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John Cowling
St. Louis, Missouri
www.armstrongteasdale.com/johncowling
Interests: John Cowling is a Partner at Armstrong Teasdale LLP and practices primarily in the areas of commercial litigation, environmental litigation, information technology law. John is also the President of Lawgical Choice, a company that provides legal technology services to law firms and legal departments.
Recent Activity
The Missouri Court of Appeals for the Western District, in Lewis v. Gilmore, finds: Nothing in the Workers' Compensation Act prohibits an employee or his dependents from recovering workers' compensation from one employer and tort damages from another employer who failed to secure workers' compensation insurances for its employees. In... Continue reading
Posted Apr 16, 2011 at Missouri Law Blog
Senate Bill 188 passed and is sent to Nixon for signature. According the the Missouri Chamber of Commerce: Language in the bill approved by the Senate is crafted to reflect federal standards used in the Title VII and the Civil Rights Act of 1964. SB 188 seeks to address problems... Continue reading
Posted Apr 16, 2011 at Missouri Law Blog
The EEOC issued new regulations on when an employee qualifies as disabled. http://www.eeoc.gov/eeoc/newsroom/release/3-24-11.cfm While the regs list some particular impairments such as diabetes, HIV infection and bipolar disorder, most of these would have been considered diabilities prior to the issuance of the regulations. The regs are not a radical departure.... Continue reading
Posted Mar 26, 2011 at Missouri Law Blog
SB 8 passed the Missouri Senate. This bill would protect employees from being sued by a coworker for work place accidents and would require occupational diseases to be covered by workers' compensation. The companion House bill, HB 162 is in the Senate Judiciary Committee. SB 188 passed the Senate and... Continue reading
Posted Mar 23, 2011 at Missouri Law Blog
Companies being sued for false patent marking won an important victory on March 15, 2011, when the United States Court of Appeals for the Federal Circuit ruled that plaintiffs must meet heightened pleading standards in their cases. This opinion assists defendants challenging false patent marking actions at the earliest stage... Continue reading
Posted Mar 17, 2011 at Missouri Law Blog
In this new case, the Missouri Court of Appeals, Eastern District, held that an insurer that had paid its policy limits in full settlement of one claim arising from an incident was no longer required to provide a defense to the insured in connection with another claim arising from the... Continue reading
Posted Mar 15, 2011 at Missouri Law Blog
Here is a rare case from the Missouri Court of Appeals, Western District, sitting en banc, with two separate opinions. The case provides a very detailed discussion of whether an arbitration provision in a contract between an insurer and a chiropractor is enforceable. The court concludes that the agreement is... Continue reading
Posted Mar 11, 2011 at Missouri Law Blog
John Cowling added a favorite at Missouri Law Blog
Mar 11, 2011
The ambulance company that fired a worker after she criticized her supervisor and employer on Facebook has settled a complaint issued by the National Labor Relations Board (NLRB). Under the accord, which was announced this week in an NLRB press release, American Medical Response of Connecticut, Inc., agreed it would... Continue reading
Posted Mar 11, 2011 at Missouri Law Blog
The first suit attempting to challenge the Missouri Second Injury Fund's imminent insolvency was filed in federal court in St. Louis this week. According to Attorney General Koster, there are 27,000 Second Injury Fund cases pending with liability claims over $189 million. The suit attempts to invalidate the 3% surcharge... Continue reading
Posted Mar 9, 2011 at Missouri Law Blog
Barrera v. Boughton, 2010 WL 3926070 (D. Conn. Sept. 30, 2010) Note: This is not a Missouri case, but would have relevance in federal cases in federal court in Missouri. Despite diligent efforts, the parties were unable to reach agreement regarding the appropriate scope of a search for responsive information.... Continue reading
Posted Mar 9, 2011 at Missouri Law Blog
Instructive Case on Admission of Business Records Bank v. Smith.pdf Continue reading
Posted Mar 9, 2011 at Missouri Law Blog
Hearing were held on an employment discrimination reform bill, HB 205, on January 31, 2011. The bill includes provisions limiting punitive damage awards in employment cases, limits common law causes of action, and requiring plaintiff to prove that the protected criteria was the motivation factor in the alleged unlawful action.... Continue reading
Posted Mar 9, 2011 at Missouri Law Blog
Mo. HB 133 specifies that every employer who is subject to the workers’ compensation provisions of Chapter 287, RSMo, must be liable to furnish compensation for the personal injury or death of an employee by occupational disease arising out of and in the course of the employee’s employment. Continue reading
Posted Mar 9, 2011 at Missouri Law Blog
HB 160 -- Co-Employee Liability for Negligence Mo. HB160 Sponsor: Brandom This bill requires co-employees to be released from liability for negligence in performing the nondelegable duty of an employer to provide a safe workplace when the negligence contributes to another employee’s personal injury or death unless the employee engaged... Continue reading
Posted Mar 9, 2011 at Missouri Law Blog
HCS HB 91 -- WORKERS’ COMPENSATION LIABILITY SPONSOR: Fisher (Nolte) COMMITTEE ACTION: Voted "do pass" by the Committee on Workforce Development and Workplace Safety by a vote of 12 to 0. This substitute specifies that an employer and his or her employees will not be liable for any injury or... Continue reading
Posted Mar 9, 2011 at Missouri Law Blog
The National Labor Relations Board (NLRB) filed a complaint against an emergency medical response company that fired an employee for violating a policy of barring employees from commenting on the company on Facebook or other social media. An employee was upset when the employer refused to allow her union rep... Continue reading
Posted Mar 9, 2011 at Missouri Law Blog
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Mar 9, 2011