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Jul 13, 2022

David Eisenberg Quoted in St. Louis Record Regarding Dismissal Due to Late-Filed Affidavits

Baker Sterchi Member David Eisenberg is quoted in a recent St. Louis Record article titled “Missouri Supreme Court upholds dismissal of med mal lawsuit due to late-filed expert affidavits,” concerning the Missouri Supreme Court’s recent dismissal of a medical malpractice case, in which the Court ruled that the plaintiff’s untimely filing of an "affidavit of merit" required dismissal. The Court emphasized the difference between court deadlines establish in a court rule or court order (such as a scheduling or case management order), and those (like the affidavit of merit requirement) established by statute.

Eisenberg said that “if you are a practitioner, you have to be alert to what kind of deadline you're dealing with and if it's something that shows up in a statute and that statute doesn't cut you slack and give you leeway, you can have a serious problem for missing a deadline,” and added “the Supreme Court said that these statutory deadlines are not extendable by the court and the court's own rule permits for extension only if deadlines are imposed by a court order or a rule.”

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.