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Our firm’s experienced appellate team has successfully handled cases in state and federal courts throughout the country, representing existing clients and new ones in a broad range of legal issues. Our attorneys also handle extraordinary writs, and have been retained by prominent trade organizations like the Product Liability Advisory Council (PLAC) and the Defense Research Institute (DRI) to prepare amicus curiae briefs in closely watched cases.

Whether our firm has handled the client’s case at trial or is reviewing it for the first time, we objectively evaluate the available legal strategies that most appropriately meet the client’s needs and goals, be it post-trial motions, appellate briefs and arguments, or settlement negotiations.

Since most of the lawyers in the appellate practice team have served as defense litigators, they are intimately familiar with the panoply of issues that typically arise during trial or during the summary judgment phase of a court contest, and are therefore especially efficient at tackling post-trial issues.

We have extensive knowledge and experience in a wide spectrum of industries and have handled appeals in many practice areas, including the products liability and insurance sectors, class action, and other multi-party actions. We also routinely handle appeals in automotive, aerospace, commercial, construction consumer, civil rights, employment, insurance, and pharmaceutical and medical device cases.

In addition to handling appeals in Missouri, Kansas, Illinois, and other states our attorneys have practiced before federal courts of appeals in the Second, Sixth, Seventh, Eighth, Ninth, Tenth, D.C., and Federal Circuits, and the United States Supreme Court.

For more information about our Appellate practice contact James Scott Kreamer, David Eisenberg or Angela Higgins at 816.471.2121.

News & Events

ABA Appellate Practice Journal to Publish Eisenberg Article

03.24.11 | David Eisenberg's article "Interlocutory Review of District Court Orders, in the Wake of Mohawk Industries v. Carpenter" will be published in the Spring 2011 edition of the ABA Appellate Practice Journal.


BSCR Obtains Appellate Victory for Insurer

BSCR obtained an appellate victory in the Missouri Court of Appeals for the Southern District, enforcing plaintiffs’ agreement to settle after they had refused to sign settlement papers. . .

BSCR prevails on appeal

The Eastern District of Missouri affirmed judgment in favor of subcontractor in a negligence claim brought by an employee of another subcontractor working on a Washington University project. . .

Summary Judgment Affirmed on Appeal in Favor of BSCR Client in Battery and Negligence Action

Summary Judgment granted in favor of BSCR client was affirmed by the Missouri Court of Appeals for the Eastern District. Plaintiff claimed that our client's security (provided by Police Officers on approved secondary duty), ejected him from our facility and later hit him in the head with a police baton causing permanent injury. . .

Summary Judgment Entered In Favor of BSCR Insurance Client

BSCR obtained summary judgment in the Circuit Court of Jackson County, Missouri in a $1 million declaratory judgment and equitable contribution action brought against an insurance client (the professional liability E&O insurer for an elevator inspector whose negligent inspection of a grain mill manlift resulted in the death of a firefighter) by another insurer (the CGL insurer for the elevator inspector). The summary judgment in favor of our client was affirmed on appeal.

Defense Verdict Obtained for Retail Client

BSCR successfully defended a major retail client at trial where plaintiff claimed she tripped and fell over a mat in the client's store causing her to break her hip. Plaintiff asked the jury for an award of $4M. . .

BSCR Wins Appeal Before the Eighth Circuit Court of Appeals In Hotly Contested Construction Case

A decision from the 8th Circuit Court of Appeals affirmed a jury verdict obtained by BSCR in favor of its clients MacKenzie House, L.L.C. (developer) and MH Metropolitan, L.L.C., (owner) of a Kansas City apartment complex. Appellant, The Weitz Company (an Iowa-based contractor) was retained as the contractor of the apartment complex and eventually walked off the project after significant delays and cost overruns. . .

Eighth Circuit Affirms District Court's Grant of Summary Judgment for BSCR Insurance Client

The Eighth Circuit affirmed entry of summary judgment in favor of an insurance client in a Kansas City federal court case. The Eighth Circuit found that the federal court did not err in concluding that the agreement in question had a "follow-the-settlements" provision; did not err in finding another state's six-year limitations period barred plaintiff's challenges to claims submitted by defendant; nor did it err in finding the statute had not been tolled. . .

BSCR Secures Defense Verdict on Behalf of Commercial Airline in Discrimination Case

BSCR obtained a jury verdict on behalf of a commercial airline in a discrimination case filed in the United States District Court for the District of Kansas. Plaintiffs, two passengers on the flight, filed discrimination claims against our client for statements made by a flight attendant. . .

Blog Posts

Intra-Corporate Immunity Rule Alive, Applied, and Affirmed in Dismissal of Missouri Defamation Suit

05.04.18 | The Missouri Court of Appeals affirms the trial court's dismissal of a claim for defamation, based on the intra-corporate immunity rule, which protects certain internal communications made to corporate managers.

Breaking Up [Plaintiffs] Is [Not] Hard To Do

03.28.18 | In dismissing non-Missouri Plaintiffs from a product liability lawsuit, the United States District Court for the Eastern District of Missouri adds to split in authority between two of Plaintiffs' favorite forums in Missouri and California, testing the limits of Bristol-Myers Squibb.

Eighth Circuit grants Union Pacific $75 million in Tax Relief

08.17.17 | The Eighth Circuit Court of Appeals recently held that, because the RRTA authorizes taxes on money and not stock, Union Pacific Railroad Company is now entitled to a refund of approximately $75 million that it paid in taxes from 1997 to 2007 to the IRS.

Federal Judges Blow Their Stacks Over Boilerplate Objections

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.

Employers Know That Instructions Matter

07.15.16 | The Missouri Supreme Court reverses and remands an employment discrimination and retaliation case, in favor of employer-defendant, due to prejudice resulting from an improper submission of a jury instruction.

Avoiding Incomplete Settlements

12.30.15 | In Hill v. Hutchinson Care Center, L.L.C., et al., 2015 WL 5927073 (Kan. App. 2015), the parties executed a written document at the conclusion of a mediation that outlined the terms of the settlement including the amount to be paid by defendants to each plaintiff. The agreement further...

The "Realities" Of Third-Party Harassment Claims Under The MHRA

12.02.15 | The Missouri Court of Appeals for the Western District, applying a modified economic realities test, held that AutoZone, Inc., the parent corporation of AutoZoners, LLC, was not Plaintiff's employer for purposes of the Missouri Human Rights Act. However, the Court found that Plaintiff made a submissible case for sexual harassment, which lead to its decision to uphold the jury's rulings in favor of Plaintiff for her hostile work environment claim, the trial court's decision in refusing to reduce the award of compensatory damages and the jury's award of punitive damages against AutoZoners, LLC. The case was ultimately remanded on the issue of attorneys' fees.

Missouri Merchandising Practices Act Bars Certain New Home Construction Claims

11.30.15 | Where a Plaintiff who built a new home brought claims including breach of contract and unlawful merchandising practices against the builder, based on purported overcharges, the Plaintiff was equitably estopped from his breach of contract claim arising out of construction in certain areas of the home, because he had accepted the deed, which was construed as satisfaction

A Declined Invitation, But Does An Open Door Still Remain?

11.18.15 | In Lang v. Goldsworthy, a case decided by the Missouri Supreme Court on October 13, 2015, Plaintiffs, consisting of family members who filed a wrongful death action alleging negligent chiropractic services of a health care provider that allegedly caused the death of their relative, unsuccessfully attempted to challenge the constitutionality of Mo. Rev. Stat. § 538.225, generally known as the "health affidavit" statute.

Kicking the Can Down the Road: The U.S. Supreme Court Denies Certiorari in "Failure to Update Labeling" Case Against Generic Drug Manufacturer

05.20.15 | Manufacturers of Generic Pharmaceuticals bask in uncertainty after the United States Supreme Court denied certiorari in Pliva, Inc. v. Huck, leaving all to wonder whether or not state law "failure to update labeling" are preempted.

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.

The Supreme Court's Jurisdictional Stretch in Resolving the Evidence Needed to Support a CAFA Removal

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.

Medical Malpractice: Strict Compliance with the Missouri Health Care Affidavit Statute is a Must

06.16.14 | Medical malpractice plaintiffs must comply with the Health Care Affidavit statute (Mo.Rev.Stat. 538.225), or face dismissal.

Workers' Compensation + Retaliation + Missouri Supreme Court adopts the "contributing factor" standard

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.

Failure to Follow Appellate Briefing Rules Can Lead to Draconian Consequences

09.25.12 | Appellate litigants should carefully - very carefully - consult their appellate court's rules on briefing, before sitting down to write, and especially before filing. The Missouri appellate courts have recently reminded practitioners that a failure to observe the briefing rules can be fatal to a client's substantive rights. . .