Opinion handed down July 19, 2011
Link to Mo. Sup. Ct. Opinion
The case stemmed from a medical malpractice claim filed on the final day of the statutory limitation period for such suits. Following discovery the plaintiff dismissed several of the original defendants, initially unknown and identified as John and Jane Doe, and named multiple new defendants in an amended complaint. The new defendants argued that the claim against them should be dismissed, as it was barred by the running of the statute of limitations. The Supreme Court of Missouri, examining the applicable rules regarding the “relation back” of amendments, held the amendment did not fall within the statutory period and dismissed the claims against the new defendants,. In doing so, the Court clarified and strengthened the pleading standards necessary for “Doe” defendants to toll the statute of limitations.
Tuesday, July 19, 2011
Kansas City Premier Apartments, Inc. v. Mo. Real Estate Comm’n[1]
Opinion handed down July 19, 2011
Link to Mo. Sup. Ct. Opinion
Kansas City Premier Apartments, Inc., a corporation offering advertising and other services through its website, challenged Revised Statutes of Missouri §§ 339.010.1 and 339.010.7, which require a real estate license to perform certain activities. It contended that not only was it exempt from the statutes but also that the statutes violated numerous provisions of the United States and Missouri Constitutions. The free speech challenge is the issue of primary interest. The majority determined the relevant subsections under § 339.010 were permissible regulations of commercial speech. Meanwhile, the dissent unleashed an attack on the entire occupational licensing statutory scheme, and ultimately concluded that under a very recent U.S. Supreme Court ruling, the statute was unconstitutional as a violation of the First Amendment.
Link to Mo. Sup. Ct. Opinion
Kansas City Premier Apartments, Inc., a corporation offering advertising and other services through its website, challenged Revised Statutes of Missouri §§ 339.010.1 and 339.010.7, which require a real estate license to perform certain activities. It contended that not only was it exempt from the statutes but also that the statutes violated numerous provisions of the United States and Missouri Constitutions. The free speech challenge is the issue of primary interest. The majority determined the relevant subsections under § 339.010 were permissible regulations of commercial speech. Meanwhile, the dissent unleashed an attack on the entire occupational licensing statutory scheme, and ultimately concluded that under a very recent U.S. Supreme Court ruling, the statute was unconstitutional as a violation of the First Amendment.
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