personal Injury Lawyer, Gary Burger and Judge Thomas J. Prebil's CLE next Monday, June 27th, 2016. For more information, you can read our post or if you're interested in attending, you can register here.

Noneconmic Damages Cap in Missouri Statute

The Missouri Supreme Court has ruled that the noneconomic damages cap in Missouri statute section 538.210 does not violate the Missouri Constitution. So, noneconomic damage recovery for the families of Missourians who die as a result of medical malpractice is capped under the statute. In Dodson, et al. v. Ferrara, et al., -- S.W.3d --, No. SC95151 (Mo. 2016), the plaintiffs, obtained a $9 Million noneconomic damages verdict for medical malpractice in the death of a 34-year-old wife and mother. The trial court reduced that recovery to $350,000 under 538.210.

The Missouri Supreme Court relied on Sanders v. Ahmed, 364 S.W.3d 195 (Mo. 2012), and affirmed the trial court's imposition of the damages cap. Please click here for the Dodson opinion, and click here for the current R.S.Mo. 538.210. the court rejected right to jury trial and equal protection challenges to the tort reform cap.

Stand Your Ground Bill

Just in case you thought there were too many laws constraining the second amendment, the Missouri Legislature has passed and sent a bill to Governor Nixon called "Stand your ground" or conceal and carry without a permit. If signed, courts would have a lot of work clarifying what it means - click here for the article about it. Terrible tragedy in Orlando - so sad. But we get these mass shootings weekly in America.

Can't legislate restrictions or guidelines for guns because its in the bill of rights?
What about the huge amount of tort reform and constraints on the rights of injured people and their families despite the Right to Trial by Jury (7th Amendment) (like Dodson decision)?
What about libel and slander laws and constraints on the First Amendment? Warrantless wiretaps and searches since 9/11 straining the language of the Fourth Amendment?
Right to Vote? It seems it's harder to vote in Missouri than buy a gun - you need more identification for sure. Alright, off my soapbox.

Ticketmaster Lawsuit

If you're a music lover like me, you may be entitled to FREE tickets. Ticketmaster just settled a $400 million lawsuit. If you bought tickets through the service between Oct. 21, 1999, and Feb. 27, 2013, you might be to entitled to ticket codes allowing you to claim two free general admission tickets - click here for an article or click here for rules on how to recover from Ticketmaster.