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Jun 14

David Eisenberg Quoted in St. Louis Record Regarding Dismissal Under Missouri Rule 84.04


Baker Sterchi Member David Eisenberg is quoted in a recent St. Louis Record article titled “Supreme Court upholds dismissal of faulty brief under ‘demanding’ procedural rule 84.04,” concerning the Missouri Supreme Court’s recent refusal to rehear a case it dismissed three months ago, in which the Court unanimously ruled that the plaintiff’s pleading failed to meet the requirements of Rule 84.04 of the Missouri Rules of Civil Procedure, on how points relied on by the appellant must be framed. Among other things, the Rule governs how points of appeal in a brief should be worded, how cases are cited for each point they control, and how to cite the record in each of the matters.

The ruling should not come as a surprise to Missouri practitioners, because “Missouri appellate cases have gone on for decades talking about the ... very demanding rules for how a brief should be written,” Eisenberg said. “If you don't follow them, you can be an experienced law firm or a pro se plaintiff, but it doesn't matter; the court doesn’t need to accept your appeal." Eisenberg noted that an unusual aspect of this case was that it proceeded to oral argument before the Court zeroed in on the deficiencies of the appellate pleading.

Eisenberg has over thirty years of experience representing Fortune 100 and other companies in employment and labor law matters, consumer and general business litigation, and appellate litigation. He is the editor of Baker Sterchi’s Missouri, Employment & Labor, and Product Liability blogs and has served on the Editorial Board of the ABA Appellate Practice Committee, and on that Committee’s Appellate Rules subcommittee.

The St. Louis Record, a publication of the U.S. Chamber Institute for Legal Reform, covers the legal system, focusing on civil actions in the St. Louis area.