Chandler Atkins and Dustin Goldberger Successfully Strike Punitive Damages Claims in Employment Case

In an employment case brought under the Missouri Human Rights Act alleging punitive damages, Chandler Atkins and Dustin Goldberger filed a Motion to Strike Plaintiff’s allegations of punitive damages.  They argued that such claims are prohibited in the initial petition and until leave is granted which must be supported by evidence pursuant to the recently enacted Missouri Statute 510.261.  The opposition argued that the statute should not be applied because it conflicted with the Missouri Human Rights Act, Missouri Rules of Civil Procedure, and the Missouri Constitution.  After hearing oral argument, the trial court granted the Motion to Strike, striking punitive damages from the Petition.