News & Events
07.19.21 | Andrew Chipperfield joins Baker Sterchi as an of counsel attorney in the firm's St. Louis office, where his practice covers a variety of civil litigation, including personal injury, wrongful death, premise liability, and commercial matters.
05.06.21 | Branden Brooks joins Baker Sterchi's St. Louis office as an associate. He has experience defending manufacturers in toxic tort and product liability actions. As a former prosecutor, Brooks represented the State of Missouri in...
02.17.21 | On Friday, February 26, Baker Sterchi Member Laura Beasley will present at the Illinois Defense Counsel (IDC) webinar "Trial Dockets and Settlement Conferences in Asbestos Litigation Hotspots: What to Know and How to Prepare."
02.15.21 | John Brooks joins Baker Sterchi's St. Louis office as an associate. His practice focuses on the defense of personal injury, premises and product liability matters. Prior to joining Baker Sterchi, he represented governmental entities in all stages of litigation in both state and federal court.
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.
01.04.21 | Baker Sterchi is pleased to announce it has elected two new Members, effective January 1: Brandy Simpson (St. Louis), whose practice focuses primarily on medical malpractice defense and Meghan Kane (Belleville), whose practice focuses on toxic torts, personal injury, product liability, and premises liability.
11.30.20 | Baker Sterchi Member Greg Odom is one of four panelists who will speak during a two-hour webinar entitled "A Practical Guide to Deposing Plaintiffs' Expert Witness in Asbestos Litigation" offered by the Illinois Defense Counsel (IDC) on December 4 starting at 12 PM CST.
10.14.20 | Travis Hoehn joins Baker Sterchi's Kansas City office as an associate attorney practicing in the areas of fidelity and surety, personal injury defense, premises liability and product liability. He previously served as a summer law clerk with the firm.
10.12.20 | Kelly "Koki" Sabatés joins Baker Sterchi's St. Louis office as an associate attorney practicing in the areas of insurance coverage, medical malpractice, personal injury defense, premises liability, and product liability. She previously served as a summer law clerk with the firm.
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.
05.13.20 | Baker Sterchi Member Greg Odom will present at the Illinois Defense Counsel (IDC) webinar, "The Basics of Taking an Effective Fact Witness Deposition in Asbestos Cases" on May 29, 2020.
03.26.20 | Gregorio Silva joins Baker Sterchi's Kansas City office as an associate. His practice is focused on civil defense litigation in a variety of practice areas, including personal injury, products liability, multidistrict (MDL) litigation, premises liability and catastrophic injuries.
01.28.20 | Christina Dubis joins Baker Sterchi's St. Louis office as Of Counsel. Her practice is focused on defending corporate clients in cases involving premises liability, products liability, toxic tort and personal injury.
11.22.19 | speaking on issues related to asbestos litigation in December.
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.
10.29.19 | Baker Sterchi Cowden & Rice LLC has enhanced its Belleville, Illinois presence with the addition of Greg Odom and Meghan Kane.
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.
07.11.19 | Baker Sterchi is pleased to welcome Jessica Cozart to the firm's St. Louis office. Cozart joins the firm as Of Counsel, practicing in the areas of property and casualty litigation, insurance coverage and insurance defense involving claims of personal injury, premise and products liability, construction defects, food & beverage liability and entertainment & leisure liability.
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...
04.08.19 | Baker Sterchi is pleased to welcome Andreea Sharkey to the firm's St. Louis office, where she will focus her practice in defending insurance, personal injury, general liability and product liability litigation.
02.04.19 | Baker Sterchi is pleased to welcome John Kellogg to the firm's Kansas City office. Kellogg joins the firm as Of Counsel, practicing in the areas of premises liability, construction law, personal injury and commercial litigation, with an emphasis on...
12.27.18 | Baker Sterchi Cowden & Rice is pleased to welcome Kehl Friesen as an attorney in the firm's Kansas City office. Friesen's practice with the firm will focus on civil litigation with an emphasis 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 ...
08.31.18 | Baker Sterchi Cowden & Rice is pleased to welcome Brandy Simpson, who joins the firm's St. Louis office as Of Counsel. While she primarily focuses her practice on medical malpractice defense, Simpson is also experienced in defending premises liability, personal injury, and products liability matters.
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...
Results
Baker Sterchi successfully defended a wrongful death lawsuit involving an alleged opiate overdose where the decedent collapsed at our client's residence. Plaintiffs focused on...
Baker Sterchi Cowden & Rice successfully defended a multimillion dollar claim, seeking actual and punitive damages. The Defendant was the owner of a convenience store and plaintiff alleged PTSD from...
BSCR defended a retailer sued by a shopper who was struck by a falling object. Plaintiff claimed a cervical injury that resulted in a cervical fusion. Plaintiff claimed permanent range of motion limitations in her neck due to the fusion.
In the trial of a premises liability case arising from alleged serious injuries sustained from a fall in an underground parking garage, a City of St. Louis jury returned a verdict in favor of our health care client.
After a trial in Jackson County, Missouri Circuit Court, Baker Sterchi Cowden & Rice won a premises liability case in which our clients were sued by an individual who broke his leg. The plaintiff slipped and fell at night on ice in a parking lot, requiring surgery and a metal plate being put into his leg (ORIF). The defense centered on...
After a week-long trial in the US District Court for the District of Kansas, Baker Sterchi Cowden & Rice won a defense verdict for a retail client in a premises liability case in which our client was sued by an individual seeking as much as $500,000 in damages.
BSCR obtained summary judgment on behalf of a General Contractor, Subcontractor, and Subcontractor’s Employee, on a multi-million dollar claim made by an ironworker who claimed to have been injured on a universty project. . .
Summary Judgment granted in favor of Baker Sterchi 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. . .
After a week-long trial in which plaintiff alleged severe physical and mental injuries left her disabled after being hit by a shopping cart in our client's retail store, a Kansas Federal jury returned a favorable verdict for our 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 negotiated a favorable settlement on behalf of our client, an international airport, in an action filed in Platte County, Missouri in which plaintiff, an airline passenger, alleged injuries sustained due to dangerous property conditions at the airport.
Blog Posts
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.
06.01.21 | On May 14, less than one-half an hour before the 6:00 p.m. constitutional deadline, the Missouri House passed a COVID liability bill that now heads to Governor Mike Parson for signature. Should he sign the bill (SB 51), it will have an effective date of August 28, 2021.
05.20.21 | The Eighth Circuit Court of Appeals reinstated a case dismissed on forum non conveniens grounds, where the defendants scuttled their own inconvenience arguments by waiting 18 months to file their motion.
04.19.21 | In February, we examined current and potential COVID-related lawsuits facing businesses in Illinois. Now, we are beginning to see court rulings in the pending lawsuits. In this post, we discuss recent rulings issued in lawsuits arising from direct exposure to COVID-19 and ones alleging "secondary exposure" to COVID-19. These rulings are important because they provide guidance on how courts may rule on related issues in future COVID-related lawsuits and the legal theories plaintiffs may allege to avoid dismissal in such lawsuits.
04.14.21 | In a wrongful death action, a successful Motion to Dismiss on the basis of the "open and obvious" doctrine is taken up on appeal, reversed, and remanded back to the trial court for further proceedings.
04.06.21 | Property owners have no general duty to remove snow or ice that accumulates naturally and is a general condition of the community.
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.
02.16.21 | Nearly one year into the COVID-19 pandemic, Illinois businesses are already facing lawsuits and workers' compensation claims arising from COVID-19 exposures and diagnoses. In this blog post, we examine the types of claims that have been filed and that may be filed in the future against Illinois businesses related to COVID-19. This includes the potential for claims based on negligence, workers' compensation, employment law, and COVID-19 vaccines.
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.
12.21.20 | Governor Parson recently issued a written proclamation encouraging lawmakers to author new tort liability legislation insulating defendants from lawsuits arising out of the conditions in the state of emergency that have existed since March.
12.21.20 | Governor Parson recently issued a written proclamation encouraging lawmakers to author new tort liability legislation insulating defendants from lawsuits arising out of the conditions in the state of emergency that have existed since March.
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.
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.
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.
04.15.20 | The Missouri Court of Appeals ruled a trial court abused its discretion in applying the general rule against admissibility of subsequent remedial measures, where the record showed the defendant was aware of a problem and had proposed remedial measures before the accident occurred.
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.
02.20.20 | Is your client or company sued in asbestos litigation in Illinois? If so, does it argue, as many defendants in asbestos litigation do, that plaintiffs' expert witnesses should be prohibited from testifying that any exposure to a defendant's asbestos-containing products is a substantial contributing factor to the development of mesothelioma and that pre-trial settlement amounts must be disclosed prior to trial? If this describes your client or company, the recent opinion in Daniels v. John Crane, Inc. is likely going to disappoint.
02.20.20 | Is your client or company sued in asbestos litigation in Illinois? If so, does it argue, as many defendants in asbestos litigation do, that plaintiffs' expert witnesses should be prohibited from testifying that any exposure to a defendant's asbestos-containing products is a substantial contributing factor to the development of mesothelioma and that pre-trial settlement amounts must be disclosed prior to trial? If this describes your client or company, the recent opinion in Daniels v. John Crane, Inc. is likely going to disappoint.
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.
07.25.19 | The U.S. Supreme Court holds that a third-party defendant is not entitled to remove because neither the General Removal Statute nor the Class Action Fairness Act permits a third-party counterclaim defendant to do so.
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.
04.12.19 | The Illinois Appellate Court, First District, held that a party may timely withdraw a previously disclosed testifying expert and redesignate said expert as a Rule 201(b)(3) consultant entitled to the consultant's privilege against disclosure absent exceptional circumstances.
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.
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.
10.25.18 | The Eighth Circuit deals severely with a plaintiff's failure to disclose information about non-retained experts, as required by Rule 26. The result underscores the importance of strict compliance with both the federal rules on discovery and those regarding sanctions for non-compliance.
08.31.18 | Governor Parson has signed Senate Bill 608, which enacts three new sections relating to civil liability due to criminal conduct. The Bill affords Missouri business owners greater protection against liability for criminal conduct that occurs on their property.
03.23.18 | We recently reported on a ruling of the Missouri Western District Court of Appeals that there was sufficient evidence to support the giving of the negligence instruction in a case where an employer was found liable for damages sustained when an employee was injured by a third party criminal act. The Missouri Supreme Court has now upheld that ruling. In Wieland v. Owner-Operator Services, Inc., Wieland was...
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.
04.21.17 | In the case of Wilson v. Dura-Seal and Stripe, the Missouri Court of Appeals for the Eastern District held that the “acceptance doctrine” is still valid law in Missouri, and bars liability against a construction contractor for the injury of a third party after the owner of the premises has accepted the work.
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.
02.13.17 | A premises owner's duty to protect an invitee from the criminal acts of third parties is triggered by foreseeability. An employer's safety policies and procedures - and a failure to follow them - may be considered when determining the owner/employer's negligence toward an employee, in an assault that occurred on company premises.
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.
08.15.16 | In McNearney v. LTF Club Operations Company, Inc., the Missouri Court of Appeals for the Eastern District recently affirmed a trial court ruling granting summary judgment in favor of the Defendant fitness club from claims by the Plaintiff that it was negligent and reckless in allowing her to become injured while participating in a boot camp exercise class.
04.18.16 | The Montreal Convention, a treaty which became effective in the United States on November 4, 2003, governs the rights and liabilities of international air carriers and passengers. Among its more important provisions, Article 29 of the Montreal Convention states that...
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.
04.09.15 | It has long been thegeneral rule in Missouri that for a party to contractually release itself from or limit liability for its own future negligence, the language in the contract must be clear, unequivocal, conspicuous and must explicitly include the word "negligence" or "fault." However, when the contract is negotiated at arm's length between "sophisticated commercial entities", a party can release itself from or limit liability with less precise language.
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.
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