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Aerial view of Kansas City, home of Rasmussen Dickey Moore.

Knowledge The Blog

Noah Wilson, the inspiration for Noah's Bandage Project.

By The RDM Team
 · April 12th, 2021

Rasmussen Dickey Moore’s attorneys and staff are dedicated to providing focused service day in and day out to our clients across a broad range of industries. But many of our team members are dedicated to service beyond the office walls, going above and beyond to help make the world a better place.

RDM’s Accounts Payable Specialist Martha Strahler has one such cause she stands behind. As a volunteer with Noah’s Bandage Project, Martha raises funds and awareness for children’s cancer research and supports kids battling with debilitating cancer treatment.

About Noah’s Bandage Project

Noah Wilson and Kansas City Royals pitcher Danny Duffy, a supporter of Noah's Bandage Project.

Noah Wilson was diagnosed with Ewing Sarcoma, a type of bone cancer, at just six years old. Facing daily prods and pokes throughout constant testing and treatment, Noah wished simply for some fun bandages instead of the plain brown strips the hospital kept on hand. Surrounded by other children combatting cancer, all dressed in the same hospital gowns and showing the hair loss and other symptoms of cancer treatment, Noah believed that unique bandages would be seen as a flash of individuality and a badge of honor for the courageous kids battling their frightening diagnoses. With that, Noah began a campaign to collect fun bandages for other children in cancer treatment. To date, Noah’s Bandage Project has collected nearly 7 million bandages.

Though Noah’s initial cancer went into remission, the chemotherapy treatment caused a secondary case of leukemia, from which Noah passed away in 2015. The struggle demonstrated the need for more pediatric cancer research. Only 4% of national cancer research funding goes to pediatric cancer research, and Noah’s Bandage Project has raised over $1 million in an attempt to bridge that divide.

A Family Affair

Martha became involved with Noah’s Bandage Project thanks to her son, Paul Long, who serves as the president of the Noah’s Bandage Project board of directors.

Paul got to know Noah via a shared fandom of the Kansas City Royals. As one-half of the “Cat Suit Guys” duo, Paul was among the most visible fans during the Royals’ 2014 playoff run. Paul and his cat suit cohort John used their spotlight to help bring attention to younger fans, including Noah, giving them opportunities to attend playoff games and meet their favorite players.

Noah's parents Scott and Deb Wilson presenting a check from Noah's Bandage Project to Children's Mercy Hospital Kansas City.

After Noah’s passing, Paul helped to establish Noah’s Bandage Project as an independent non-profit. Alongside her son, Martha has volunteered in support of the organization as they continue to raise funds for research and distribute fun bandages to hospitalized children. In addition to donating funds, Martha also helps to organize bandage drives and send collected bandages to children across the world. She’s even had the opportunity to introduce young patients to some of their Royals heroes, including Danny Duffy and Eric Hosmer.

Martha can also regularly be found volunteering at Noah’s Bandage Project events, such as the upcoming Noah’s Bandage Run 5K in Overland Park, Kansas, as well as golf tournaments and the Volley Llama pickleball tournament.

Noah’s Bandage Project always welcomes donations. You can also organize your own bandage drive to provide hope and fun hospitalized children.

The Johnson & Johnson verdict was delivered at the Civil Courts Building in Downtown St. Louis, MO. Photo by Tom Lampe.

By Brandon Powell and Nathan A. Lindsey
 · April 6th, 2021

Johnson & Johnson is looking to strike a blow to one of the more infamous verdicts in the City of St. Louis. While St. Louis has long had a reputation for plaintiff-friendly decisions, the largest verdict by far was $4.69 billion against Johnson & Johnson for 22 plaintiffs in July 2018.

In the summer of 2020, the verdict was upheld by the Missouri Court of Appeals. On November 3rd, 2020, the Missouri Supreme Court refused to hear an appeal from Johnson & Johnson and Johnson & Johnson Consumer, Inc. in Robert Ingham et al. v. Johnson & Johnson, et al. The courts let stand a state appellate decision which affirmed a $2.2 billion jury verdict against the consumer giant and for women who claimed their ovarian cancer was caused by use of Johnson & Johnson’s talcum powder products.

Johnson & Johnson called the trial verdict “fundamentally flawed” and “at odds with decades of independent scientific evaluations confirming [their products were] safe.” They vowed to appeal the verdict to the Supreme Court.

In March 2021, Johnson & Johnson filed a petition on three issues related to the verdict: whether consolidating 22 plaintiffs into a single case violated due process; whether the punitive damages award was unconstitutional in light of the actual compensatory award; and whether the trial court actually had personal jurisdiction in the case.

The particular issues raised by Johnson & Johnson highlight many of the concerns raised over the years with Plaintiff friendly procedures in St. Louis. Only five of the 22 plaintiffs resided in Missouri. Other than suing the same defendant for the same product, their cases had little in common. These practices have become commonplace in Missouri and are likely to continue without a ruling from the Supreme Court that would change the current litigation climate.

Continue reading Johnson & Johnson Appeals Landmark St. Louis Verdict to the U.S. Supreme Court
Equal Justice Under the Law inscription on the United States Supreme Court building.

By The RDM Team
 · March 26th, 2021

On March 25, 2021, the US Supreme Court ruled that Ford Motor Company is subject to personal jurisdiction in a state lawsuit alleging injuries from a car accident that occurred in the state, even if the car was manufactured and originally sold in another state. In Ford Motor Co. v. Montana Eighth Judicial District Court, et al, the Court provided additional clarity in determining if the connection between a plaintiff’s claims and a non-resident defendant’s activities in the forum state are close enough to support specific jurisdiction.  

Before the Court were two separate Ford cases, one from Montana and one from Minnesota, where in-state plaintiffs claimed injuries from allegedly defective Ford vehicles that were designed, manufactured, and originally sold out of state. Ford, a nonresident of both states, argued it could not be sued in either state because the company’s alleged harmful conduct all occurred elsewhere. The cars at issue were re-sold and re-located by consumers to the respective forum states. Ford argued that there must be a causal link locating jurisdiction only in the states where Ford sold the cars, or where the cars were designed and manufactured. Both states’ supreme courts rejected Ford’s argument, holding that the company’s activities had the needed connection to the plaintiff’s allegations that a defective Ford vehicle caused in-state injuries.

Writing for the Court, Justice Elena Kagan rejected Ford’s “causation-only” approach, holding that the connection between the plaintiffs’ claims and Ford’s activities in the forum state is close enough to support specific jurisdiction. In doing so, the Court reaffirmed its 2017 landmark ruling in Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco County, et al, which held that to be subject to specific jurisdiction, the plaintiff’s claims “must arise out of or relate to the defendant’s contacts” with the forum.  Focusing on the word “or,” the Court explained that the requirement of a “connection” between a plaintiff’s suit and a defendant’s activities extends beyond causality. More than one state can have specific jurisdiction over a nonresident defendant, particularly one that has a “non-causal affiliation between the forum and the underlying controversy,” i.e. an accident occurring inside the state and that involves a nonresident defendant’s product.

The impact that the Ford Motor Co. decision will have on pending and future personal jurisdiction disputes is uncertain. But there is little confusion that Bristol-Myers remains the law of the land. As the Court explained, “Bristol-Myers … reinforce[s] all that the Court has said about why Montana’s and Minnesota’s courts may decide these cases.” Distinguishing the two cases, the Court pointed out that personal jurisdiction was not proper in Bristol-Myers because there was no connection between the forum state, the defendant’s activities there, and the plaintiff’s claims. Unlike the present case, in Bristol-Myers the plaintiffs were not residents of the forum state, the products did not malfunction in the forum state, and the injuries did not occur in the forum state. What Ford Motor Co. makes clear is that the place of a plaintiff’s injury and residence can determine whether a forum state can exercise specific jurisdiction over a nonresident defendant, even if the product at issue was designed, manufactured, distributed, and sold in other states.  If a state resident is injured by a defendant’s product in the forum state, the state court may entertain the resulting suit regardless of where the product was made or sold.  

Justice Samuel Alito filed an opinion concurring in the judgment. Justice Neil Gorsuch, joined by Justice Clarence Thomas, filed a separate opinion concurring in the judgment. Justice Amy Coney Barrett recused.  

Rasmussen Dickey Moore attorney Justin Ijei, winner of the 2021 Missouri Lawyers Media Diversity and Inclusion Award.

By The RDM Team
 · March 25th, 2021

A big congratulations to RDM attorney Justin Ijei! Justin won the 2021 Missouri Lawyers Media Diversity and Inclusion Award for his work leading Rasmussen Dickey Moore’s Diversity, Equity, and Inclusion Committee and for promoting diversity within the legal practice.

With Justin at the helm, RDM has taken great strides to bring diversity and inclusion to the forefront at our firm. “I’m proud that my firm has made diversity, equity, and inclusion a priority for the firm,” says Justin. RDM aims to be a leader in addressing diversity challenges among small and mid-sized firms.

Having been the beneficiary of great mentorship early in his career, Justin aims to guide RDM’s team of young and diverse associates to success in the legal profession. Beyond supporting fellow attorneys from a broad spectrum of backgrounds, Justin also hopes to promote awareness of diversity, equity, and inclusion within the field of law. “Having only diverse hiring practices is not enough.” Professional development and education, along with equitable career advancement opportunities, are key to building practices that reflect the clients and communities they serve.

Justin joined Rasmussen Dickey Moore in 2014, becoming a full partner in 2020. He has delivered outstanding results for RDM clients, including a Missouri Top Defense Verdict and other trial wins.

A graduate of St. Louis University School of Law and the University of Illinois, Justin was part of an Illini football team that went to the Rose Bowl, then a Dean’s Scholar at SLU Law. He has previously been named to the National Black Lawyers’ Top 40 Under 40.

Justin will receive the Missouri Lawyers Media Diversity and Inclusion Award at a virtual ceremony on March 25th. We congratulate and thank Justin for his commitment to diversity, equity, and inclusion both at RDM and in the legal practice as a whole. Congratulations, Justin!

Statue of Thurgood Marshall in Annapolis Square.

By Justin U. Ijei
 · February 26th, 2021

To celebrate Black History Month, we’ve studied freedom suits and the Dred Scott case at St. Louis’ Old Courthouse and examined diversity issues among small and mid-sized firms. Today, RDM attorney and Diversity, Equity, and Inclusion Committee chair Justin Ijei reflects on the life and achievements of Supreme Court Justice Thurgood Marshall, the first Black man to serve in the position.

Although Thurgood Marshall is well known as being the first Black Supreme Court Justice, Marshall was a stellar attorney whose work became a pillar for the civil rights movement. In fact, Marshall argued 32 cases in front of the Supreme Court, the most anyone has argued in history. Of those 32, his clients prevailed in 29.

Continue reading Celebrating the Life of Thurgood Marshall