News & Events
05.24.22 | William Coates, Jr. joins Baker Sterchi as an attorney in the firm's Kansas City office. His practice focuses on personal injury and product liability matters in the transportation industry.
05.23.22 | Bradley Sliment joins Baker Sterchi as an associate in St. Louis, where his practice focuses on personal injury, premises liability and product liability defense.
04.11.22 | David Vaughn IV joins Baker Sterchi as an associate attorney in the firm's St. Louis office. He has significant experience defending physicians, hospitals and other medical professionals in medical malpractice claims as well as personal injury defense matters.
03.09.22 | Tess Johnson joins Baker Sterchi as an attorney in the firm's Kansas City office. Johnson has experience representing individuals and companies in the insurance, healthcare, and retail sectors, among others.
02.03.22 | Tom Kammerer joins Baker Sterchi as an associate attorney in the firm's St. Louis office, where his practice covers a variety of civil litigation.
01.04.22 | Baker Sterchi Cowden & Rice elected five new Members, effective January 1.
10.27.21 | Baker Sterchi Cowden & Rice is pleased to welcome three new associates in Kansas City and St. Louis.
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...
05.06.21 | Nicholas Ruble joins Baker Sterchi's Kansas City office as an associate. He represents companies of all sizes and industries in employment and labor, personal injury, creditor's rights, and commercial disputes.
02.23.21 | Baker Sterchi Member Paul Venker, St. Louis, is quoted in a recent Law360 article "Med Mal Cap Challenge To Decide Mo. Lawmakers' Power" regarding the constitutionality of Missouri's $700,000 cap on noneconomic damages in medical malpractice cases in light of a Feb. 16 lower appeals court ruling that the issue should be decided by the Missouri Supreme Court as an issue of first impression.
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.
01.04.21 | 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.
10.19.20 | Brett Simon joins Baker Sterchi's Kansas City office as an associate attorney, representing companies in personal injury cases and commercial disputes. He has over five years of experience handling pre-suit investigations, serious personal injury and wrongful death claims, breach of contract actions, and consumer protection issues.
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.
09.15.20 | On September 17, Baker Sterchi Member Jim Jarrow will participate in a panel discussion entitled "Clairvoyance in Post-Accident Claims Handling" at the "Arkansas Trucking Seminar Virtual 2020: Moving Forward Together."
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.
05.11.20 | Baker Sterchi Member Richard Woolf will present at the Property & Liability Resource Bureau (PLRB) webinar, "Minor Auto Accidents: Major Damage" on May 14, 2020. This webinar will address the inner workings of a minor motor vehicle accident claim that turned into a claim for significant damages and the claim/litigation handling of the incident.
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.
10.29.19 | Ashtyn Kean and Kyra Short join Baker Sterchi's St. Louis office as associates. Kean's practice is devoted to the defense of physicians, nurses, hospitals, extended care facilities and other healthcare professionals in...
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.
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.
06.17.19 | Elizabeth "Betsy" Miller joins Baker Sterchi's Kansas City office as a civil defense litigation associate, with an emphasis in the areas of personal injury, products liability, and class action and multidistrict litigation.
05.22.19 | Baker Sterchi Member Terry O'Toole has been unanimously approved by the Board of Directors for membership in the Federation of Defense & Corporate Counsel (FDCC).
05.22.19 | Baker Sterchi s pleased to welcome Teresa Hurla to the firm's Kansas City office. Hurla's practice with the firm is focused on civil defense litigation, with an emphasis in the areas of products liability and personal injury.
05.06.19 | Baker Sterchi has added Laura K. Beasley to the firm's Belleville, Illinois office. Beasley, who joined the firm as a Member, practices in the areas of civil litigation defense, general liability, class action/mass torts, insurance coverage, personal injury, and product 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...
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.
07.10.14 | Peter Hoffman co-authored a chapter entitled "Evaluation and Settlement of Personal Injury Claims," in the 2014 Missouri Bar Deskbook Missouri Settling Cases, which is part of the MoBarCLE Deskbook series.
Results
A defense verdict was returned in favor of our aviation industry client by a Platte County, Missouri jury following a five-day trial of a case arising from a bus/car collision at an airport satellite parking lot.
On December 13, 2021, Baker Sterchi obtained a favorable ruling for a toxic tort client in an asbestos case pending in the Circuit Court of St. Louis County.
On September 22, 2021 Baker Sterchi secured summary judgment in favor of a heavy equipment manufacturing client in the United States District Court for the Eastern District of Missouri.
Baker Sterchi obtained a favorable verdict for a trucking client, one of the nation's leading flatbed trucking companies, and its driver, in a personal injury action tried in the United States District Court for the Southern District of Illinois.
Baker Sterchi recently obtained summary judgment in the Missouri Supreme Court for their client, despite the trial court's initial refusal to recognize and hold that their clients were immune from civil liability. The win was accomplished through an extraordinary writ of prohibition sought from and issued by the Missouri Supreme Court, ordering the trial judge to reverse and vacate her original order and enter summary judgment in favor of Baker Sterchi's clients.
Baker Sterchi recently obtained dismissal of all claims against its clients, a retail company and an auction company, in a negligence and products liability action. The action arose out of...
Baker Sterchi successfully defended a negligence lawsuit involving an alleged shooting where Plaintiff alleged Defendant shot a firearm at his head while standing over him. Plaintiff initially pled both intentional tort and negligence but chose to submit only on negligence. In response...
BSCR successfully defended a retail client in a personal injury lawsuit at a three-day trial in the Western District of Missouri. Plaintiff, whose van was serviced by our retail client with an oil change and tire rotation, claimed personal injuries from...
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...
Baker Sterchi Cowden & Rice attorneys successfully defended a client against a multimillion-dollar tort claim in Missouri State Court. The case involved a negligence claim with regard to a construction site accident, where plaintiff suffered a broken back and crushed ankle.
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 this St. Louis City action, plaintiff's decedent was killed in a motor vehicle accident when a stolen vehicle collided into decedent's vehicle. Plaintiff alleged that the driver of the vehicle was being pursued by police at the time of the crash, including a county helicopter operated by a pilot officer. BSCR obtained ...
In a personal injury matter in which Plaintiff sought compensatory and punitive damages from our client for injuries he suffered while unloading heavy equipment from a flatbed trailer nearly six years ago, a Boone County, Missouri jury returned a defense verdict for our client after a three-day trial.
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.
In a medical negligence case arising from postoperative care and treatment following ankle surgery, plaintiff alleged negligent failure to timely diagnose and treat an ankle joint infection that left her with permanent and painful injuries after multiple surgical procedures and lengthy hospitalizations to treat the infection.
Suit was brought against a BSCR client in Madison County, Illinois, related to a vehicle/truck accident which occurred in Montgomery County, Illinois. The plaintiff was likewise from Montgomery County. For obvious reasons, she chose to file suit in plaintiff friendly Madison County...
Summary Judgment was granted in favor of Baker Sterchi's client in a case involving a bricklayer contractor injuring himself when he slipped into a plumbing ditch dug by a different contractor on the project. Plaintiff sued the second contractor on the project for failing to barricade and/or flag the ditch. . .
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 defended client Swift Transportation Company at trial in a case where a Swift tractor-trailer allegedly turned left in front of a motorcycle at an uncontrolled intersection on a four-lane highway. Plaintiff claimed a brain injury in the form of post concussive syndrome, a knee injury, neck pain, back pain, and headaches. . .
Blog Posts
05.05.22 | In McQueen v. Green, the Illinois Supreme Court holds that admitting vicarious liability does not bar theories of negligent retention, hiring, training and direction against the principal.
05.05.22 | In McQueen v. Green, the Illinois Supreme Court holds that admitting vicarious liability does not bar theories of negligent retention, hiring, training and direction against the principal.
05.03.22 | Missouri General Assembly debates shortening Missouri's personal injury statute of limitations from five years to two years.
03.07.22 | The Supreme Court recently reaffirmed that only "immediate employers" of injured employees are immune from suit under the Workers' Compensation Act's exclusive remedy provisions, despite any contractual duties to carry workers' compensation insurance.
02.21.22 | In Payne v. Rehabilitation Institute of St. Louis, the Missouri Court of Appeals, Eastern District, affirmed a trial court's grant of summary judgment in favor of a rehabilitation hospital on statute of limitations grounds where the plaintiff filed her personal injury claim approximately two and one-half years after the date of injury.
02.07.22 | 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.
02.01.22 | 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.
01.11.22 | This year-end Transportation Law Blog post focuses on the rise in "nuclear verdicts" experienced by the trucking industry since 2011, including a landmark $1B verdict in 2021, while also acknowledging that good defense outcomes in trucking cases are still obtainable.
01.05.22 | In this 2021 year-end summary, the Product Liability Law Blog highlights some of the key national and Midwest (with a focus on Missouri, Illinois, and Kansas) cases decided in 2021.
12.28.21 | To no one's surprise, three Illinois Counties (Cook, Madison and St. Clair) and the City of St. Louis are again included in the 2021/2022 American Tort Reform Foundation's "Judicial Hellholes Report."
11.22.21 | A trial court's grant of summary judgment in favor of an in-home personal care provider has been reversed on statute of limitation grounds, where the plaintiff had filed her personal injury suit two years and one day after the date of injury.
07.27.21 | Missouri Governor Parson recently signed legislation that contains protections for healthcare providers, manufacturers, and other businesses from tort liability related to the COVID-19 pandemic.
07.27.21 | Missouri Governor Parson recently signed legislation that contains protections for healthcare providers, manufacturers, and other businesses from tort liability related to the COVID-19 pandemic.
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.
03.31.21 | The United States Supreme Court expands the application of personal jurisdiction and those actions creating sufficient contacts with a forum.
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.
03.12.21 | Johnson and Johnson ("J&J") has asked the United States Supreme Court to overturn the $2.1 billion verdict entered against it in Ingham, et al. v. Johnson & Johnson, et al., a talcum powder class action filed in Missouri that included numerous non-resident plaintiffs.
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.
10.08.20 | The Missouri Court of Appeals recently held that a trial court abused its discretion when it granted summary judgment to the defendants before the plaintiff deposed a witness whose testimony could not be secured by affidavit.
09.29.20 | Defense verdict affirmed by Missouri Court of Appeals reinforces that logo liability only applies when the motor carrier operates with leased drivers.
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.
11.26.19 | The Illinois Court of Appeals recently weighed in on the distinction between neurological injury and psychological damage as applied to the Illinois Mental Health and Developmental Disabilities Confidentiality Act in Sparger v. Yamini.
08.21.19 | 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.
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.
07.23.19 | Plaintiff Gerald Ward originally sued Decatur Memorial Hospital in 2009 alleging medical malpractice in the treatment of his brother who developed a post-surgery bed sore that became infected. Plaintiff alleged that...
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.
07.08.19 | Even with asbestos litigation on the slow decline, Madison County and St. Clair County, Illinois remain the top venues for asbestos litigation.
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.
12.07.18 | Recently, in Brock v. Dunne, the Missouri Court of Appeals for the Eastern District affirmed a trial court judgment assessing liability against a co-employee pursuant to the 2012 Amendment to s. 287.120.1 of the Missouri Workers' Compensation Act. The appellate court held that...
12.04.18 | Missouri Court of Appeals for the Eastern District declines to find a common-law rule requiring a driver backing out of a parking spot in a private parking lot to yield the right-of-way to another driver in the lane adjacent to the parking spot.
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.
08.24.18 | The Eighth Circuit Court of Appeals recently held that a railroad's products liability and breach of contract claims that were based on federally-imposed standards of care are not preempted. BNSF Railway Co. v. Seats, Inc., (No. 17-1399, 8th Cir. 2018).
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.
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.
05.22.17 | A federal judge in North Carolina agreed with Bayer that federal law preempts all of plaintiff's claims against Bayer in a medical device case. The judge then declined to exercise supplemental jurisdiction over the medical malpractice claims against the healthcare providers and dismissed those claims as well.
05.15.17 | A federal judge in Indiana relied on the Seventh Circuit's decision in Bausch v. Stryker Corp., 630 F.3d 546 (7th Cir. 2010) to reject a medical device maker's argument that federal law preempts plaintiff's claims, including plaintiff's negligence per se claim.
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.
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.
03.01.17 | A recent Missouri Supreme Court decision is good news for out-of-state defendants, rejecting the theory that appointing a registered agent in the state to accept service of process equated to consent to personal jurisdiction, and explicitly adopting Daimler and Goodyear. The decision probably creates more turmoil than it resolves on the "general jurisdiction" front, however, and does not directly stamp out the multi-plaintiff litigation tourism that is presently bedeviling the state.
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.
11.01.16 | The Supreme Court of Missouri reversed a trial court's order permitting the deposition of a plaintiff expert witness on the grounds that, by designating the expert, the plaintiff had waived the work product privilege. The Court held that designating an expert witness pursuant to Rule 56.01 does not, standing alone, irrevocably waive the work product privilege. The case provides guidance to...
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.
07.05.16 | In civil litigation, the practice of "forum shopping" refers to the deliberate examination of multiple courts or jurisdictions in order to file or transfer the case to one that is most likely to treat that party's claims most favorably. Often, this forum shopping is blatant – where plaintiffs deliberately attempt to...
06.08.16 | In a revised opinion issued on May 24, 2016, the Missouri Supreme Court continues to uphold the constitutionality of the $350k non-economic damages cap, pursuant to Mo.Rev.Stat. §538.210, in wrongful death cases, and to focus on the distinction between statutory and common law claims; but expands its analysis of the equal protection challenge raised by plaintiff
05.23.16 | In Ritchie v. State Farm Mutual Automobile Insurance Co., the trial court had allowed an investigating officer to testify that the Plaintiff's motorcycle had left the roadway in a straight line and that he had found no evidence of another vehicle forcing the Plaintiff off the road. Over objection, he was permitted to testify that...
05.06.16 | The Missouri Supreme Court, in a split decision, upholds the constitutionality of the $350k non-economic damages cap, pursuant to Mo.Rev.Stat. §538.210 in wrongful death case, recognizing the distinction between statutory and common law claims.
03.28.16 | K.S.A. § 60-19a02, establishing caps on recovery for noneconomic damages in personal injury actions, is constitutional as applied to personal injuries resulting from collisions between motor carriers and motor vehicles.
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.
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.
01.27.15 | Strict compliance with the pre-judgment interest statute is still required; partial payment of a judgment to avoid post-judgment interest is considered involuntary and does not waive the right of appeal
01.20.15 | Kansas has joined a short, but growing, list of states introducing legislation purporting to give terminally ill patients the option to try drug treatments not yet approved by the FDA, but which have passed Phase One FDA testing. However, the legislation does not incentivize any manufacturer to provide such drugs and in fact potentially exposes a manufacturer who does provide access to additional risk of lawsuits.
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.
07.07.14 | After sitting on the sidelines for years the American College of Obstetrics and Gynecology has released a comprehensive medical review that deals a fatal blow to claims that permanent injuries are definitive evidence of error by the delivering physician.
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.
06.16.14 | Medical malpractice plaintiffs must comply with the Health Care Affidavit statute (Mo.Rev.Stat. 538.225), or face dismissal.
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.
11.06.13 | It is now incumbent upon defense counsel to conduct discovery regarding plaintiff's insurance coverage, and plead the new statute as a defense where appropriate. The new law, however, may face challenges from plaintiffs' counsel on state constitutional grounds.
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