Missouri passes bill to limit lawsuits filed in plaintiff-friendly St. Louis City
The Missouri Legislature passed a bill Wednesday intended to keep out-of-state plaintiffs from loading Missouri courts with lawsuits because they might be more likely to get a favorable outcome.
The measure revises the state’s venue and joinder law, which regulates where plaintiffs can get cases heard. The changes were meant to reflect a February ruling by the Missouri Supreme Court.
In a 4-3 decision, the court found that a St. Louis City Circuit Court judge incorrectly allowed a suit by a St. Louis County plaintiff against New Jersey-based Johnson & Johnson to move forward in his court. The matter should have been heard in St. Louis County, justices said.
In recent years, plaintiffs from around the country have won multi-million dollar verdicts from St. Louis City juries in suits against big companies like Johnson & Johnson, which has defended against charges that its talcum powder caused cancer.
The avalanche of cases filed in St. Louis City have led to complaints that state law allows plaintiffs too much freedom to join multiple cases together into single actions. Trial attorneys have countered that joining cases increases efficiency and cuts down on legal costs.
The bill, which would stop the practice, allows for cases filed prior to the Feb. 13 supreme court decision to have a hearing by Aug. 28 to determine whether they will remain in their current court.
That provision was concession to detractors to get the bill across the finish line, according to the sponsor, state Sen. Ed Emery, R-Lamar. The Senate bill, opposed by Democrats, sparked an overnight filibuster earlier in the session.
“There were significant compromises made on the bill,” Emery, R-Lamar, said.
The Missouri House approved the Senate bill along a party line vote Wednesday.
Opponents there took issue with the “innocent seller” section of bill, which requires those injured by a product to sue where the manufacturer is headquartered.
Oftentimes, litigants would sue the local store where they bought the product, along with the manufacturer. The store would be dismissed from the case but it would stay in state.
“We are eliminating our ability for our constituents to get their lawsuits heard at home,” state Rep. Mark Ellebracht, D-Liberty, said.
The bill has received backing from those often named in the lawsuits like Monsanto, General Motors, Pfizer and Missouri hospitals.
It now goes to Gov. Mike Parson, who has already signaled his approval.
“Passing venue and joinder reform is a huge win and will provide long overdue relief to Missouri businesses that have been taken advantage of by rampant abuse of our state’s legal system,” Parson said in a statement. “...I look forward to signing these positive reforms to improve our state’s competitiveness, strengthen our legal climate, and bring fairness to our courtroom.”