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Lawyers like words. They throw them around a lot, but in truth, words are central to our profession; they tell the story of a case, they light up the…
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Baker Sterchi Cowden & Rice LLC | USA | 28 Jun 2022

Brokers lose preemption battle (for now) in the war of broker liability.

As part of a movement toward deregulation of several industries, Congress, via the Motor Carrier Act of 1980, partially preempted state regulatory…
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Baker Sterchi Cowden & Rice LLC | USA | 27 Jun 2022

If You Want to Arbitrate, You Had Better Act Like It

The U.S. Supreme Court has regularly stated that arbitration agreements subject to the Federal Arbitration Act should not have special rules above…
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Baker Sterchi Cowden & Rice LLC | USA | 22 Jun 2022

Timely Motion for Change of Judge Strips a Judge's Authority to Rule on Subsequent Motions

In Worth v. Roden, the Eastern District Missouri Court of Appeals, held that that when a timely motion for change of judge under Missouri Supreme…
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Baker Sterchi Cowden & Rice LLC | USA | 6 Jun 2022

EEOC issues new guidance on employer use of AI, and compliance with the Americans with Disabilities Act.

On May 12, 2022, the Equal Employment Opportunity Commission issued a new comprehensive “technical assessment” document to aid employers with…
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Baker Sterchi Cowden & Rice LLC | USA | 25 May 2022

Mulligan of an Affirmative Defense: Missouri Supreme Court holds physician-patient privilege not waived by having asserted certain affirmative defenses

At issue before the Missouri Supreme Court was whether a party’s assertion of an “assumption of the risk” affirmative defense…
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Baker Sterchi Cowden & Rice LLC | USA | 19 May 2022

Missouri Court Clarifies Issues of Prejudgment Interest Pre-2021

The State of Missouri allows for prejudgment interest in breach of contract cases, as well as other types of claims. In breach of contract cases…
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Baker Sterchi Cowden & Rice LLC | USA | 16 May 2022

Missouri Court of Appeals Finds Conduct Resulting in Punitive Damages Triggers Policy Exclusion for Intentional Acts

Missouri insurers can breathe a sigh of relief as the Missouri Court of Appeals, Western District, finds an insured’s fraudulent conduct precludes…
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Baker Sterchi Cowden & Rice LLC | USA | 5 May 2022

Admitting agency no longer bars direct negligence theories in Illinois.

An effective tool in attempting to limit recovery and the scope of discovery in Illinois may be gone. In McQueen v. Green, a tractor-trailer accident…
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Baker Sterchi Cowden & Rice LLC | USA | 3 May 2022

Missouri Debates Shortening its Personal Injury Statute of Limitations

At five years, Missouri currently has one of the longest personal injury statute of limitations of any state. In fact, only two states, Maine and…
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Baker Sterchi Cowden & Rice LLC | USA | 27 Apr 2022

Supreme Court Declines to Provide Clarity on Responding to Sexual Harassment in Trucking Industry

Driving on I-70 heading west from East St. Louis, Illinois, one crosses the Mississippi River into Missouri, and about 250 miles later, crosses the…
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