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Baker Sterchi Cowden & Rice LLC

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Insurance Bad Faith Litigation Reform is Sweeping into Missouri

USA - May 5 2017 As practitioners and insurers doing business in Missouri know, this is one of the most insurer-hostile jurisdictions in the country. Missouri

Indiana Judge Relies on Bausch to Bounce Preemption Motion

USA - May 15 2017 The old adage “location, location, location” applies as much for medical device preemption as it does for real estate. Despite acknowledging that the

Reunited and it Feels so Good

USA - May 9 2017 On April 21, 2017, the Kansas Supreme Court in FV-I, Inc. v. Kallevig, (No. 111,235) 2017 Kan. LEXIS 135 (Apr. 21, 2017)1 reviewed a mortgage

Federal Judge Clobbers Claims in a Class III Medical Device Case

USA - May 22 2017 Talk about a one-two punch. First, federal question jurisdiction kept a medical device case in federal court. And then came the knock-out blow: a

Forum Non Conveniens - When Home Isn't Always Convenient

USA - July 5 2016 In civil litigation, the practice of “forum shopping” refers to the deliberate examination of multiple courts or jurisdictions in order to file or

Old Facts and (no) New Tricks - Res Judicata Applies Despite Plaintiff’s Change in Legal Theory

USA - May 24 2017 In Kesler v. The Curators of the University of Missouri, et al., the Court of Appeals for the Western District of Missouri has provided a refresher

Federal Judge Clobbers Claims in a Class III Medical Device Case

USA - May 22 2017 Talk about a one-two punch. First, federal question jurisdiction kept a medical device case in federal court. And then came the knock-out blow: a

Missouri Court Finds that Overdraft Fees are Money Well Spent

USA - May 17 2017 Last month the Court of Appeals for the Western District of Missouri held that a Missouri Bank’s overdraft fee charged as part of its overdraft

Indiana Judge Relies on Bausch to Bounce Preemption Motion

USA - May 15 2017 The old adage “location, location, location” applies as much for medical device preemption as it does for real estate. Despite acknowledging that the

Reunited and it Feels so Good

USA - May 9 2017 On April 21, 2017, the Kansas Supreme Court in FV-I, Inc. v. Kallevig, (No. 111,235) 2017 Kan. LEXIS 135 (Apr. 21, 2017)1 reviewed a mortgage