Shook, Hardy & Bacon has long been recognized as one of the premier litigation firms in the country. For more than a century, the firm has defended companies in their most substantial national and international products liability, mass tort and complex litigation matters.
The firm has leveraged its complex product liability litigation expertise to expand into several other practice areas and advance its mission of “being the best in the world at providing creative and practical solutions at unsurpassed value.” As a result, the firm has built nationally recognized practices in areas such as intellectual property, environmental and toxic tort, employment litigation, commercial litigation, government enforcement and compliance, and public policy.
Shook Partner Jason Scott and Associate Erin Fishman have authored an article for Missouri Lawyers Weekly on waiver of subrogation provisions, which can be used to cover...
United States
Shook Partner Jason
Scott and Associate Erin
Fishman have authored an
article for Missouri Lawyers Weekly on waiver of
subrogation provisions, which can be used to cover gross negligence
claims in contracts. Scott and Fishman explain the majority rule in
courts across the country and examine how Missouri courts have
considered the issue.
Missouri courts have not ruled on the applicability of waivers
of subrogation in relation to gross negligence claims, Scott and
Fishman note, but "a review of relevant case law discussing
the ability to contract for insurance to cover gross negligence or
willful or wanton misconduct provides some indication of how
Missouri courts will treat this issue." Fishman and Scott
examine multiple cases that may provide guidance on Missouri
courts' reasoning, concluding that the existing case law
"heavily suggests that Missouri will enforce waivers of
subrogation against claims of gross negligence."
Contributor
Shook, Hardy & Bacon has long been recognized as one of the premier litigation firms in the country. For more than a century, the firm has defended companies in their most substantial national and international products liability, mass tort and complex litigation matters.
The firm has leveraged its complex product liability litigation expertise to expand into several other practice areas and advance its mission of “being the best in the world at providing creative and practical solutions at unsurpassed value.” As a result, the firm has built nationally recognized practices in areas such as intellectual property, environmental and toxic tort, employment litigation, commercial litigation, government enforcement and compliance, and public policy.
