At Baker Sterchi Cowden & Rice, we understand litigation isn’t always the answer. Our mediation group’s mission is to collaborate with conflicted parties to reach agreements, build relationships and find solutions that work.
We recognize that in appropriate cases adverse parties may achieve more satisfactory outcomes in a less time consuming and more cost effective manner by using mediation.
Our team of mediators have many years of experience in the legal profession, each bringing a unique perspective to their work as a mediator, arbitrator, special master and consultant.
For more information about our mediation and arbitration practice contact Judge Michael David or Paul Venker at 314.345.5000.
| Madison County State's Attorney, Thomas Haine, is successful at stalling Illinois Judicial Circuit redistricting as political parties navigate for position in the forthcoming Judicial election.
| Data released by the Greater Kansas City Jury Verdict Service about jury trials in 2021 show that defendants continue to win a majority of cases, though verdict amounts for prevailing plaintiffs have increased. Defendants prevailed on almost 60% of the claims decided by KC-area juries last year, but the number of claims decided by juries has not returned to pre-pandemic levels.
| 2021 was a busy year in labor and employment law, with major cases concerning Covid-19, arbitration, accommodating disabilities, joint employer liability, and new statutory requirements for employers.
| An arbitration agreement that placed meaningful limits on an employer's right to modify the agreement did not lack consideration, according to the Kansas federal district court.
| An "Acknowledgement of Receipt" of an arbitration policy was not sufficient to create an offer and acceptance of a purported arbitration agreement, the Western District of Missouri Court of Appeals finds.
| The Missouri Court of Appeals, Western District, recently reversed a trial court decision and subsequent arbitration award in favor of an automobile repossessor.
| The Missouri Court of Appeals for the Southern District recently reversed a Circuit Court decision that denied a corporate defendant's motion to compel arbitration, finding arbitration clauses are enforceable under Missouri law, even when they are more favorable to one party, provided there is consideration on both sides.
| Under Missouri law, an employment arbitration clause that includes a litigation double-standard – that is, a unilateral right to bring a claim in court for an employer while attempting to bind the employee to arbitrate all claims – is unenforceable.
| 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.
| 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.
| 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.
| The U.S. Supreme Court recently resolved a split among state and federal courts on the issue of whether lost wages under the Federal Employers' Liability Act (FELA) are taxable under the Railroad Retirement Tax Act (RRTA). The Illinois Appellate Court was one of the first in the nation to apply the Supreme Court's holding that awards of lost wages in FELA cases are taxable.
| 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.
| Missouri has continued to hold that arbitration agreements are not unconscionable when they are shown to have valid mutual assent and are not self-serving.
| 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.
| 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.