TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Friday, February 8, 2019

MO: Joinder Tort Reform Bill Filed Again

For the past several years, tort reform advocates in Missouri have filed bills to restrict mass tort filings.  One of those bills has been filed again.  The Houston Herald explains:

Now a Senate bill, sponsored by Sen. Ed Emery, R-Lamar, once again seeks to change what are known as “joinder” rules in Missouri.

Currently, someone can join someone else’s lawsuit over a tort — or harm — as long as they are suing over the same facts, about the same product or service and out of the same series of transactions. Joint cases can be tried in any Missouri court as long as one of the plaintiffs has standing to sue in that court — meaning that they live there, that the incident occurred there or that the company is located there.

If Senate Bill 7 were to pass, chances for plaintiffs to join cases would shrink. Most cases could only be joined and tried in a court where all plaintiffs are allowed to sue.

Courts in St. Louis are especially exploited due to plaintiff-friendly juries.  This dispute has shades of the medical malpractice venue controversy in Pennsylvania, in which tort reform advocates attempt to keep med mal cases out of Philadelphia.

The full story is here.

https://lawprofessors.typepad.com/tortsprof/2019/02/mo-joinder-tort-reform-bills-filed-again.html

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