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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, 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.

Admissions

  • Ohio
  • Missouri
  • Kansas
  • USDC, Western District of Missouri
  • USDC, District of Kansas

Education

  • University of Minnesota, J.D., cum laude, 1992
    • ABA Moot Court
  • Indiana University, B.S. (Business), 1989

Memberships & Activities

  • ALFA International
    • Steering Committee, Women's Initiative Practice Group
  • Kansas City Metropolitan Bar Association
  • Missouri Organization of Defense Lawyers

Publications

  • Contributor: ALFA International Construction 50 State Compendia - Missouri Section (2016).
  • Co-Author: "The Principal's Subcontractors: Payment Bond Issues and Ratification Agreements," American Bar Association, Tort Trial & Insurance Practice Section, Fidelity and Surety Law Committee (2016).
  • Contributor: Defense Research Institute (DRI) Construction Litigation Desk Reference – Kansas Section (2015).

Results

BSCR Obtains Jury Verdict for Insurance Client in Breach of Contract Action

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...

Dismissal Obtained for Surety Client in Bond Claim

BSCR 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. . .

Defense of Fidelity & Surety Client Results in Summary Judgment

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. . .

Blog Posts

Missouri Supreme Court: There Must be Sufficient Evidence at Trial to Support Each Alternative of a "Disjunctive" Jury Instruction

03.07.19 | 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 and Fraudulent Conduct by an Out-of-State Defendant

09.18.18 | 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...

ANTI-FORUM SHOPPING: Limitation on Joinder in Missouri on the Horizon

06.18.18 | 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.

Verdict Based on Disjunctive Jury Instruction Gets Junked

02.13.18 | 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 Pro Hac Vice requirements demand active participation by a licensed Kansas attorney of record

09.14.15 | 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:

Timing of discovery and the pleading of punitive damages in Kansas

06.29.15 | 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

The High Standard for Inclusion of a Claim for Punitive Damages in Kansas

11.26.14 | 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.

Punitive Damages Part 1: Don't Get Caught Flat-Footed

04.29.14 | A Kansas plaintiff may amend their pleadings to assert punitive damages up until the day of the pretrial conference.