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By: Baker Sterchi Cowden & Rice LLC

Latest from BSCR Blogs - Page 6

ABSTRACT: The United States Supreme Court has resolved a circuit split on the question of whether a plaintiff may bring a civil RICO claim for business or property loss resulting from a personal injury. In a 5-4 ruling, the Supreme Court determined that a civil RICO claim may be brought for a business or property loss even if it is derivative of a personal injury, potentially leading to a significant increase in civil RICO claims.

In Medical Marijuana Inc. v. Horn, the United States Supreme Court has resolved a circuit split, holding that a plaintiff may bring a civil

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Continue Reading U.S. Supreme Court Expands the Scope of Potential Civil RICO Claims

On May 8, Baker Sterchi attorneys Nick Ruble and Sara Rakowiecki will co-present, “Trial Strategies in Defending Sexual Harassment Claims,” at the DRI Employment and Labor Law Seminar in Nashville, Tennessee.
The session will feature a live mock sexual harassment trial, where Ruble will act as Plaintiff’s counsel and Rakowiecki will serve as the witness. The pair will demonstrate witness examination, admission of evidence and the development of trial themes, with all participants providing live play-by-play commentary.
Ruble has extensive experience in employment and labor law. He serves as vice chair of Baker Sterchi’s Employment & Labor Practice Group, a…
Continue Reading Nick Ruble and Sara Rakowiecki to Co-Present at DRI Employment and Labor Law Seminar

ABSTRACT: The Missouri Court of Appeals for the Western District reversed and remanded the lower court’s judgment in favor of the defendant, Soo Line Railroad Company, after finding that the lower court erred by allowing decedent’s treating physician, who had not been designated as an expert witness, to testify at trial regarding a new causation opinion not previously disclosed in discovery.

In Ralls v. Soo Line Railroad, plaintiff Shirley Ralls filed a lawsuit under the Federal Employers’ Liability Act, claiming that her late husband developed lung cancer due to his exposure to carcinogens while working for Soo Line Railroad.

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Continue Reading Missouri Court of Appeals Rules Causation Opinion Offered by Treating Physician at Trial Must Be Disclosed in Discovery

ABSTRACT: The Northern District of Texas Issued an Order and Final Judgement vacating the Consumer Financial Services Protection Bureau Rule capping late payment credit card fees after stipulation by both sides that the CFPB violated the law in enacting the same.

The litigation, which had been pending for over a year, filed by the Chamber of Commerce of the United States of America and others against the Consumer Financial Protection Bureau (“CFPB”) and former Director Rohit Chopra (amended to name current Acting Director Russell Vought as a Defendant) regarding the CFPB’s Rule capping credit card late payment fees has

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Continue Reading Resolution Regarding Litigation Challenging CFPB Rule Capping Late Fees May Have Lasting Impact.

Baker Sterchi attorney Alena Johnston has been appointed social media vice chair of the DRI Women in the Law (WITL) Committee for the 2025 term. She also has been named the WITL liaison to the DRI Insurance Law Committee (ILC).
As social media vice chair, Johnston will promote programming and events on the WITL Committee’s social media channels. In her liaison role, she will facilitate networking and membership engagement between the WITL Committee and the ILC.
Based in the firm’s St. Louis office, Johnston focuses her practice on personal injury, commercial litigation, trucking and insurance coverage. She is an associate…
Continue Reading Alena Johnston Takes on Leadership Roles with DRI Women in the Law Committee

ABSTRACT: Consumer Financial Services Protection Bureau advises the Northern District of Texas that it anticipates the parties can reach a mutually agreeable resolution to litigation challenging the CFPB’s Rule capping late payment credit card fees by mid-April.

We continue to monitor the litigation filed by the Chamber of Commerce of the United States of America and others against the Consumer Financial Protection Bureau (“CFPB”) and former Director Rohit Chopra regarding the CFPB’s Rule capping credit card late payment fees.

We have an update to our prior blog posts (here and here) and the litigation that has been pending

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Continue Reading Litigation challenging CFPB Rule capping late fees likely to resolve soon.

ABSTRACT: The 8th Circuit Court of Appeals reversed the district court’s dismissal of several states’ claims against the EEOC challenging enforcement of part of the Pregnant Workers’ Fairness Act that they allege mandates them to make “reasonable accommodations” for state employees who are seeking an abortion procedure.

The 8th Circuit reversed the district court’s dismissal of a case brought by several states (including Missouri) seeking a permanent injunction against enforcement of part of the Pregnant Workers’ Fairness Act (“Act”) because they allege the rule is unconstitutional. Specifically, the states are challenging a rule that requires employers to make reasonable accommodations

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Continue Reading 8th Circuit Changes Course in Standing for States to Sue EEOC over Pregnant Workers Fairness Act

Baker Sterchi associate Lindsey Freihoff’s article, “Emojis in Court: No Laughing Matter,” has been published in the March/April 2025 edition of the Kansas Bar Journal. The article explores what emojis are, how to decipher their connotations, and highlights significant cases involving them. The complete article can be found here, beginning on page 47 (subscription required).
Based in the firm’s Kansas City office, Freihoff focuses her practice on insurance defense, personal injury, premises liability, municipal liability, employment law, professional malpractice and first-party claims. She is a member of the Kansas Bar Association (KBA), where she serves on the Board…
Continue Reading Lindsey Freihoff Article on Emojis in Court Published in Kansas Bar Journal

ABSTRACT: In a matter of first impression, a Missouri Court of Appeals Eastern District panel has held that mobile ride sharing apps may in appropriate circumstances qualify as “products” for purposes of products liability claims.

In a matter of first impression, a majority of a three-member panel of the Missouri Court of Appeals Eastern District held that in certain circumstances mobile ride sharing applications may be considered products to support product liability claims at the motion to dismiss stage. In doing so, the panel applied a new test. The dissenting member concurred with the new test but would have sustained

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Continue Reading Missouri State Appellate Panel Allows Plaintiff to State a Claim for Products Liability Against Lyft for its Mobile Ridesharing App

Baker Sterchi attorney Steve Sanders has been selected by Missouri Lawyers Media to receive the 2025 ICON Award, joining other distinguished individuals aged 60 or older who have demonstrated exemplary legal careers, long-standing commitments to the Missouri legal community, and success beyond the practice of law. The honorees include founding partners, firm leaders and former public officials.
Sanders has built an extensive trial career, having tried more than 60 cases to verdict in state and federal courts across the country. A founder of the St. Louis office of his prior firm, he also served as regional trial counsel for a…
Continue Reading Steve Sanders Selected for Missouri Lawyers Media 2025 ICON Award

Baker Sterchi Member Phil Sumner’s is a contributing author of the article, “Time’s Up! Comparing Reform Efforts on Time-Limited Demands,” published in the March/April 2025 edition of Claims and Litigation Management (CLM) Magazine.
The article compares statutory efforts across different states to reform bad faith law, examining whether these reforms have changed how claimants present time-limited settlement demands and how insurers respond to them. Sumner’s section focuses on the increased complexity of handling time-limited demands in Missouri, including amendments to R.S.Mo. Section 537.065 and the requirements of the new time-limited demand statute, R.S.Mo. Section 537.058.
Sumner defends insurers…
Continue Reading Phil Sumner Discusses Bad Faith Reform Efforts in CLM Magazine Article

Kara Stubbs of Baker Sterchi, in collaboration with Burbidge Mitchell, secured summary judgment in a medical device product liability case before the United States District Court for the Western District of Missouri.
Plaintiffs brought suit against our clients, the entities that designed, manufactured, distributed and sold the Filshie Clip, a Class III medical device. In its Premarket Approval process, the FDA determined the Filshie Clip to be a safe and effective method of female contraception and approved the warnings and precautions found in the device’s Instruction for Use.
The device was implanted during Plaintiff Kristin Bergdoll’s tubal ligation procedure in…
Continue Reading Summary Judgment Obtained on Behalf of Class III Medical Device Manufacturer Based on Preemption

Baker Sterchi attorneys Sam Patterson (Kansas City) and Rachel Schafer (St. Louis) have been accepted into the 2025 Federation of Defense & Corporate Counsel (FDCC) National Ladder Down Program. They were selected for their unique talents, strengths and commitment to personal and professional growth.
With only 24 spots available, the Ladder Down program provides a year-long opportunity for career advancement. The program blends coaching, sponsorship and collaboration among participants to empower women lawyers in three key areas: leadership, business development and mentoring. The FDCC is a prestigious organization of leading defense and corporate counsel worldwide, dedicated to promoting professional excellence…
Continue Reading Patterson and Schafer Accepted into Prestigious FDCC Ladder Down Program

On April 25, Baker Sterchi Member Megan Coluccio will co-present “Masters of Marketing” at the Association of Defense Trial Attorneys (ADTA) Annual Meeting, held April 23-27 in Lexington, Kentucky. The session will cover personal brand development, relationship and network building, client retention marketing, and more.
Coluccio, a trial lawyer based in the firm’s Seattle office, focuses on complex civil rights, professional negligence and municipal liability cases. She serves as the membership chair of ADTA’s West Region and chairs the organization’s “We Prefer to Refer Committee.” She also co-chairs both Baker Sterchi’s Governmental Agencies/Public Entities Practice Group and Trial & Appellate…
Continue Reading Megan Coluccio to Co-Present "Masters of Marketing" at ADTA Annual Meeting

Amy Nevad, Office Administrator for Baker Sterchi’s St. Louis and Belleville offices, has been selected as secretary of the Association of Legal Administrators (ALA) Gateway Chapter’s Executive Board for the 2025-2026 term. She previously co-chaired the chapter’s 2024 Membership Development Committee.
“I am honored to join the executive board and look forward to learning and networking with top professionals in my field,” Nevad said.
As Office Administrator, Nevad manages the day-to-day operations of the St. Louis and Belleville offices and serves on the firm’s Attorney Training and Development Committee.
Since 1971, ALA has provided members with education, networking and a…
Continue Reading Amy Nevad Joins ALA Gateway Chapter Board as Secretary

Baker Sterchi Kansas City attorneys Samantha Patterson and Logan Wallace participated in the 2025 Missouri Organization of Defense Lawyers (MODL) “John L. Oliver, Jr.” Trial Academy at the University of Missouri School of Law in Columbia, Missouri, held from March 26-28. Led by a distinguished faculty of 14 seasoned defense lawyers, including Baker Sterchi Member Clay Crawford, approximately 35 students engaged in the program, assuming the roles of defense lawyers in a mock civil trial.
Patterson focuses her practice on product liability, insurance defense, commercial litigation and personal injury claims. She is vice-chair of the Missouri Bar Association’s Tort &…
Continue Reading Baker Sterchi Attorneys Lead and Participate in 2025 MODL Trial Academy