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Bryan Mouber practices in the areas of commercial and financial litigation and arbitration. He is also a member of the firm’s product liability and drug and medical device practice groups. He serves on the faculty at the University of Missouri-Kansas City Henry W. Bloch School of Management as an adjunct professor of commercial transactions and teaches constitutional law at Penn Valley Community College. While in law school, Bryan was a clerk for Judge Nanette K. Laughrey, United States District Court for the Western District of Missouri and also for the United States Attorney's Office. Prior to law school, he worked as a financial analyst.

Admissions

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

Education

  • University of Missouri - Kansas City School of Law, JD, with distinction, 1999
    • UMKC Law Review
  • Georgetown University, BSBA (finance, marketing), cum laude, 1993

Memberships & Activities

  • Missouri Organization of Defense Lawyers
  • Mortgage Bankers Association
  • Kansas City Metropolitan Bar Association
  • FINRA Arbitrators
    • Arbitrator Recruitment Ambassador Initiative
  • Western District of Missouri Mediation Panel
  • Lionsgate Capital Improvements Committee

Certifications

  • Approved public arbitrator for the Financial Industry Regulatory Authority (FINRA).
  • Approved outside mediator for the U.S. District Court for the Western District of Missouri MAP program.

Community Involvement

  • Teaching Aquatics, Inc. (a Kansas non-profit), President

News & Events

Mouber Promoted to Member of the Firm

02.01.13 | The firm is pleased to announce the promotion of Bryan Mouber to Member effective January 1, 2013. Mouber practices in the areas of commercial and financial litigation and arbitration. He is also a member of the firm's product liability and drug and medical device practice groups. . .

Mouber Chosen to Serve at Adjunct Professor of Commercial Transactions

10.04.11 | Bryan Mouber was chosen to serve on the faculty at the UMKC Bloch School of Management as an adjunct professor of commercial transactions.

BSCR Attorneys Prepare and File PLAC Amicus Brief with Missouri Supreme Court

06.03.10 | At the request of the Product Liability Advisory Council (PLAC), Tom Rice, Angela Higgins and Bryan Mouber prepared and filed with the Missouri Supreme Court an amicus brief on behalf of Ford Motor Company. The primary focus of the amicus brief addressed whether Missouri law on proximate cause allows a plaintiff to argue in a product liability case that she would not have purchased the product in question (five years before her accident) had the manufacturer provided her with "adequate" warnings about the product's safety performance during an accident.

Results

BSCR Obtains Unanimous Jury Verdict for Retail Gas Station Client

Baker Sterchi Cowden & Rice obtained a defense verdict against the Missouri Department of Natural Resources and the Missouri Office of the Attorney General after a two-week jury trial in Jackson County, Missouri at Kansas City.

Defense Verdict for BSCR Client in Consumer Protection Act, Lemon Law and Magnuson-Moss Case

After a four-day trial in state court, Wichita, Kansas, a Sedgwick County jury unanimously returned a defense verdict on all issues in favor of BSCR's client. Plaintiffs had made claims under the Kansas Lemon Law, Kansas Consumer Protection Act, the Uniform Commercial code and the Magnuson-Moss Act. . .

Blog Posts

Kansas Saving Statute Only Works Once

06.27.17 | The Kansas savings statute, K.S.A. 60-518, may not be invoked after the expiration of 6 months following the dismissal of the original timely action.

Reunited and it Feels so Good

05.09.17 | Standing in a foreclosure case requires possession of an enforceable note at the time the foreclosure is filed. A mortgage and note may be later reunited and be enforceable.

Practice Reminder: A Motion to Compel Arbitration Does not Alter the Time to Answer

12.29.16 | A Motion to Compel Arbitration is not one of the motions under Fed.R.Civ.P. 12(b) that extends the time to answer under Fed.R.Civ.P. 12(a)(1). In order to avoid filing an answer, defendants should file a Motion to Dismiss or, in the alternative, To Compel Arbitration.

Kansas Court of Appeals Upholds Noneconomic Damages Cap Again

03.28.16 | K.S.A. § 60-19a02, establishing caps on recovery for noneconomic damages in personal injury actions, is constitutional as applied to personal injuries resulting from collisions between motor carriers and motor vehicles.

Practice Tip: Like Milk or Eggs, Your Settlement Offer Needs an Expiration Date

03.21.16 | In Missouri, a settlement offer that does not include time limits or a condition that it be accepted before the court rules on summary judgment, remains open for a "reasonable period of time". Even after summary judgment has been granted, the losing party can accept an open settlement offer, reasonably soon after the offer was made.

"Excusable neglect" is a real standard requiring real evidence (Updated 01.04.2016)

01.04.16 | While a Kansas court may grant relief from a final judgment based on excusable neglect, it is an abuse of discretion to grant that relief when the party seeking that relief has failed either to explain what facts constituted excusable neglect or to provide any evidence to support that claim.

Prevailing-party agents entitled to attorney's fees

02.09.15 | An agent may recover attorney's fees when enforcing a principal's contract if: the agent is granted the express authority to enforce the contract in the contract itself, the contract contains an attorney's fees provision, and the agent is the prevailing party.

State's "Right to Try" Legislation Hangs Drug and Device Manufacturers Out to Dry.

01.20.15 | Kansas has joined a short, but growing, list of states introducing legislation purporting to give terminally ill patients the option to try drug treatments not yet approved by the FDA, but which have passed Phase One FDA testing. However, the legislation does not incentivize any manufacturer to provide such drugs and in fact potentially exposes a manufacturer who does provide access to additional risk of lawsuits.

In a differential etiology, experts need not rule out all possible causes

06.23.14 | Experts are not required to rule out all possible causes when performing the differential etiology analysis if the experts have properly ruled in the alleged cause.

Kansas abolishes assumption of the risk defense.

04.21.14 | Based on its adoption of a statutory scheme of comparative negligence, Kansas has abolished common law assumption of the risk as a bar to recovery. Simmons v. Porter, 298 Kan. 299, 312 P3d 345, 355 (Kan. 2013).

A mundane lesson from an important decision, or, the importance of presenting evidence

03.20.14 | The plaintiff has the burden of proving standing, which is a jurisdictional issue that can be raised at any time.

Kansas Supreme Court Issues Ruling in School Finance Case

03.07.14 | This morning, in a decision of interest to many residents and practitioners in Kansas the Supreme Court of Kansas issued its long-anticipated ruling in the school finance case, and held:

No Signed Settlement Necessary, Except When It Is

02.25.14 | In Kansas, the parties bind themselves to an enforceable settlement, even though the parties contemplate subsequent execution of a formal instrument. However, when the parties specifically condition a contract on it being reduced to writing and signed, there is no enforceable contract until such act is accomplished.

If You're Trying To Get Documents From A Kansas Resident, Subpoena First, Ask Questions Later

08.28.13 | Kansas, like many other jurisdictions, does not recognize the tort of spoliation absent another independent tort, contract, agreement, voluntary assumption of a duty, or special relationship. Kansas has also held that neither a commercial relationship nor knowledge of pending litigation is the type of special relationship that creates a duty to preserve documents.

The economic loss doctrine does not bar negligent misrepresentation claims in Kansas

08.05.13 | On July 26, 2013, the Kansas Supreme Court refused to expand the economic loss doctrine from its origins in product liability litigation to act as a bar to tort claims for economic recovery in the context of a negligent misrepresentation claim.

Missouri and Kansas Medicaid Liens After Wos v. E.M.A.

06.26.13 | The U.S. Supreme Court recently held that the federal Medicaid statute's anti-lien provision preempted a North Carolina state statute that required a Medicaid beneficiary to release up to one-third of any damages recovered for a tortious injury to the State as reimbursement for payments it made for the beneficiary's medical treatment, up to the amount actually paid by the state. We take a look at how the ruling in Wos v. E.M.A., 133 S.Ct. 1391 (2013) could potentially affect Missouri and Kansas Medicaid lien statutes.

Missouri and Kansas Medicaid Liens After Wos v. E.M.A.

06.26.13 | The U.S. Supreme Court recently held that the federal Medicaid statute's anti-lien provision preempted a North Carolina state statute that required a Medicaid beneficiary to release up to one-third of any damages recovered for a tortious injury to the State as reimbursement for payments it made for the beneficiary's medical treatment, up to the amount actually paid by the state. We take a look at how the ruling in Wos v. E.M.A., 133 S.Ct. 1391 (2013) could potentially affect Missouri and Kansas Medicaid lien statutes.

Kansas Supreme Court Upholds Noneconomic Damages Cap

10.29.12 | In October of 2012, the Kansas Supreme Court resolved four constitutional questions and upheld the noneconomic damages cap of $250,000 in personal injury actions contained in K.S.A. 60-19a02. In Miller v. Johnson, 289 P.3d 1098 (Kan. 2012), a patient brought a medical malpractice action against a physician who mistakenly removed patient's left ovary during a surgery intended to take the right ovary. . .

Missouri Supreme Court Decision on Non-Economic Damage Caps

10.04.12 | Supreme Court of Missouri issued an opinion in Deborah Watts as Next Friend for Naython Kayne Watts v. Lester E. Cox Medical Centers d/b/a/ Family Care Center, Lester E. Cox Medical Centers, Melissa R. Hermann, M.D., Matthew P. Green, D.O., and William S. Kelly, M.D. holding that RSMo 538.210, which caps non-economic damages, is unconstitutional, as it violates the right to trial by jury. . .

Missouri Supreme Court Decision on Framing Statute of Limitations Defense

09.25.12 | Supreme Court of Missouri issued a unanimous opinion in Robert L. Bateman, et al., James K. Owens et al., v. Platte County, Missouri affirming that defendant waives its statute of limitations defense when the defendant fails to plead the particular statute. . .