No Pay No Play: Not Okay? Analyzing the Constitutionality of Missouri’s No Pay No Play Statute following Jiles v. Schuster Co.

Authors

Jorell Kuttenkuler

Abstract

This article analyzes the effects of Jiles v. Schuster Co. by looking at the case governing the decision, Watts v. Lester E. Cox Med. Ctrs. Evidence suggests Missouri has not historically upheld the “inviolate” right to a jury determination of damages, as established in that case, and thus casts doubt on the final decision reached in Watts v. Lester E. Cox Med. Ctrs. In Watts, the Supreme Court of Missouri found that statutory caps on non-economic damages stemming from medical malpractice were unconstitutional. Recent cases, such as Jiles, support the conclusion that the No Pay No Play statute falls within the same purview and likely is a violation of the Missouri Constitution. However, No Pay No Play could survive the challenge due to potential flaws in Watts and cases that have distinguished it.

First Page

316

Recommended Citation

Jorell Kuttenkuler, No Pay No Play: Not Okay? Analyzing the Constitutionality of Missouri’s No Pay No Play Statute following Jiles v. Schuster Co., 4 Bus. Entrepreneurship & Tax L. Rev. 316 (2020).
Available at: https://scholarship.law.missouri.edu/betr/vol4/iss2/9