BSCR Firm News/Blogs Feed

Jim Jarrow to Co-Present "Hot Takes" Session at ALFA Transportation Seminar

26 Apr 2024

On May 3, Baker Sterchi Member Jim Jarrow will co-present a session titled “How A Mongoose Eats A Reptile: Effectively Dismantling Plaintiff’s Reptile Attack” at the ALFA International (ALFA) Transportation Practice Group Seminar in Colorado Springs, Colorado. This “Hot Takes” session will explore strategies for countering the Reptile method, followed by a five-minute roundtable discussion.

Based in Kansas City, Jarrow primarily defends personal injury matters in the transportation and retail industries. With a 30-year career, he is a seasoned trial lawyer with a track record of trying over 100 cases. Jarrow serves as a co-chair of the Baker Sterchi Trucking Practice Group and a steering committee member of the ALFA Transportation Practice Group.

Baker Sterchi is the Kansas City, Missouri and Overland Park, Kansas, member firm of ALFA International, a premier global legal network of 140 independent law firms. The network provides educational programs across various practice areas for attorneys and clients associated with its member firms.

Litigation Paralegal, Kansas City

26 Apr 2024

Our Kansas City office is seeking a highly motivated and skilled litigation paralegal. View the job description here.

Legal Administrative Assistant, St. Louis

25 Apr 2024

Our St. Louis office is seeking a highly motivated and skilled legal administrative assistant. View the job description here.

Michael Shunk to Co-Present at ALFA Insurance Regional Seminar

25 Apr 2024

On April 25, Baker Sterchi Member Michael Shunk is co-presenting the session, “Declaratory Judgment Actions: Strategic Considerations Before Filing,” at the ALFA International (ALFA) Insurance Practice Group Regional Seminar in New York, New York. The session will address the critical factors that often impact the decision to proceed with a declaratory judgment action, while also providing insight and updates on recent developments and trends in this law area.

Shunk's practice centers around the defense of individuals, insurance carriers, and corporate clients in a range of cases, including personal injury, contract and commercial disputes, construction defect, and insurance coverage and bad faith issues. He is a member of the ALFA International Insurance Practice Group and co-chair of the Baker Sterchi Insurance Coverage and Bad Faith Practice Group.

Michelle Meloche Appointed to Leadership of PLDF Healthcare Committee

24 Apr 2024

Baker Sterchi associate Michelle Meloche has been named co-vice chair of the Professional Liability Defense Federation (PLDF) Healthcare Malpractice Claims Committee.

Meloche has been a dedicated member of this Healthcare Committee since joining PLDF last year. In her new role, she will be contributing to publications, responding to member inquiries and presenting at PLDF’s annual meeting.

In addition to her role with PLDF, Meloche is actively engaged in several other healthcare and legal organizations. She is a member of the American Bar Association’s Health Law Section, the American Health Lawyers Association, and DRI’s Medical Liability and Health Care Law Committee.

As a civil litigation attorney, Meloche defends healthcare providers against medical malpractice claims. She earned her law degree from Saint Louis University School of Law with a concentration in Health Law, and she holds an M.P.H. in Health Management & Policy from Saint Louis University. Meloche is licensed to practice in Missouri and Illinois.

PLDF’s mission is to enhance the stature and effectiveness of professional liability defense professionals through education, training and the exchange of information.

John Watt Accepted into Product Liability Advisory Council

23 Apr 2024

Baker Sterchi Member John Watt has been accepted as a Sustaining Member into the Product Liability Advisory Council (PLAC). Sustaining members, comprised of top regulatory, trial and appellate legal professionals from leading law firms worldwide, undergo thorough vetting by the organization's Board of Directors before receiving invitations to join.

Established in the 1980s, PLAC is dedicated to keeping product manufacturers and suppliers informed about industry-related issues and fostering collaboration with outside legal counsel to mitigate risk across the product life cycle. Corporate participants include individuals from the legal, regulatory, technical and risk departments of each member company.

Based in Kansas City, Watt defends businesses in multi-million-dollar litigation cases involving product liability, construction and toxic torts. With extensive experience as a lead attorney in trials at both state and federal levels, Watt has also conducted hundreds of expert witness depositions, presented arguments before appellate courts in Missouri and Kansas, and represented clients in arbitration and mediation proceedings.

As a steering committee member of ALFA International’s Construction Practice Group, Watt served as a co-chair for both the 2022 and 2023 ALFA Construction Practice Group Seminars. Additionally, he is a regular contributor to the Missouri and Kansas sections of ALFA’s Construction Law Compendium. Watt is recognized in the 2024 edition of The Best Lawyers in America for his Construction Law practice in the Kansas City Metropolitan Area.

Baker Sterchi Obtains Dismissal under Missouri's Innocent Seller Statute

23 Apr 2024

Baker Sterchi lawyers obtained dismissal of their national food distributor client under Missouri’s “innocent seller statute.” Plaintiff alleged personal injuries related to consumption of a chicken meal that contained a chicken bone, which he claimed became lodged in his throat and resulted in multiple surgeries. Plaintiff originally named the restaurant where the meal was ordered as a defendant. The restaurant then sought and was granted leave to file a third-party petition against the purported manufacturer of the chicken. Plaintiff followed suit and filed an Amended Petition asserting a claim against the purported manufacturer and also added claims based on breach of warranty and negligence against our client, the distributor. We preserved the innocent seller defense in our answer by pleading R. S. Mo. §537.762, the “innocent seller statute,” as an affirmative defense on the grounds that liability against the distributor was solely based on its status as a seller in the stream of commerce and should be dismissed.

In 1987, the Missouri legislature enacted the “innocent seller statute”. A final report issued in January 1987 by the Missouri Interim Task Force on Liability Insurance indicates that the legislation was designed as a method by which sellers may be released from products liability suits at an early stage of the litigation. § 537.762 states in pertinent part:

A defendant whose liability is based solely on his status as a seller in the stream of commerce may be dismissed from a products liability claim as provided in this section. This section shall apply to any products liability claim in which another defendant, including the manufacturer, is properly before the court and from whom total recovery may be had for plaintiff’s claim.

Thus, a seller wishing to avail itself of the statute must establish two things. First, the asserted liability must be based solely upon its status as a seller in the stream of commerce. Second, a defendant from whom total recovery may be had must be before the court.

There was a question of fact as to the identity of the manufacturer of the chicken at issue, which had to be resolved before a motion to dismiss could be filed. Through discovery this entity was identified, and the restaurant brought this “new” manufacturer into the case. Once the proper manufacturer was before the court, we moved to dismiss under the innocent seller statute. We satisfied the first prong by establishing that the distributor played no role in the manufacturing, production, testing or individual packaging of the chicken. Its only role was distributing chicken to the restaurant. While plaintiff asserted various product liability claims against the distributor, all were based solely upon its status as a seller. The second prong was satisfied because two defendants were before the court from whom total recovery could be had, the restaurant and the proper manufacturer. We anchored this argument to the declaration page of the restaurant’s commercial general liability policy and the Hold Harmless Agreement between the manufacturer and the distributor. Under this agreement, the manufacturer had contractually agreed to maintain insurance coverage for liability claims, including product liability claims for both the manufacturer and the distributor.

Finding both prongs of the innocent seller statute satisfied, the court entered an order dismissing the distributor from the case.

Nick Ruble Co-Presents at 2024 ALFA Gig Economy Regional Seminar

22 Apr 2024

On April 18, Baker Sterchi Member Nick Ruble co-presented a session titled “State Law Data Privacy Harmonization, BIPA Litigation And Cybersecurity Issues In The Gig Economy Space” at the 2024 ALFA International Gig Economy Regional Seminar. The session covered data privacy strategies across multiple states, addressed recent litigation trends under the Illinois Biometric Information Privacy Act (including the Illinois Supreme Court’s “annihilative” damages decision), and reviewed other data privacy and cybersecurity trends affecting the gig economy.

Ruble, a civil litigation defense attorney based in Kansas City, has extensive experience in employment, labor, business and personal injury law. He serves as vice chair of the Baker Sterchi Employment & Labor Practice Group and contributes to the firm’s Employment Law Blog. Outside of the firm, he is a steering committee member of the ALFA International Labor & Employment Practice Group, co-chair of the Kansas City Metropolitan Bar Association Labor & Employment Law Committee, and a frequent speaker on employment and labor issues. He earned his law degree from the University of Missouri-Kansas City School of Law and is licensed to practice in Missouri and Kansas.

Kara Stubbs Recognized Among Top Product Liability Lawyers in WWL: Life Sciences 2024

18 Apr 2024

Baker Sterchi Member Kara Stubbs has once again been recognized as a leading lawyer in the Product Liability section of the 2024 edition of Who’s Who Legal: Life Sciences. This publication provides a comprehensive analysis of the leading lawyers around the world handling complex patent litigation, product liability cases, and regulatory and transactional matters within the life sciences sector.

Stubbs has extensive product liability experience, particularly in defending pharmaceutical and medical device manufacturers. She serves as co-chair of Baker Sterchi’s Pharmaceutical and Medical Device Practice Group and frequently authors papers and speaks at conferences around the country on issues of interest to these industries. She is a past chair of the Board of Directors for ALFA International (ALFA), a legal network comprised of 150 domestic and international law firms, and a past chair and current steering committee member of ALFA’s Product Liability Practice Group. She has also been active and held a variety of leadership roles on pharmaceutical and medical devices committees within the American Bar Association, DRI and the International Association of Defense Counsel.

Published by Law Business Research Limited, inclusion in Who’s Who Legal publications follows a rigorous selection process involving feedback from general counsel and private practice attorneys worldwide. Attorneys are chosen based on independent international research criteria and the highest number of recommendations from peers and clients.

Right to Repair Laws: An Overview and Legislative Update

09 Apr 2024

ABSTRACT: As manufacturers seek to limit the ability of consumers and third parties to repair their products, state and federal legislators introduce "right to repair" legislation that would loosen those restrictions.

Repairing complicated digital equipment has become increasingly difficult in recent years. In most instances, a consumer in need of a repair of any digital equipment has few, if any, choices for where and how the equipment is repaired. The original equipment manufacturer (OEM) will typically only offer the tools, parts, and information necessary to make those repairs through the OEM itself or a licensed dealer. As a result, consumers and independent repair providers lack the tools and expertise necessary to make these repairs. Further, many products’ warranties are voided if a piece of equipment is repaired by someone other than the OEM or an officially licensed dealer.

There is now a growing effort to enact “right to repair” laws to give consumers more flexibility to repair their own equipment. Generally, these laws grant consumers and independent repair companies access to the tools, parts, documentation, and software required to diagnose, maintain, and repair certain types of equipment. These laws typically require the OEM to provide manuals with specifications, schematics, and software updates to consumers at no cost, to allow the devices to be repaired without voiding the warranty, and to give independent repair companies access to the same tools and repair parts as the OEM on “fair and reasonable terms.” These laws are primarily introduced in the digital equipment industry (typically defined as anything requiring a computer chip), motor vehicles, and the agricultural and construction equipment industry. There have also been attempts to introduce similar legislation covering medical equipment, wheelchairs, educational devices, and motorcycles.

Proponents of these bills argue these laws provide consumers with more freedom to repair their own equipment or choose their own repair shop. They further argue these laws will drive repair costs down by increasing competition and will reduce electronic waste. The opponents of these laws, including the OEMs themselves, argue providing detailed specifications and schematics to consumers and third-party repair companies would reveal valuable trade secrets and proprietary information. They argue this would disincentivize innovation, research, and development of new products. Further, allowing the consumer full repair and maintenance access could lead to modifications that would make the product unsafe or non-compliant with applicable safety or emissions regulations, potentially leading to more injuries or liability to the OEMs.

To date, six states have passed right to repair laws. Massachusetts was the first, passing a motor vehicle right to repair law in 2012 and another in 2020, which required vehicle manufacturers to provide a standardized open data platform to vehicle owners and independent repair facilities. Since 2022, Colorado, New York, Minnesota, Maine, and California have passed various right to repair laws. Currently, approximately twenty-seven states have some form of a right to repair law introduced or pending.

Federal efforts to pass right to repair laws have so far been unsuccessful, although one bill is still active. Rep. Joseph Morelle (D-NY) introduced the “Fair Repair Act,” which would apply to digital electronic equipment, in June 2021. It was referred to the House Energy and Commerce Committee in June 2021 and died shortly thereafter. Sen. Ben Ray Lujan (D-NM) introduced the Fair Repair Act to the Senate in March 2022. As with the House bill, it was referred to committee, where it did not advance. Most recently, Rep. Neal Dunn (R-FL) introduced the “Right to Equitable and Professional Auto Industry Repair Act” or “REPAIR ACT”, seeking to require motor vehicle manufacturers to provide the vehicle’s owner with direct, real-time data related to diagnostics, repair, service, wear, and calibration of parts and systems of the vehicle. It has 50 bipartisan co-sponsors. It was referred to the House Energy and Commerce Committee, where it was most recently forwarded to the full committee for a voice vote in November 2023. The result of that vote has not been reported.

Missouri, Kansas, or Illinois have yet to pass any right to repair legislation. Certain Missouri legislators have attempted to pass these bills on multiple occasions. House Bill No. 975, introduced by Rep. Barry Hovis (R-Cape Girardeau County), would have guaranteed the right to repair any “construction machinery, any mobile heavy equipment or heavy machinery designed for construction or earthwork tasks[.]” The bill was introduced in January 2021 and died in committee in May 2021. Rep. Hovis re-introduced the same bill two more times, HB 2402 and HB 698, in January 2022 and January 2023, respectively. They suffered the same fate, dying in committee shortly thereafter. The Missouri Chamber of Commerce and Industry, a private organization, officially spoke out against HB 2402, arguing it would “threaten [agricultural equipment manufacturers and dealers] security, intellectual property and warranty agreements—not to mention opening them up to undue liability.” Missouri Senator Tracy McCreery (D-St. Louis County) introduced Senate Bill 554 in January 2023. Senate Bill 554 was significantly broader than the house bills, covering all electronic equipment. This also died in committee in May 2023.

Missouri currently has five proposed right to repair bills: 1) HB 1618, introduced by Rep. Brian Seitz (R-Taney County), would protect the right to repair any products “that depend on digital electronics embedded in or attached to them” (excluding motor vehicles); 2) HB 2041, introduced by Rep. Emily Weber (D-Jackson County), would guarantee consumers the same rights to diagnostic and repair information as independent repair providers and authorized repair providers for any electronic product; 3) HB 2475, introduced by Rep. Hovis, seeks the same protections as his earlier bills; 4) SB 1472, introduced by Sen. McCreery, seeks the same protections as her prior SB 554; and 5) HB 2800, a motorcycle right to repair bill introduced by Rep. Seitz. All the proposed bills would make any violation an unlawful practice under the Merchandising Practices Act. These bills are currently in committee and have not received a vote.

Illinois also has active right to repair laws pending. Illinois SB 2669, introduced by Sen. Jill Tracy (R-Quincy), seeks to protect the right to repair agricultural equipment. It was introduced in January 2024 and is currently awaiting committee assignment. Similarly, SB 2680, introduced by Sen. Laura Fine (D-Glenview), was introduced in January 2024 and is awaiting committee assignment. It seeks to guarantee the right to repair home electronic products or appliances. On the House side, Rep. Michelle Mussman (D-Schaumburg) introduced three right to repair bills in February 2023. HB 3593 seeks to guarantee the right to repair digital electronic equipment. HB 3601 looks to protect the right to repair educational technology, and HB 3602 seeks to protect the right to repair electronically powered wheelchairs. All three of these bills are currently in committee and have yet to receive a vote. Similar to the Missouri bills, the Illinois bills make any violation an unlawful practice under Illinois’s Consumer Fraud and Deceptive Business Practices Act.

Kansas does not currently have any right to repair laws proposed or pending. The most recent attempt was House Bill No. 2122, introduced as a committee bill by the Committee on Federal and State Affairs. It was introduced in January 2017 and ultimately died in committee in May 2018. There have been no official attempts to introduce any right to repair laws since.

As these laws are still relatively new, the total effect they may have on repair prices, competition, and liability remains to be seen.