Category Archives: Missouri

Gavel

Nothing Personal – Missouri District Court Holds that Defendant’s Nationwide Retail Website Does Not Subject it to Specific Jurisdiction


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In Allied Ins. Co. of Am. v. Jpauljones L.P. & Tek Elec. Co., 1:19-CV-00237-SNLJ, 2020 U.S. Dist LEXIS 179225, the United States District Court for the Eastern District of Missouri considered whether defendant Jpauljones, L.P. (JPJ) was subject to specific personal jurisdiction in Missouri because its website sold products to Missouri residents. The court held that the defendant’s nationwide retail website, with no particular focus or target on Missouri, does not in itself subject the defendant to specific jurisdiction in Missouri. This case further narrows the reach of specific jurisdiction based solely on the defendant’s direct internet-based sales into the forum. Continue reading

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Signing Agreement

District Court of Missouri Limits Whining About the Scope of Waiver of Subrogation Clauses in Wine Storage Agreements


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In Netherlands Ins. Co. v. Cellar Advisors, LLC, 2019 U.S. Dist. Lexis 10655 (E.D. Mo.), the United States District Court for the Eastern District of Missouri considered the scope of a waiver of subrogation clause in two wine storage agreements. The court held that the subrogation waivers were limited in scope and, potentially, did not apply to the damages alleged in the pleadings. This case establishes that, in Missouri, waivers of subrogation are narrowly construed and cannot be enforced beyond the scope of the specific context in which they appear. Continue reading

This entry was posted in Contracts, Missouri, Subrogation, Waiver of Subrogation and tagged , , .