Civil Litigation

Field sobriety tests can be unreliable. Anything from the shoes a person is wearing to the weather conditions on the side of the road can cause a person who is sober to appear intoxicated. People who have certain medical conditions might appear intoxicated during field sobriety tests when they are not. Unfortunately, police officers do not often listen to the person they have pulled over when he or she tries to explain how his or her medical condition might influence the results of the test. This can lead to needless DUI arrests. A Naperville, IL criminal defense attorney can take
Continue Reading Medical Conditions and False Positive Field Sobriety Tests

Baker Sterchi Member Kara Stubbs has once again been recognized as a leading lawyer in the Product Liability section of the 2024 edition of Who’s Who Legal: Life Sciences. This publication provides a comprehensive analysis of the leading lawyers around the world handling complex patent litigation, product liability cases, and regulatory and transactional matters within the life sciences sector.
Stubbs has extensive product liability experience, particularly in defending pharmaceutical and medical device manufacturers. She serves as co-chair of Baker Sterchi’s Pharmaceutical and Medical Device Practice Group and frequently authors papers and speaks at conferences around the country on issues
Continue Reading Kara Stubbs Recognized Among Top Product Liability Lawyers in WWL: Life Sciences 2024

Probate – Inventory and Final Accounting: Do I Need To Do Them? When it falls to a family member, friend, or trusted confidant to take on the role of executor it comes with a lot of responsibility. You are accepting Read More….
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ABSTRACT: As manufacturers seek to limit the ability of consumers and third parties to repair their products, state and federal legislators introduce “right to repair” legislation that would loosen those restrictions.

Repairing complicated digital equipment has become increasingly difficult in recent years. In most instances, a consumer in need of a repair of any digital equipment has few, if any, choices for where and how the equipment is repaired. The original equipment manufacturer (OEM) will typically only offer the tools, parts, and information necessary to make those repairs through the OEM itself or a licensed dealer. As a result, consumers
Continue Reading Right to Repair Laws: An Overview and Legislative Update

Buying a multi-unit building that is already occupied is likely one of the simplest ways to become a landlord or expand your business. However, working with existing tenants can be challenging if the previous landlord was not so concerned with keeping the property well-maintained and enforcing policies set out in the lease. If you have found yourself in a situation where you have tenants who do not respect the terms of a lease you did not write but now own, you may be faced with backlash when trying to create a nicer community. Evicting existing tenants may eventually become necessary.
Continue Reading Existing Tenants and Rule Enforcement for New Landlords

ABSTRACT: The banking industry and financial services business groups did not wait long to file litigation challenging a recent rule enacted by the Consumer Financial Protection Bureau looking to limit the fees credit card issuers can charge for late payments.

We have our eyes on recent litigation arising out of the Northern District of Texas. On March 7, 2024, a lawsuit challenging a new rule issued by the Consumer Financial Protection Bureau (“CFPB”) on March 5th, 2024, was filed by the American Bankers Association and other financial services business groups (collectively the “ABA”). The TILA has a statutory requirement that
Continue Reading Litigation is not late in challenging new CFPB Rule capping credit card late fees.

“I have not received a penny…I should have had nine weeks wages now through no fault of my own,” said Nellie Kershaw — a young, hard-working British woman who died in poverty from asbestosis in 1924.
Nellie was a wife and mother who unknowingly went to a job for 14 years that slowly poisoned her. She, and later her husband, begged for rightful compensation as she lay on her deathbed, but ultimately received nothing.
Her death would become the first documented case of occupational asbestos exposure in medical literature — but Nellie never knew that exposure to asbestos could cause
Continue Reading Nellie Kershaw: An Inspiration to Stand Up Against Asbestos Exposure

Interpleader and how it can help your company avoid conflicting claims and liability If you work as inhouse counsel for a company that handles money or property for others, you can often face a situation where you receive conflicting requests Read More….
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ABSTRACT: Yearly data released by the Greater Kansas City Jury Verdict Service shows the number of jury verdicts climbed back to pre-pandemic levels. In 2023, there was an increase in the average value of plaintiff-friendly jury verdicts even with outlier verdicts removed from the calculus. Jackson County, Missouri continues its streak of being the most plaintiff-friendly venue across the Kansas City area.

Number of Jury Trials Return to Pre-Pandemic Totals
According to the Greater Kansas City Jury Verdict Service, the total number of jury trials in the Kansas City metropolitan area has risen every year since the COVID-19 pandemic. In
Continue Reading Kansas City Area Returns to Pre-Pandemic Jury Verdict Trends

Every year, the Asbestos Disease Awareness Organization (ADAO) dedicates the first full week of April to Global Asbestos Awareness Week (GAAW). From April 1 to April 7, Simmons Hanly Conroy will join advocates across the world in the fight to ban asbestos.
For 20 years now, the ADAO has dedicated itself to generating much-needed awareness of the dangers of asbestos, preventing exposure to the carcinogen and fighting to ban all use and imports of asbestos in the United States.
This year, GAAW falls just weeks after the Environmental Protection Agency (EPA) announced a ban on the importation and use of
Continue Reading April 1-7 Marks the 20th Annual Global Asbestos Awareness Week — Here’s What to Know

It is common for a person who gets arrested to be charged with more than one criminal offense. This is especially true if your arrest stemmed from a traffic stop. People may get pulled over for a mundane reason, like speeding or having a taillight out, only for the police to discover that the person appears to be under the influence of drugs. Then, while making a DUI arrest, the police search the vehicle and discover that the person is also in possession of drugs. Now, the arrestee is facing both a DUI and a possession charge. If the
Continue Reading Defending Multiple Criminal Charges in Illinois

ABSTRACT: The Eastern District of the Missouri Court Appeals addresses the use of Artificial Intelligence in preparing appellate pleadings and more specifically, the citation to fictitious legal authority. The court noted that citation to such “bogus” authority was a flagrant violation of a litigant’s duty of candor to the court.

A February 13, 2024 opinion by the Missouri Eastern District Court of Appeals in Kruse v. Karlen addressed for its first time the use of generative A.I. to create fictitious legal authority and a litigant’s citation to that authority.  The trial court in Kruse awarded a former employee, Molly Kruse
Continue Reading When Artificial Intelligence leads to Genuine Stupidity

Baker Sterchi Cowden & Rice is featured in the March 2024 newsletter for Garfield Elementary School. The section, titled “Community Partners make a difference!” highlights the firm’s long-standing partnership with the school and efforts in the community.
The firm’s partnership with Garfield Elementary began with the 2013-2014 school year. Over the course of the partnership, Baker Sterchi attorneys and staff have made donations of school supplies, winter coats and accessories, books, and more. Additionally, firm attorneys and staff have volunteered in weekly reading programs with students.
Garfield Elementary, located in Kansas City, Missouri, serves a diverse student body of approximately
Continue Reading Baker Sterchi Featured in Garfield Elementary School's March 2024 Newsletter

ABSTRACT: St. Clair County, Illinois held the first of many Enfamil trials which lasted 4 weeks and resulted in a $60 million verdict.

In a landmark case tried in St. Clair County, Illinois, Watson v. Mead Johnson, 21 L 1032 (“Enfamil trial”), a $60 million verdict may very well force hospitals to recalibrate their policies on what to feed very low birth weight (VLBW) preemies under 34 weeks. Ms. Watson filed her case on October 28, 2021, after her premature son died of necrotizing enterocolitis (NEC) which she claims he got after he was placed on cow’s formula instead of
Continue Reading Landmark $60 million Enfamil verdict out of St. Clair County Illinois

On March 18, 2024, the Environmental Protection Agency (EPA) announced the agency would be banning the use of chrysotile asbestos.
An asbestos ban was first passed in 1989, but it was overturned in 1991. Since then the government has failed to protect the public from asbestos and its resulting health issues like mesothelioma. As a result, 40,000 people die from asbestos-related diseases every year.
One of the few options for justice victims have had is through mesothelioma lawsuits filed long after the damage was already done.
The EPA’s asbestos regulation is a historic move to protect workers in industries that
Continue Reading EPA Bans Chrysotile Asbestos in Historic Announcement

Partition -What is it for and how do I get started? When people come to share property, they do so with the expectation that they will share it equally and in good faith. Often this can be property purchased by Read More….
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