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Old Facts and (no) New Tricks - Res Judicata Applies Despite Plaintiff’s Change in Legal Theory
  • Baker Sterchi Cowden & Rice LLC
  • 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
  • Baker Sterchi Cowden & Rice LLC
  • 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
  • Baker Sterchi Cowden & Rice LLC
  • 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
  • Baker Sterchi Cowden & Rice LLC
  • 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
  • Baker Sterchi Cowden & Rice LLC
  • 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


Insurance Bad Faith Litigation Reform is Sweeping into Missouri
  • Baker Sterchi Cowden & Rice LLC
  • 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


Court Muzzles Counsel: Says Defendants Cannot Ask Plaintiffs if Their Attorneys Referred Them to Treating Physicians
  • Baker Sterchi Cowden & Rice LLC
  • USA
  • April 27 2017

Defense lawyers routinely ask personal injury plaintiffs how they came to be treated by their doctors. But defense lawyers in Florida will no longer


Missouri Court of Appeals Upholds Acceptance Doctrine to Absolve General Contractor of Premises Liability
  • Baker Sterchi Cowden & Rice LLC
  • USA
  • April 21 2017

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


Community Banks Press On in Fight for Regulation Reform
  • Baker Sterchi Cowden & Rice LLC
  • USA
  • April 5 2017

One of the more compelling, but sometimes unheeded, arguments against heavy banking regulations is the plight of the community bank. The expense and


The Daubert Standard - Coming Soon to a Missouri Court Near You
  • Baker Sterchi Cowden & Rice LLC
  • USA
  • March 31 2017

Earlier this week, Governor Eric Greitens signed Missouri HB 153 into law. HB 153, which supplants Missouri’s existing expert witness standard with