• vcard
816.218.1284
  • Education
    • J.D., magna cum laude, University of Missouri-Kansas City School of Law, 2007, Managing Editor for UMKC Law Review; Highest Grade Award in Contracts I; Elizabeth Pope George Memorial Scholar; Vice Chancellor’s Graduate Honor Award; The Bar Plan Foundation - Roy E. Larson Scholarship; Dean's Honor List
    • B.A., magna cum laude, William Jewell College, 2001, Psychology
  • Court Admissions
    • State of Kansas, 2008
    • State of Missouri, 2008
    • U.S. District Court, Western District of Missouri, 2008
    • U.S. District Court, District of Kansas, 2008
    • U.S. Court of Appeals, Eighth Circuit, 2015

Miriam Bailey works to present complex problems simply. Her careful analysis and straightforward writing clarify client issues for optimal positioning before trial and appellate courts. When significant Daubert motion, dispositive motion, or appellate briefing needs arise, public and private organizations represented by Polsinelli’s litigation practice groups rely on Miriam to thoughtfully frame penetrating arguments.

Miriam has honed her style and strategies while writing in bet-the-company cases, particularly in professional services and construction litigation. But Miriam also has a proven record of efficient and favorable client results in simple contract and insurance-defense disputes, both through settlement and trial. Regardless of a matter’s scale or substance, clients quickly learn that they can depend on Miriam’s responsiveness, attention to detail, and thorough planning.

Clients also benefit from insights that Miriam gained before joining the firm in 2008 while serving as a judicial intern to the Honorable Robert E. Larsen of the U.S. District Court for the Western District of Missouri and the Honorable Duane Benton of the U.S. Court of Appeals for the Eighth Circuit.

  • Drafted appellate briefs and suggestions opposing discretionary review to successfully defend favorable summary judgment providing recovery under ocean cargo policy for acceleration and inefficiency costs incurred to recover from power generation project's scheduling delays. Client was an international construction consulting firm.
  • Drafted appellate briefs and suggestions opposing discretionary review to successfully appeal adverse bench trial judgment in real estate dispute concerning an apartment building, title insurance, and specific performance. Client was a real estate firm with national holdings.
  • Authored successful petition for discretionary review to Kansas Supreme Court concerning appellate decision that effected change in the law concerning the scope of economic loss doctrine's application. Client was a national manufacturing firm.
  • Co-authored summary judgment briefs securing summary judgment in the Circuit Court of Jackson County, Missouri, on two claims of legal malpractice seeking damages based on alleged stock market losses. Case would have otherwise been tried to a jury for approximately two weeks.
  • Litigated and implemented complex discovery proportionality parameters in ESI-intensive matter and authored Daubert and summary judgment briefs to favorably posture case concerning legal malpractice and securities fraud for trial and ultimately settlement.
  • Solo-chaired state bench trial and drafted and argued post-trial briefs to defend restaurant chain client in commercial lease dispute.
  • Co-chaired state bench trial and drafted post-trial and appellate briefs to obtain and successfully defend favorable monetary judgment for client in automotive dealer floor plan financing dispute.
  • Primary drafting attorney on team responsible for defending bitcoin mining equipment manufacturer facing Federal Trade Commission action seeking ex parte temporary restraining order and preliminary injunction. Successfully defeated FTC attempt to secure preliminary injunction under Section 5(a) of the FTC Act. FTC v. BF Labs Inc., No. 14-CV-0815-BCW, 2014 WL 7238080 (W.D. Mo. Dec. 12, 2014).
Publications & Presentations
Author, Missouri Lawyers Weekly
June 27, 2016
Publications & Presentations
Missouri Appellate Practice & Procedure: Basics
Presenter, Kansas City Metropolitan Bar Association CLE by the Hour
June 23, 2015
Publications & Presentations
Practical Law, a Thomson Reuters Company
Co-Authors: Amy Morgan and Miriam Bailey
February 2, 2015
Publications & Presentations
Practice Law, a Thomson Reuters Company
Co-Authors: Amy Morgan and Miriam Bailey
February 2, 2015
Publications & Presentations
Additional Civil Appeals: Kansas
Co-author, Practical Law
2015-present
Publications & Presentations
Initial Civil Appeals: Kansas
Co-author, Practical Law
2015-present
Publications & Presentations
Issues and Ethics in Managing an Appellate Practice
Kansas City Metropolitan Bar Association
Panelist for Association-Sponsored CLE
October 29, 2014
Publications & Presentations
Survival, Gratitude, and Community
KC Counselor
October 2013
Publications & Presentations
Proportionality: Why Wait?
Webcast presentation on the changing landscape of proportionality arguments in federal discovery disputes and practical strategies for limiting discovery scopes under Federal Rule 26(b)(2)(C)(iii)
October 2010
Publications & Presentations
The Alpha Subpoena Controversy: Kansas Fires First Shot in Nationwide Battle Over Child Rape, Abortion and Prosecutorial Access to Medical Records
74 UMKC L. Rev. 1021 (2006)
Summer 2006