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Practices

Complex, Class Action & MDLView Practice as PDF

In the area of complex litigation, class actions, and multi-district litigation, BSCR’s exceptional legal skills and business efficiency intersect, giving our firm an outstanding reputation defending these actions throughout the United States. The firm has been selected to serve as national and regional trial counsel in numerous federal multidistrict litigation and state coordinated proceedings, including in major product liability and Fair Labor Standards Act cases.

The breadth of our experience encompasses multiple practice areas and involves the frequent representation of Fortune 500 companies. With one of our attorneys having been involved in the drafting of rules that govern complex litigation, our firm has intimate knowledge of the process. Our experience also includes having acted as lead coordinating counsel in one of the seminal class action tort cases first filed in Missouri, and the handling of important appellate cases, including a groundbreaking case that established restrictions on filing class actions against pharmaceutical companies.

Another important skill we bring to complex litigation and class actions is our effective and efficient use of discovery. We understand the federal electronic discovery rules and various state rules; we effectively negotiate reasonable scope restrictions; and we apply state-of-the art data retention and search tools to unearth the facts of a case quickly.

We have handled class actions or complex litigation cases in the following industries: aerospace; agricultural; automotive; construction; food and beverage; banking, mortgage and financial; healthcare; hospitality; insurance; pharmaceutical and medical device; and, retail and consumer.

Our attorneys have experience in all aspects of class actions (whether state or federal), including certifying and decertifying class actions; providing notice to individual class action members; representing clients in fairness hearings; appealing district court orders granting or denying class action certification; and representing clients in “collective action” litigation.

For more information about our Complex, Class Action and Multi District Litigation practice contact Tom Sterchi at 816.448.9310 or John Cowden at 816.448.9347.

News & Events

Former Boston Scientific Corporation Chief Product Liability Litigation Officer Jeffery Kruse Joins Baker Sterchi Cowden & Rice

10.07.15 | Baker Sterchi Cowden & Rice LLC announces that Jeffery A. Kruse, former Chief Product Liability Litigation Officer at Boston Scientific Corporation, has joined the firm’s Kansas City office as a Member (partner)...

Law360 Article Includes Eisenberg Commentary on Supreme Court's Arbitration Decision in AmEx v. Italian Colors

06.24.13 | David Eisenberg was a contributing commentator to a Law 360 article on the significance of the U.S. Supreme Court's decision in American Express Co. et al. v. Italian Colors Restaurant, regarding the issue of class action arbitration waiver. Comments from David and attorneys across the country were included in the online publication on June 20, 2013 under the title "Attorneys React to High Court's Arbitration Ruling."

Law 360 Quotes Eisenberg on High Court Arbitration Ruling in Oxford Health Plans v. Sutter

06.12.13 | David Eisenberg was a contributing commentator to a Law 360 article on the significance of the U.S. Supreme Court decision in Oxford Health Plans v. Sutter, regarding arbitrabiity of class action claims. The article "Class Action Attorneys React to High Court's Arbitration Ruling" is available to Law 360 subscribers.

Cowden Speaks at Conference on Missouri Class Action Developments

11.16.12 | John Cowden was one of several attorneys that spoke at a recent Class Action Conference in Tennessee. Cowden spoke on class action developments and trends in Missouri, including developments in settlements, e-discovery, attorney fee awards, and consumer fraud act decisions with an emphasis on significant automotive lawsuits.

Eisenberg to Participate on ALFA International Client Seminar Panel

09.23.11 | At the 2012 ALFA International Client Seminar, David Eisenberg will appear on a panel that will discuss "Class Actions after Wal-Mart v. Dukes." The seminar, hosted by the Labor & Employment Practice Group, is scheduled for March 8-11, 2012 at the Westin Kierland Resort & Spa in Scottsdale, AZ.

Higgins Article to be Published in ABA Newsletter

07.01.10 | Angela Higgins has written an article on severance of multiple claims in a complex tort case and removal to federal court, which will be published in the Summer 2010 edition of the ABA Tort and Insurance Practice Section Newsletter.

Results

BSCR Obtains Complete Dismissal of Cases Against Pharmaceutical Client

In 2007, Plaintiffs began filing lawsuits against four pharmaceutical manufacturers and sponsors of gadolinium based contrast agents ("GBCAs") alleging that the GBCAs caused or contributed to cause a rare disease now known as nephrogenic systemic fibrosis ("NSF"). Close to 1000 cases were filed in various state and federal courts over a period of four years. . .

No-Payment Dismissal of Claims Secured for Product Supplier in Wrongful Death Jet Crash

BSCR secured dismissal of our client, a hydraulics system product supplier, in a case in which plaintiffs sued multiple parties alleging mechanical defects in the hydraulic system of a jet airliner causing the crash and death of all passengers and crewmembers. The case, filed in Cook County, Illinois, included mechanical, electrical and hydraulic engineering issues. . .

Blog Posts

Mere Designation of an Expert Witness Does Not Waive the Work Product Doctrine Protections

11.02.16 | A Missouri plaintiff did not irrevocably waive the protections of the work product doctrine simply by designating an expert witness and then withdrawing the designation without disclosing the expert’s analysis or conclusions.

The Eighth Circuit Applies Recent U.S. Supreme Court Ruling in Spokeo to Affirm Dismissal

10.14.16 | The U.S. Court of Appeals for the Eight Circuit affirms a motion to dismiss, ruling that a plaintiff alleging a statutory violation must establish a “concrete injury.”

Constructive Discharge Claims: When Does the 45-Day Period for Initiating Contact with the EEOC Begin to Run?

06.08.16 | On May 23, 2016, the U.S. Supreme Court decided the case of Green v. Brennan in order to resolve a split among the Circuits on whether, in an action for constructive discharge, the 45-day limitation period for the employee to initiate contact with the EEOC begins to run after the employer’s last discriminatory act, or at the time of the employee’s resignation.

Forget the Pitchers - The H.E.A.T. Team Brought the Real Heat in October

11.10.15 | In October, the Department of Justice’s special health care fraud prevention team announced settlements of more than $719 million. The settlements involved allegations of illegal kickbacks, unnecessary medical treatments and premature implantations of medical devices.

The Eighth Circuit Provides Clarity on Outside Sales Exemption and Waiver Requirements under FLSA

04.01.15 | The Eighth Circuit recently analyzed the application of the “outside sales” and “administrative” exemptions under the Fair Labor Standards Act in the context of promotional workers. Also, the Court was asked to decide, for the first time, what constitutes a valid waiver of an employee’s rights under the FLSA.

The Supreme Court's Jurisdictional Stretch in Resolving the Evidence Needed to Support a CAFA Removal

01.06.15 | A defendant removing a case to federal court under the Class Action Fairness Act need not provide evidence proving the jurisdictional amount in controversy in the notice of removal. A “short and plain statement of the grounds for removal” is sufficient.

Mississippi v. Au Optronics: Will There be an Increase in Parens Patriae Suits?

01.22.14 | On January 14th, the Supreme Court issued its decision in Mississippi ex rel. Jim Hood, Attorney General v. Au Optronics Corp., et al., No. 12-1036, 2014 U.S. LEXIS 645, and made clear that in order to sustain a "mass action" in federal court pursuant to the Class Action Fairness Act of 2005 ("CAFA"), plaintiffs must be named parties before the court.

Eighth Circuit Weighs In on CAFA Removal, and the "Other Paper" Clause

07.26.13 | Exactly when, during the course of a state court class action, that case may have become removable to federal court, can be a tricky question. Defendants must act within 30 days from when it can "first be ascertained that the case is one which is or has become removable", or forfeit their right to remove. On the other hand, if the court deems a removal premature, the case may be remanded.