Noemi Donovan focuses her practice on surety bond litigation matters, debtor-creditor rights, premises liability and general business and civil litigation. She has represented numerous surety companies on a wide variety of bond matters in both Missouri and Kansas, including performance bonds, public official bonds, wage and welfare bonds, motor vehicle dealer bonds and notary bonds. In addition, she has worked with lending and financial institutions on loan origination and creditor issues.
Prior to joining the firm, Noemi practiced in Ohio representing clients in all phases of litigation as well as working as a lobbyist on both the state and federal levels. While in law school, she also worked in the legal department of a Fortune 500 company and for the United States District Court, District of Minnesota. Noemi graduated cum laude from the University of Minnesota Law School in 1992.
- USDC, Western District of Missouri
- USDC, District of Kansas
- University of Minnesota, J.D., cum laude, 1992
- Indiana University, B.S. (Business), 1989
Baker Sterchi Cowden & Rice obtained a verdict in favor of client Western Surety Company on a breach of contract action against T&L Zarda, LLC, Tim Zarda and Lisa Zarda. The case arose out of the Zardas' request that Western Surety Company issue a development bond guaranteeing...
Baker Sterchi has obtained dismissal of client Old Republic Surety in a case involving a claim on a public official bond pending in the United States District Court for the Eastern District of Missouri, Northern Division. . .
BSCR's defense of a notary in a Clay County, Missouri action resulted in summary judgment in favor of our client, the fidelity and surety insurer of the notary. In this case, plaintiff sought to recover under a notarial bond issued by our client to insure faithful performance of its principal, a notary. . .
| Johnson and Johnson ("J&J") has asked the United States Supreme Court to overturn the $2.1 billion verdict entered against it in Ingham, et al. v. Johnson & Johnson, et al., a talcum powder class action filed in Missouri that included numerous non-resident plaintiffs.
| A recent decision by the Missouri Court of Appeals, Southern District, demonstrates the importance of specifically crafted non-compete provisions in employment contracts.
| As we previously reported, last week, Kansas Governor Laura Kelly issued Executive Order 20-06 prohibiting evictions, foreclosures and any related judicial proceedings in the State of Kansas through May 1, 2020. Now, Governor Kelly has issued Executive Order 20-10, which amends and supersedes the previous order and provides additional clarification on certain points
| In response to the COVID-19 pandemic, Kansas Governor Laura Kelly issued Executive Order 20-06 on March 17, 2020, prohibiting evictions, foreclosures and any related judicial proceedings in the State of Kansas through May 1, 2020.
| The Missouri Supreme Court's recent holding in Kader v. Bd. of Regents underscores the importance of ensuring that each alternative of a disjunctive verdict directing instruction is supported by sufficient evidence at trial.
| The Missouri long-arm statute provides that an out-of-state defendant can be subject to personal jurisdiction in Missouri when it commits a tortious act within Missouri. The issue of what constitutes a tortious act within Missouri is not always evident, especially when...
| The Missouri Legislature introduced bills during its most recent legislative session to curtail forum shopping of class action plaintiffs in Missouri. This anti-forum shopping legislation, while not ultimately enacted into law, would have limited out-of-state plaintiffs from joining lawsuits involving local claims against out-of-state defendants.
| A recent ruling by the Court of Appeals for the Eastern District of Missouri illustrates the perils of using disjunctive verdict directing instructions. In Kader v. Bd. of Regents, the court reversed a $2.5 million verdict against Harris-Stowe State University (“HSSU”) and remanded the case for a new trial based upon instructional error in the disjunctive verdict directing instruction.
| Kansas Supreme Court Rule 116 governs the pro hac vice admission requirements for an out-of-state attorney and sets forth the responsibilities of the Kansas attorney. Rule 116(b) states that the Kansas "attorney of record under subsection (a)" must:
| In Kansas, if a pleading asserts a cause of action which can later be amended to include a claim for punitive damages, both parties should seek discovery to support or defend such a claim before the motion to amend the pleading to add punitive damages is filed
| Successfully including a claim for punitive damages in a pleading is more difficult in Kansas than in other jurisdictions. A Kansas plaintiff cannot proceed with a claim for punitive damages without first applying to the trial court and requesting permission to amend a petition to include a claim for punitive damages.
| A Kansas plaintiff may amend their pleadings to assert punitive damages up until the day of the pretrial conference.