Skip to content

Posts from the ‘Uncategorized’ Category

Will Cancers From “Vaping” Be the Next Toxic Tort?

The new trend among smokers, those trying to quit, and even non-smokers, are electronic cigarettes, or e-cigarettes. These e-cigarettes are marketed as a same alternative to cigarettes, but are they really safe? If they are not safe, will diseases caused by e-cigarettes be the next wave of toxic tort litigation in the United States? This post explores the possible dangers and potential liabilities which may be related to these e-cigarettes, but unfortunately, it is too soon to tell whether e-cigarettes are a safe alternative to smoking, or just another carcinogen. Read more

Contractual Provisions Minimizing Exposure/Losses in Missouri and Illinois

Parties entering into commercial contracts in Missouri and Illinois have available to them a number of risk limiting and shifting devices. However, in order to be enforceable, they must be drafted with care. Courts are often reluctant to allow an unconscionable result occur in the enforcement of an agreement, but generally allow parties to freely contract; even to enter into a “bad bargain,” if they are sophisticated consumers. This article reviews a few of these devices, on a high level, and shows how certain language is either enforced or interpreted by the courts.  Read more