Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

SOUTHERN DIVISION

MCDONALD’S CORPORATION d/b/a )

DELAWARE MCDONALD’S CORP., )

)

Plaintiff, )

)

vs. ) Case No. 6:25-cv-03241-MDH

)

FARRIS BROTHERS INVESTMENT )

COMPANY, et al., )

)

Defendants. )

ORDER

Before the Court is Defendants’ Motion to Strike Claims for Punitive Damages. (Doc. 26).

Defendants move to strike claims for punitive damages in the prayer for relief of Plaintiff’s

complaint arguing that Section 510.261, RSMo., prohibits initial civil pleadings seeking punitive

damages.

Plaintiff has filed suggestions in opposition stating the Motion should be denied because

federal courts in Missouri, including this Court, have uniformly held that § 510.261.5 does not

apply to pleadings in federal court. The Court agrees.

Courts in this District, including this Court, have uniformly adopted this reasoning and

denied requests to strike or dismiss prayers for punitive damages based on Mo. Rev. Stat. §

510.261.5. In Hogquist v. PACCAR, Inc., No. 3:21-CV-05013-MDH, 2021 WL 6050932 (W.D.

Mo. Dec. 21, 2021) (Harpool, J.), this Court denied defendant’s motion to strike the plaintiff’s

request for punitive damages, explaining:

…[T]he Western and Eastern District federal courts in Missouri have addressed

whether Mo. Rev. Stat. § 510.261 prohibits pleading punitive damages in an initial

complaint in federal court. Both Districts agree that § 510.261 is a procedural

pleading rule that is not applicable to federal courts exercising diversity

jurisdiction. See Rardon v. Falcon Safety Prod., Inc., No. 20-6165-CV-SJ-BP, 2021

WL 2008923, at *13 (W.D. Mo. May 4, 2021) (“[S]tate pleading rules do not apply

in federal court, and federal pleading rules do not prohibit a plaintiff from seeking

punitive damages in his Complaint”). . . .

Id. at *3.

Plaintiff also cites Kennemore v. Circle of Hope Girls Ranch & Boarding Sch., No. 6:22-

CV-03291-MDH, 2023 WL 6448847, at *1 (W.D. Mo. Oct. 3, 2023) (Harpool, J.) (denying motion

for order striking or dismissing prayer for punitive damages on the basis that “federal courts are

not bound by Missouri state-level pleading rules”); and Clubbs v. The Barnabas Foundation, No.

6:23-cv-03179-MDH (W.D. Mo. Oct. 4, 2023) (Harpool, J.) in support of denial of the motion.

After reviewing the record before the Court, and for the reasons set forth in Plaintiff’s

opposition, the Court DENIES the motion to strike claims for punitive damages. The Court makes

no ruling on whether Plaintiff may ultimately prevail on any such claim, or whether a claim for

punitive damages will ultimately be submitted to a jury.

IT IS SO ORDERED.

Dated: April 9, 2026

/s/ Douglas Harpool________________

DOUGLAS HARPOOL

UNITED STATES DISTRICT JUDGE