David Eisenberg Quoted in St. Louis Record Article Regarding Allegations Without Evidence
Baker Sterchi Member David Eisenberg is quoted in a St. Louis Record article titled “Eighth Circuit: 'Upon Information and Belief' allegations without evidence are permissible to state a claim” concerning a ruling in Ahern Rentals Inc. v. EquipmentShare.com Inc. et al that touched upon what happens when a plaintiff doesn't have actual personal knowledge of facts that are important to his claim and alleges them "upon information and belief".
The publication quotes Eisenberg as saying, “The Eighth Circuit said that in this instance, those particular facts which are alleged on information and belief are not publicly available and are not things the plaintiff would have knowledge of and under those circumstances pleading upon information and belief is permissible to state a claim.”
He added, “Either those facts are completely within the peculiar knowledge of the defendants and the plaintiff won't be able to get to the bottom of them without reasonable discovery, or where the belief that the plaintiff has is based on facts that make an inference of culpability plausible.”
Eisenberg has over thirty years of experience representing Fortune 100 and other companies in employment and labor law matters, consumer and general business litigation, and appellate litigation. He is the editor of Baker Sterchi’s Missouri, Employment & Labor, and Product Liability blogs and has served on the Editorial Board of the ABA Appellate Practice Committee, and on that Committee’s Appellate Rules subcommittee.The St. Louis Record, a publication of the U.S. Chamber Institute for Legal Reform, covers the legal system, focusing on civil actions in the St. Louis area.