Laura J. Bettenhausen: Lawyer with Baker Sterchi Cowden & Rice, L.L.C.

Laura J. Bettenhausen

Associate
St. Louis,  MO  U.S.A.
Phone314.231.2925

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Experience & Credentials
 

Practice Areas

  • Complex, Class Action & MDL
  • Commercial
  • Rails-to-Trails
  • Medical Malpractice
  • Personal Injury Defense
  • Product Liability
  • Premises Liability
  • Automotive
  • Trucking
  • Construction
  • Food & Beverage
  • Banking
  • Healthcare
  • Hospitality & Leisure
  • Insurance
  • Pharmaceutical & Medical Device
  • Retail
 
University University of Missouri, Columbia, Bachelor of Music, magna cum laude, Phi Beta Kappa Society member, Pi Kappa Lambda National Music Honor Society member, 2005
 
Law SchoolUniversity of Missouri - Columbia School of Law, J.D., Lead Articles Editor, Journal of Dispute Resolution, Dean’s List, 2008
 
AdmittedMissouri; Illinois; U.S. Court of Federal Claims; USDC, Southern District of Illinois; USDC, Central District of Illinois; USDC, Eastern District of Missouri
 
Memberships 

Memberships & Activities
•The Women Lawyers' Association of Greater St. Louis
•The Lawyers Association of St. Louis
•Missouri Organization of Defense Lawyers
•MODL Trial Academy, 2012
•Bar Association of Metropolitan St. Louis
•Young Lawyers Division, Board Member, 2014
•The Illinois Bar
•The Missouri Bar

 
Biography

Laura Bettenhausen received her Juris Doctor from the University of Missouri - Columbia School of Law. She was the Lead Articles Editor of the Journal of Dispute Resolution. Her practice includes the areas of products liability, premises liability, general negligence, and insurance. She also has participated in class action litigation and has experience in cases involving commercial disputes. She has successfully represented clients in three bench trials (Missouri and Illinois), each resulting in a Judgment in favor of Defendant. Laura has provided legal advice to a large local organization regarding its policies and procedures in an effort to improve internal operations and reduce its liability exposure.

Publications & Presentations

Publications
•Chapter 2 Missouri Litigation Settlements, (MoBar 2nd Ed., 2009 Cumulative Supplement)(Contributor).
•Note, The FAA and the USERRA: Pro-Arbitration Policies Can Undermine Federal Protection of Military Personnel, 2007 J. Disp. Resol. 267.
•Note, Sacrificing Settlement Agreements in the Name of Mediation Confidentiality: The California Supreme Court's Narrow Holding has Harsh Consequences, 2007 J. Disp. Resol. 567.

News & Events

Bettenhausen Selected to Attend MODL's 22nd Annual Trial Academy
12.20.11 Laura Bettenhausen has been selected to attend the Missouri Organization of Defense Lawyers 22nd Annual John L. Oliver, Jr. Trial Academy scheduled for March 28-30, 2012 at the MU School of Law, Columbia, MO...

Results

Judgment attained for attending obstetrician in birth injury case.
BSCR obtained a jury verdict in favor of our client, The Doctors Company, after a week-long trial. The case had been filed and dismissed on two prior occasions when BSCR attorneys were able to negate or nullify the expert testimony of plaintiffs. On the third attempt...

Blog Posts

Failure-to-Update Claims Against Generic Manufacturers Remain Viable
10.16.14 In Franzman v. Wyeth, Inc., et al., the Missouri Court of Appeals for the Eastern District recently reversed the trial court’s judgment in favor of the manufacturers of the generic form of Reglan (the “Generic Defendants”) on the portion of Franzman’s failure-to-warn claim relating to the Generic Defendants’ failure to update their warning labels to reflect the 2004 brand-name label revision.

Weeks II: Alabama bucks the trend and accepts the Innovator-Liability Theory
10.10.14 On August 15th, the Alabama Supreme Court endorsed the theory of “innovator liability” and held for the second time in Wyeth, Inc. v. Weeks, 2014 Ala. LEXIS 109 (Ala. Aug. 15, 2014) that a plaintiff who took only the generic version of a medication could still make a claim against the brand-name manufacturers. While this position remains the minority view, the Weeks case demonstrates that the innovator-liability theory remains an important and contested issue for brand and generic drug manufacturers.

Medical Malpractice: Strict Compliance with the Missouri Health Care Affidavit Statute is a Must
06.16.14 Medical malpractice plaintiffs must comply with the Health Care Affidavit statute (Mo.Rev.Stat. 538.225), or face dismissal.

Workers' Compensation + Retaliation = Missouri Supreme Court adopts the contributing factor standard
04.22.14 A man who sued his former employer, alleging he was discharged in retaliation for filing a workers' compensation claim, appealed on the basis that the trial court used a jury instruction with the wrong standard. In a 5-2 decision written by Judge George W. Draper III, the Missouri Supreme Court rejected the 'exclusive causation' standard and replaced it with the contributing factor standard. On remand and in future cases, the jury must determine whether the plaintiff's filing of a workers' compensation claim was a contributing factor to his or her discharge.

A Winning Strategy: Using Publicly Available FDA Documents in a 12(b)(6) Motion to Dismiss is Advantageous
02.10.14 In Poll v. Stryker Sustainability Solutions, Inc., et al., the U.S. District Court for the District of Arizona notably held that courts may take judicial notice of documents on the FDA's website when considering a motion to dismiss. 2014 U.S. Dist. LEXIS 6309 (D. Az. Jan. 17, 2014).

Mississippi v. Au Optronics: Will There be an Increase in Parens Patriae Suits?
01.22.14 On January 14th, the Supreme Court issued its decision in Mississippi ex rel. Jim Hood, Attorney General v. Au Optronics Corp., et al., No. 12-1036, 2014 U.S. LEXIS 645, and made clear that in order to sustain a mass action in federal court pursuant to the Class Action Fairness Act of 2005 (CAFA), plaintiffs must be named parties before the court.

The Eighth Circuit Paves the Way for More Removals under CAFA's Mass Action Provision
12.04.13 The Eighth Circuit's recent opinion in Atwell v. Boston Scientific Corporation is bound to have an impact on mass action litigation nationwide. Atwell involves the interpretation of the Class Action Fairness Act of 2005 (CAFA), which provides for the removal from state to federal court of certain actions, including mass actions.

 
ISLN919914269
 

Documents by this lawyer on Martindale.com

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Failure-to-Update Claims Against Generic Manufacturers Remain Viable
Laura J. Bettenhausen, November 12, 2014
In Franzman v. Wyeth, Inc., et al., case number ED100312, the Missouri Court of Appeals for the Eastern District recently reversed the trial court’s judgment in favor of the manufacturers of the generic form of Reglan (the “Generic Defendants”) on the portion of Franzman’s...

Weeks II: Alabama bucks the trend and accepts the Innovator-Liability Theory
Laura J. Bettenhausen, October 31, 2014
On August 15th, the Alabama Supreme Court endorsed the theory of “innovator liability” and held for the second time in Wyeth, Inc. v. Weeks, 2014 Ala. LEXIS 109 (Ala. Aug. 15, 2014), that a plaintiff who took only the generic version of the heartburn medication Reglan could still make a...

Medical Malpractice: Strict Compliance with the Missouri Health Care Affidavit Statute is a Must
Laura J. Bettenhausen, June 23, 2014
In a procedurally convoluted case entitled Mayes v. St. Luke’s Hospital of Kansas City, the Missouri Supreme Court has issued a straightforward warning to medical malpractice plaintiffs: strict compliance with the health care affidavit requirement of Mo.Rev.Stat. § 538.225 is mandatory....

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Office Information

Laura J. Bettenhausen

1010 Market Street
St. LouisMO 63101




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