Richard A. Gartner, lawyers in St. Charles, MO, Missouri

Federal Teacher Protection Act -- Applicability

The federal Teacher Protection Act (TPA) applies to teachers, instructors, principals, administrators, school board members, and other educational professional or nonprofessional employees who work in a school and are called upon to maintain discipline or ensure safety.More...

Defendant's Wrongful Use of Process

It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose.More...

Vicarious Liability

A person may be liable for a tort even if he or she committed no wrong against a plaintiff. The doctrine of vicarious liability imposes liability on a person because of his or her relationship with the wrongdoer. The wrongdoer's liability is actually imputed to that person.More...

Federal Volunteer Protection Act -- Preemption of State Law

The federal Volunteer Protection Act (VPA) preempts state laws to the extent that such laws are inconsistent with the VPA. However, state laws that offer additional protections to volunteers are not preempted by the VPA. More...

Procedure in Cases Involving Recreational Boating Accidents

If a federal court has jurisdiction over a recreational boating accident, special procedural rules will apply to the accident. These special procedural rules include a lack of a right to a jury trial, rules regarding third parties, rules regarding venue, and whether federal or state law will apply to the accident.More...