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Missouri Chamber federati n MISSOURI CHAMBER FOUNDATION A NEW APPROACH TO MEDICAL PLANS FOR SMALL EMPLOYERS As today’s small businesses continue to search for cost-saving health health coverage options, the Missouri Chamber of Commerce and Industry and the Missouri Chamber Federation have taken action to help. We have teamed up with Anthem Blue Cross and Blue Shield in Missouri to create a new health program that can lead to more rate stability and is a smart solution that offers potential savings for groups with 50 or fewer eligible employees. This new self-funded medical offering is a multiple employer welfare arrangement, often called a MEWA, enabling smaller employers to join together to share in the overall claims risk. THIS INNOVATIVE ALTERNATIVE OFFERS: • Competitive medically underwritten rates • Fixed, predictable monthly payment • A variety of plan designs, including 10 PPO and three HSA options • Anthem’s Blue Access, Blue Access Choice, Blue Preferred networks and Traditional Open formulary • Coverage for claims run-out / terminal liability coverage Visit mochamber.com/MEWA to learn more and receive a quick cost estimate. You can also contact any of the participating broker agencies below. SINCE 1885 cornerstoneinsurancegroup.com craneagency.com croleyinsurance.com myedbenefits.com 877-908-8989 800-264-8722 888-830-3520 417-889-6345 TIGadvisors.com/SmallEmployers jwterrill.com ollisakersarney.com 800-752-3376 800-279-7728 800-637-7309 sonusbenefits.com stitzinsurance.com wallstreetins.com winter-dent.com 888-468-6893 314-821-1946 573-636-3222 573-634-2122 The descriptions of products and services are intended as general information for members of the Missouri Chamber of Commerce and Industry, the Missouri Chamber Federation, and members of the member Chambers that comprise the Missouri Chamber Federation. The information contained herein is not intended, targeted, or marketed for use by the general public. 34 MISSOURI BUSINESS
LEGAL ISSUES Missouri Supreme Court case highlights the need for venue and joinder reform By Justin Arnold On Sept. 12 the Missouri Supreme Court, in a decision written by Judge Brent Powell, ruled against Abbott Laboratories and upheld nearly $40 million in damages to a Minnesota plaintiff in a case tried in the City of St. Louis. Very brief background: The case, involving Minnesota plaintiff Maddison Schmidt, alleged product liability injuries from the drug Depakote, manufactured and marketed by Abbott Laboratories. All of the plaintiff’s claims occurred in Minnesota. Schmidt filed the case in St. Louis along with (among other outof-state plaintiffs) four St. Louis City plaintiffs who claimed similar injuries from Depakote. One important note: Personal jurisdiction was waived by Abbott Laboratories, and therefore the recent Bristol-Myers Squibb decision by the U.S. Supreme Court was not discussed and was not applicable. The Missouri Supreme Court upheld a verdict of $15 million in compensatory damages and $23 million in punitive damages (the punitive damages and failure-to-warn claims were decided under Minnesota law). The decision: While the case has some nuances, the big takeaway is that it turns on the current state of venue/joinder in the State of Missouri. The Minnesota plaintiff was joined with St. Louis residents in order to satisfy the current venue requirements set forth in section 508.010 of the Missouri Revised Statutes. Had the case with the Minnesota plaintiff been filed by itself in St. Louis City, venue would not have been proper, as Abbott Labs has its registered agent in St. Louis County. Under the current venue/joinder regime in the state of Missouri, an out-of-state plaintiff need not independently show venue is proper as for each individual plaintiff. The plaintiffs established venue by joining the Minnesota plaintiff with plaintiffs alleging injuries that occurred in St. Louis City. Under Supreme Court Rule 84.13(b), failing to transfer venue or sever claims requires a showing of prejudice that materially affects the outcome of the action. While the case was separated for trial and tried separately from the St. Louis City claims, the Supreme Court found that leaving the case in St. Louis City did not rise to that level of prejudice required under 84.13. Here is why it matters: First, the finding is troubling and highlights the almostinsurmountable burden a business faces in trying to overcome the requirement to show it was prejudiced by the failure to transfer or sever the claims. Second, if the current venue and joinder statutes are not fixed in the 2018 legislative session, awards such as the one in this case could continue. While the recent personal jurisdiction jurisprudence will further limit cases brought and adjudicated in St. Louis City, the venue and joinder statutes still leave a wide-open hole for trial attorneys to funnel out-of-state cases into the City of St. Louis. One solution is to amend sections 507.040 and 507.050 of the Missouri Revised Statutes to require that each individual plaintiff joined in a single action show that personal jurisdiction is proper for each defendant and that proper venue is established for each defendant independent of claims against any other defendant. In addition, the venue statute in 508.010 must be amended to include language that the venue for each plaintiff and each defendant cannot be established simply by joinder or intervention. Similar legislation was proposed in the 2017 legislation session, and misjoinder/venue legislation is expected to be filed in the 2018 session. Venue and joinder reform would fix this problem and should be a top priority. Justin Arnold is the General Counsel for Missouri Chamber of Commerce and Industry MOBIZMAGAZINE.COM 35
Page 1 and 2: THE MAGAZINE OF THE MISSOURI CHAMBE
Page 3 and 4: The 2017 Leadership Missouri class
Page 5 and 6: OUR VIEW We are building something
Page 7 and 8: YOUR VIEW DATA DIVE Many Missourian
Page 9 and 10: FIGHTING HUMAN TRAFFICKING WITH ATT
Page 11 and 12: Elevate your event monumentally. It
Page 13 and 14: Moresource ® handles ALL of these
Page 15 and 16: Rebuilding 65 Planned closures spee
Page 17 and 18: In addition, the department develop
Page 19 and 20: A visit from Vice President Mike Pe
Page 21 and 22: WILLIAM GREENBLATT By summer, the n
Page 23 and 24: ON HIS APPROACH TO IMPROVING MISSOU
Page 25 and 26: SPECIAL REPORT Progress! Two years
Page 27 and 28: CASEY BUCKMAN Our investment in the
Page 29 and 30: Accomplishments: Policy For many ye
Page 31 and 32: IMPROVING WORKFORCE TRAINING In add
Page 33 and 34: DREAM IT. DO IT. The Missouri Chamb
Page 35: HR UPDATE People with disabilities
Page 39 and 40: FOCUS ON GROWTH New study: Missouri
Page 41 and 42: Time Traveler revealed Silver Dolla
Page 43 and 44: Leadership Visions Jefferson City J
Page 45 and 46: MILESTONES Cape Girardeau Area Cham
Page 47 and 48: EMPLOYERS! FREE BENEFIT for your EM
Page 49 and 50: tons of coal, according to the arti
Page 51: Health insurance costs keep rising?

Winter2017

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