The trucking industry is complex and ever evolving, subject to a maze of state and federal statutes and regulations, not to mention tort law questions. Baker Sterchi is cognizant of the significant issues facing the industry. Our firm’s trial lawyers have long been partners with members of the trucking industry, representing their interests on several fronts. We are committed to working with clients on designing risk reduction measures and implementing strategies to avoid or minimize losses in litigation through effective pretrial analysis, trial tactics mediation techniques and negotiation.
We represent leasing companies and motor carriers (LTL, long haul, and parcel) and their insurers in a wide range of matters. Our clients are interstate and intrastate companies whose presence is national, regional and local in scope. Our attorneys provide counsel on the various statutes, regulations, standards, policies, customs, and practice that are controlling in different jurisdictions.
Baker Sterchi attorneys begin preparing for the possibility of litigation from the moment an accident occurs. With a 24/7 emergency “go-to” team, our lawyers coordinate with reconstruction experts and field adjusters to get to the scene of an accident as soon after it is reported as possible. Because of the importance of gathering evidence immediately, our “go team” interviews the driver, ensures that the motor carrier complies with all federal post-accident inspection and testing protocols, arranges criminal defense counsel for the driver if necessary, takes and/or arranges for scene, vehicle and aerial photographs, vehicle inspections and data downloads, and generally assures preservation and documentation of everything that could be relevant in a future lawsuit. Such early investigation, preservation of evidence, and assessment is a critical component of a motor carrier defense today, particularly in the case of catastrophic injuries or death. Our firm is exceptionally skilled at coordinating this early investigative and evaluative process.
Adding to our extensive knowledge base, Baker Sterchi attorneys have experience in the design and manufacturing of commercial motor vehicles; diesel engine electronic control modules (ECMs) and vehicle sensing diagnostic modules (SDMs), and the retrieval, interpretation and application of data from these and other on-board recording devices that assist in the analysis of commercial motor vehicle accidents. In addition, we have experience with driver technique and response; visibility and conspicuity; vehicle maintenance; driver qualification, hiring, training, supervision, retention and discipline; hours of service and compliance reporting; drug and alcohol testing; loading and unloading; and various other aspects of the Federal Motor Carrier Safety Act, CSA 2010 and CARMAC.
Our attorneys also are available to represent trucking clients on business matters where transactional disputes arise between lessors, lessees, shippers, carriers, brokers and others within the transcontinental cargo distribution system; insurance matters; premises and product liability claims; and employment and labor issues involving discrimination, harassment and wrongful termination.
We act as panel counsel for a number of industry clients or their insurers. In addition, our attorneys hold prominent positions in professional organizations that have committees devoted to the trucking or transportation industry. Some of our attorneys practicing in this area are members of the steering committee of ALFA International’s Transportation Practice Group, the Trucking Industry Defense Association (TIDA), Transportation Lawyers Association (TLA) and the Defense Research Institute (DRI) Trucking Law Committee. Our attorneys are often asked to speak about current legal issues affecting the business at industry-sponsored events and seminars.
For more information about the services we provide to the Trucking industry contact Jim Jarrow or Shawn Rogers at 816.471.2121. In St. Louis, contact Richard Woolf or Josh Davis at 314.345.5000.
News & Events
02.02.21 | Joanna Orscheln joins Baker Sterchi's Kansas City office as an associate. Her practice focuses on the defense of corporate clients in the areas of products liability, premises liability, and personal injury and extends to the representation of clients in a variety of industries, including propane, retail, railroad, recreational transportation, healthcare, insurance, and trucking.
01.20.21 | Her practice focuses on labor and employment, education, commercial litigation, and personal injury matters, and since March 2020, has expanded her practice to include the impact of COVID-19 on employers.
09.15.20 | On September 17, Baker Sterchi Member Jim Jarrow will participate in a panel discussion entitled "Clairvoyance in Post-Accident Claims Handling" at the "Arkansas Trucking Seminar Virtual 2020: Moving Forward Together."
09.01.20 | Baker Sterchi Cowden & Rice is pleased to announce that Joseph Swift, Zachary Faires, John McLeod, Ashley Moya, and Kenneth Wilks have joined the firm in St. Louis. Swift, Faires, and McLeod join as Members, with Moya and Wilks joining as Associates. All five attorneys come to Baker Sterchi from the St. Louis office of Brown & James.
07.08.20 | Travis McDonald joins Baker Sterchi's St. Louis office as an associate. His practice is focused on litigation with an emphasis in insurance defense in product liability, premises liability, and personal injury claims.
10.29.19 | Jennifer Maloney has joined the St. Louis office of the law firm of Baker Sterchi Cowden & Rice LLC as a Member. Maloney's practice is focused on civil litigation defense, primarily in the areas of premises liability, product liability, personal injury and transportation.
08.13.19 | Baker Sterchi welcomes Haley Stevenson to the firm's Kansas City office. Stevenson concentrates her practice in civil defense litigation with an emphasis in the areas of premises liability, products liability, and personal injury for the retail and trucking industries.
05.22.19 | Baker Sterchi Member Terry O'Toole has been unanimously approved by the Board of Directors for membership in the Federation of Defense & Corporate Counsel (FDCC).
04.25.19 | Baker Sterchi is pleased to welcome Julie Simaytis to the firm's St. Louis office. Simaytis joins the firm as Of Counsel. Having practiced exclusively in litigation for over fifteen years, her practice is focused on...
10.04.18 | Baker Sterchi Cowden & Rice is pleased to welcome Douglas Hill as an attorney with the firm's Kansas City office. Hill is an experienced litigator, managing a diverse civil defense practice that includes professional negligence, product liability, industrial and job site injuries, and general business litigation. He has extensive experience representing ...
01.11.18 | Baker Sterchi Cowden & Rice is pleased to announce the promotion of John Patterson to Member effective January 1, 2018. Patterson practices in the areas of product liability, employment, construction/fidelity and surety, financial services litigation, premises liability...
Blog Posts
08.16.21 | Remember May 13, 2021? The day the CDC gloriously lifted the mask mandate for fully vaccinated individuals? Well, in the words of Heather O'Rourke in Poltergeist II…"They're baaaaccck." But this time, its masks – not evil spirits.
08.03.21 | Employee or independent contractor? Despite imperfections, the economic reality test remains the standard to determine whether a worker is classified as an "employee" entitled to Fair Labor Standards Act benefits and protections.
07.06.21 | Thinking about DQ'ing a potential hire due to a prior conviction? Think again. Illinois employers better listen up, and look to the newly enacted employment law (known as Senate Bill 1480). Key changes in the law deal with protections to employees and potential hires with criminal convictions, as well as new requirements for employers on providing information to State agencies regarding demographics and payroll data.
06.15.21 | At-will...the ability to do something as one pleases. While most employment relationships are at-will, may an employer modify, at-will, Missouri Approved Jury Instructions in a case involving a violation of the Missouri Human Rights Act? As the Western District Court of Appeals explains, you better have a lawful reason…
06.03.21 | Governor Pritzker has signed into law SB72 (PA102-0006), which imposes a 6% prejudgment interest on personal injury and wrongful death actions effective July 1, 2021.
04.27.21 | Bread. Cherry. Bogart. Bippy. Fink. IDK what any of these words mean, but apparently, they are slang words popularized in the 1960s by Boomers. Find out about Boomer discrimination and how Boomers aren't too different from Millennials (their generational arch nemesis) in this far out post. I promise it won't be a drag.
03.26.21 | Governor Pritzker vetoed amended HB 3360 which would have imposed a 9% prejudgment interest. Unfortunately, HA2 is already in front of the Senate and is a modified version of HB 3360 with a 6% per annum interest on personal injury and wrongful death actions.
03.04.21 | OMG. Some Millennials are now protected under the ADEA and state age discrimination laws. Learn what this all means for Millennials and employers in the workplace. Unless, of course, you want to be basic.
02.08.21 | Little about 2020 was normal, and the number of trials in the Kansas City area was no exception. Data released by the Greater Kansas City Jury Verdict Service shows that the total number of jury trials in the Kansas City area was down over 65% in 2020 when compared to 2019.
01.25.21 | If signed by Governor Pritzker, amended HB 3360 would impose a "litigation penalty" on civil defendants who chose to litigate a case through trial by taxing them with a 9% per annum interest which accrues from notice of injury.
01.15.21 | Evidence regarding the design, manufacture, and first sale of a drilling-rig to the Army Corp of Engineers is relevant to the knowledge element of Plaintiff's punitive damages claim arising from a second sale.
10.26.20 | With recent statutory changes, Missouri is taking meaningful steps to reform the state's punitive damages standards and consumer protection statute—two aspects of Missouri law that have made it one of the most plaintiff-friendly venues in the country.
09.29.20 | Defense verdict affirmed by Missouri Court of Appeals reinforces that logo liability only applies when the motor carrier operates with leased drivers.
07.27.20 | The Supreme Courts of Missouri and Illinois have addressed Bristol-Myers Squibb v. Superior Court of California to further define the instances in which specific personal jurisdiction can be constitutionally exercised over out-of-state defendants.
07.27.20 | The Supreme Courts of Missouri and Illinois have addressed Bristol-Myers Squibb v. Superior Court of California to further define the instances in which specific personal jurisdiction can be constitutionally exercised over out-of-state defendants.
07.09.20 | Missouri Court of Appeals compels arbitration, where the parties agreed to submit threshold issues of arbitrability to a third-party neutral rather than the court.
05.19.20 | On March 11, 2020, the U.S. Court of Appeals for the Eighth Circuit affirmed an Eastern District of Missouri judgment, finding that the Plaintiff failed to establish that a product was inherently defective or dangerous, where he had failed to provide evidence of when a product entered the stream of commerce.
05.13.20 | In an update to a prior post, Senate Bill 591 (which seeks to impose stricter standards for the application of punitive damages) cleared The Missouri House on May 12, 2020 in a 98-51 vote. The Bill, now on its way to Governor Parson for his signature, will likely go into effect on August 28, 2020. Governor Parson is expected to sign the measure without veto.
03.11.20 | Missouri Supreme Court held the Missouri Human Rights Act is not a remedy for out-of-state employees aggrieved by discriminatory practices of Missouri-headquartered companies.
03.02.20 | The data is out on Kansas City area jury verdicts for calendar year 2019, and it contains mostly good news for defendants. While the total number of jury verdicts was up slightly from 2018, the percentage of those verdicts in plaintiffs' favor was down, with nearly 60% of claims that went to a jury ending in a defense verdict. 2019 also saw a drop of almost 30% in the number of verdicts over $1 million. Although the data shows a rise in the average verdict amount, that increase is entirely attributable to a single mega verdict of more than $100 million; controlling for that outlier, the size of the average award was also down significantly.
02.12.20 | City of St. Louis has seen a steady decline on the judicial hellhole rankings with modest reforms but the Illinois counties of Madison and St. Clair remain hotspots for asbestos litigation and "no-injury" BIPA lawsuits according to the 2019/2020 American Tort Reform Foundation Judicial Hellholes Report.
02.12.20 | City of St. Louis has seen a steady decline on the judicial hellhole rankings with modest reforms but the Illinois counties of Madison and St. Clair remain hotspots for asbestos litigation and "no-injury" BIPA lawsuits according to the 2019/2020 American Tort Reform Foundation Judicial Hellholes Report.
02.06.20 | The new rule governing special interrogatories gives the trial court power to prevent confusing special interrogatories, as the one in Doe v. Alexian Brothers Behavioral Health Hosp., but it also rips away an important tool for the defense. 735 ILCS 5/2-1108.
09.13.19 | Though seemingly obvious, the Eighth Circuit affirmed arbitration agreements are not immune to contract law basics when it denied an employer's motion to compel arbitration for lack of acceptance.
07.16.19 | SECOND UPDATE: Missouri Governor Mike Parson signs Senate Bill 7, which amends venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
06.17.19 | A seismic shift in Kansas personal injury litigation may be on the horizon, as the Kansas Supreme Court rules that the state's cap on noneconomic damages violates the constitutional right to a jury trial.
05.20.19 | UPDATE: House Passes Senate Bill 7, in which the Missouri legislature seeks to amend venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
05.13.19 | The Supreme Court has issued another ruling limiting class-action claims, in favor of individual arbitration, this time finding that contractual ambiguity is no substitute for a clear expression of consent to class-wide arbitration.
03.18.19 | In Senate Bill 7, the Missouri legislature seeks to amend venue and joinder laws, to prevent out of state plaintiffs from litigating their cases in an inappropriate venue.
01.18.19 | Independent contractors who work in transportation may not be forced into mandatory arbitration.
12.26.18 | Defense attorneys beware. The 2018-2019 American Tort Reform Foundation's (ATRF) Judicial Hellholes Report is out, and the City of St. Louis landed fourth on this list because of its massive verdicts, forum shopping, and legislative failures.
08.24.18 | The Eighth Circuit Court of Appeals recently held that a railroad's products liability and breach of contract claims that were based on federally-imposed standards of care are not preempted. BNSF Railway Co. v. Seats, Inc., (No. 17-1399, 8th Cir. 2018).
12.18.17 | Despite an uptick in advocacy, support, and inclusion of the LGTBQ community over the past several decades, as of today, discrimination based on sexual orientation remains an invalid claim under the Missouri Human Rights Act (“MHRA”). However, in a recent decision by the Western District of the Missouri Court of Appeals...
12.14.17 | The Missouri Court of Appeals for the Southern District upholds denial of an employer's motion to compel arbitration ruling that at-will employment is insufficient consideration to support an arbitration agreement and denying employer's request to find that, in accordance with federal policy, at-will employment should be sufficient consideration for an arbitration agreement.
05.30.17 | The United States Supreme Court ruled on May 22, 2017, that the Hague Convention, on the service of judicial documents abroad, permits service by mail if the receiving country has not objected to service by mail and service by mail is authorized under otherwise-applicable law.
04.27.17 | The Florida Supreme Court recently ruled that the attorney-client privilege protects a party from being required to disclose that her attorney referred her to treating doctors.
03.31.17 | Earlier this week, Governor Eric Greitens signed Missouri HB 153 into law. HB 153, which supplants Missouri's existing expert witness standard with that set forth in Federal Rules of Evidence 702, 703, 704 and 705, effectively submits expert testimony in most civil and criminal case to the analysis set forth in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).
03.27.17 | Within a two-week period, two federal judges issued strongly worded orders denouncing the common practice of asserting boilerplate objections to written discovery.
03.22.17 | The Missouri Court of Appeals rules that a worker may owe an independent duty of care to a co-worker, which is separate and distinct from her employer's non-delegable duties.
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.
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.
05.25.16 | A recent order of the U.S. District Court for the District of Kansas may be beneficial to defense practitioners fighting the so-called "reptile theory" of plaintiff's litigation, frequently aimed at trucking companies, which attempts to put the company on trial rather than litigating the circumstances of a particular accident. A targeted motion to dismiss and strike, focused upon the broad, boilerplate complaints that allege hiring, training, qualification, and supervision practices by the company and alleged violations of the FMCSA and FMSCR, may help to limit the scope of discovery and evidence sought in furtherance of the "reptile theory."
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.
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.
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.
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.
11.06.14 | The Kansas Supreme Court, in Craig v. FedEx Ground Package System, clarifies the standard for determining whether workers are employees or independent contractors
09.19.14 | Individuals and businesses relying upon contractors to provide labor services may be exposing themselves to liability if these contractors fail to pay their employees in accordance with the Missouri Minimum Wage Law.
07.11.14 | K.S.A. 60-19a02 has been amended, increasing Kansas's long-standing cap on non-economic damages (pain and suffering) recoverable in personal injury. K.S.A. 60-456(b) has also been amended to mirror the requirements for the admissibility of expert testimony set forth in Fed. R. Evid. 702.
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.
04.29.14 | A Kansas plaintiff may amend their pleadings to assert punitive damages up until the day of the pretrial conference.
04.22.14 | A man who sued his former employer, alleging he was discharged in retaliation for filing a workers' compensation claim, appealed on the basis that the trial court used a jury instruction with the wrong standard. In a 5-2 decision written by Judge George W. Draper III, the Missouri Supreme Court rejected the 'exclusive causation' standard and replaced it with the "contributing factor" standard. On remand and in future cases, the jury must determine whether the plaintiff's filing of a workers' compensation claim was a "contributing factor" to his or her discharge.
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).
03.20.14 | The plaintiff has the burden of proving standing, which is a jurisdictional issue that can be raised at any time.
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.
10.30.13 | Companies who employ drivers may be exposed to greater liability in Missouri courts. In McHaffie v. Bunch, 891 S.W.2d 822, 824 (Mo. banc 1995), the Missouri Supreme Court held that once an employer has admitted to respondeat superior liability for an employee driver's negligence, it is improper to allow a plaintiff to proceed against the employer on any other theory of imputed liability, such as negligence in employee hiring, retention, or training.
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