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Sep 20

Baker Sterchi prevails on Appeal - Dismissal for Lack of Personal Jurisdiction Affirmed


Suit was filed against a Baker Sterchi delivery service provider client in Jackson County, Missouri, alleging retaliation and discrimination against an employee who was injured while working in Kansas. The plaintiff, who resided in Kansas City, Missouri, filed suit in the plaintiff-friendly Jackson County Circuit Court, alleging that tortious acts occurred in Missouri because his employment was allegedly terminated via a text message he received while in Missouri.  Baker Sterchi attorneys moved to dismiss for lack of personal jurisdiction over the employer, arguing that the text message exchange was insufficient to establish minimum contacts to satisfy due process and did not satisfy Missouri’s Long-Arm statute.  Plaintiff appealed to the Court of Appeals for the Western District of Missouri.  The Court of Appeals affirmed the Circuit Court’s dismissal, finding that a text message exchange initiated by a Missouri resident was insufficient to establish that the employer intended to conduct business in Missouri or avail itself of the jurisdiction of Missouri courts.  The case is Cedric Fields v. Turbam, LLC, No. WD86921.