Workers Can Now Sue Each Other for Negligent Acts

Appearing today in Associated Industries of Missouri’s E-Voice newsletter is an article authored by Brian Weinstock discussing unintended consequences of 2005 Workers’ Compensation Reforms.

Here’s the article: Workers Can Now Sue Each Other for Negligent Acts.

Tobben Questions Springfield Suit Challenging Retirees’ 3% Benefit Increase

Both Tobben & MO Attorney General Seeks Dismissal of Suit

Dan Tobben interview included in “Attorney General’s Office Files for Dismissal in Springfield Pension Lawsuit” on August 2, 2010, KSPR News.

One by one, retired Springfield firefighters and police officers filled the meeting at the Clarion Hotel and Convention Center. Attorney Dan Tobben, representing about 260 of them against the city, gave a presentation. In June, each former public servant was served a summons for a civil case. In the case the city is asking for a declaratory judgment which affirms a legal right or interpretation.

Dan Tobben Comments on KSPR

“The attorney general has said in a pleading file with the court ‘we did not give you an opinion, why are you dragging us into it; we are not threatening to sue you,’” attorney Tobben said.

It’s unclear what is next for the lawsuit. Four judges have said they can’t hear the suit, citing possible conflicts with taking the case.

The City of Springfield is paying the COLA increase. Retirees received their July check.

Read more… KSPR News

Geschke Joins Danna McKitrick’s Litigation Department

ENHANCES FIRM’S CIVIL/COMMERCIAL LITIGATION AND FAMILY LAW PRACTICES

St. Louis, MO – August 5, 2010 – Bringing more than five years’ experience to the firm, Jennifer L Geschke will practice in the civil and commercial litigation department and in family law. Before joining Danna McKitrick, P.C., Geschke worked with another St. Louis firm where she practiced civil and commercial litigation. She also worked with a Washington, Mo. general practice law firm where she focused on civil litigation and family law.

Her business litigation experience includes employment law matters, such as discrimination, wrongful termination and non-compete agreements. She also has a strong background in intellectual property matters involving trademarks and trade secret protection, as well as in class action disputes, complex contracts, and general corporate matters.

Her family law background includes divorce, child custody, child support and paternity. She has been a court-appointed guardian ad litem representing children in divorce and child-abuse cases.

“I was attracted to Danna McKitrick because of its reputation in the St. Louis legal community. Several attorneys recommended the firm, even some who were on the other side during a trial. I look forward to bringing my experience to benefit the firm’s existing clients and attract new ones,” Geschke said.

Geschke has briefed several cases before the Missouri Court of Appeals and the Missouri Supreme Court. While a law student at Saint Louis University School of Law, she clerked for a judge in the U.S. District Court for the Eastern District of Missouri. She has worked in civil litigation in both state and federal court.

“Litigation and family law are two of our fast growing departments at Danna McKitrick. Jennifer has a history of effectively and efficiently pursuing solutions that benefit her clients, in both business-related litigation and family-law-related matters. We are excited that she chose to join us and look forward to bringing her experience to work for our clients,” said David Bohm, principal and co-chair of the litigation department at Danna McKitrick.

Geschke’s undergraduate degree in English is from the University of Missouri – St. Louis where she graduated cum laude. She is admitted to the bar in Missouri and U.S. District Courts in both the Eastern and Western Districts of Missouri.

About Danna McKitrick: Located in Clayton, Mo., Danna McKitrick, P.C. delivers legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. To supplement its local resources, the firm is a member of MSI Global Alliance – an international association of over 250 independent law and accounting firms in 100 countries. www.dannamckitrick.com.

Read “Newsmakers”… Missouri Lawyers Media

Springfield “Pension Lawsuit Unnecessary” Contends Tobben in Springfield News Leader

The Springfield News Leader article entitled, “Pension lawsuit unnecessary, contends lawyer for Springfield police, fire retirees,” features an interview with Dan Tobben.

Hired by the police and fire associations, Tobben has signed on to represent more than half of the retirees.

Speaking with the News-Leader before the closed meeting with his clients, Tobben said he understands the city’s motivation but thinks the suit is unnecessary.

“I don’t think it’s based on ill will,” he said. “To me it’s just unfortunate.”

Tobben said he doesn’t think the restrictions in state law or the constitution apply to the cost-of-living adjustments, which are not new benefits but rather the annual application of an existing one.

He also doesn’t think the suit is based on a real controversy — a view shared by the Attorney General’s Office, which filed a motion July 19 asking that the lawsuit be dismissed.

Read full story… Springfield News Leader

“Is Equitable Subrogation Dead for Lenders and Insurers in Missouri?” Published in Journal of the Missouri Bar

Scott Mueller authored an article entitled, ”Is Equitable Subrogation Dead for Lenders and Insurers in Missouri?” in the July-August 2010 edition of the Journal of the Missouri Bar.

Overview: This article discusses the recent abandonment of the equitable subrogation doctrine as a remedy in Missouri for lenders and how this withdrawal also affects the remedy’s availability to insurers. The article also maps the definitive features of the remedy by synthesizing notable cases that alternately developed and then nearly destroyed the doctrine in Missouri. These cases also project how future courts may rule on future equitable subrogation cases in Missouri.

Remarkably, the doctrine’s fall from grace as a lender’s remedy has been so precipitous as to jeopardize the availability of the remedy for insurers as well.

Read the full article…  Journal of the Missouri Bar

Attorney Kara D. Helmuth Joins Danna McKitrick, P.C.

BRINGS DIVERSE LITIGATION EXPERIENCE TO CLAYTON FIRM

St. Louis, MO – July 28, 2010 – A diverse litigation practice including insurance defense practice drew Kara D. Helmuth to the Clayton-based law firm Danna McKitrick, P.C. Helmuth practices primarily in insurance defense for many industries, including transportation, manufacturing and hospitality sectors.

Representing both claimants and insureds, her responsibilities include a wide range of situations including personal injury and products liability, such as scaffolding failures and barbecue grill fires. She also handles breach of contract cases. Her broad background includes defending claims regarding complex situations such as vicarious liability, negligence, construction defects and subrogation.

“I was attracted to Danna McKitrick for two primary reasons. The firm offers diversity in a wide range of insurance defense practice areas and can handle any issue a client may have, whether it’s transactional or litigation. And, Danna McKitrick provides a positive work environment that emphasizes excellence in our work product while allowing for a life outside of work. I saw they treat their people well,” Helmuth said.

Helmuth graduated magna cum laude from Saint Louis University School of Law and briefly worked for another St. Louis law firm before joining Danna McKitrick. At law school, she interned with the Saint Louis University Law Clinic where she argued before the Missouri Court of Appeals for the Eastern District of Missouri. She also interned with the deputy trial director if the Missouri State Public Defender’s office, where she participated in capital murder trials.

“We are pleased that we are able to attract attorneys of Kara’s caliber. Originally from northern Illinois, she has spent eight years in St. Louis and wants to stay in the area. Kara’s intelligence, enthusiasm and experience expand our capability to serve our rapidly growing insurance defense practice.” said John F. Cooney, a principal at Danna McKitrick.

About Danna McKitrick: Located in Clayton, Mo., Danna McKitrick, P.C. delivers legal representation to businesses (emerging to national), insurers, government-related entities, and individuals throughout the Midwest. To supplement its local resources, the firm is a member of MSI Global Alliance – an international association of over 250 independent law and accounting firms in 100 countries. www.dannamckitrick.com

Read “Newsmakers”… Missouri Lawyers Media
Read “Business News”… Suburban Journals

Listen to Sophy Qureshi Raza on Understanding the Divorce Process on KWMU

An on-air discussion about understanding the divorce process and navigating through it as smoothly as possible.

Don Marsh talks with Sophy Qureshi Raza on St. Louis Public Radio’s July 27, 2010 edition of “St. Louis on the Air.”

Listen to the interview… St. Louis Public Radio

The Future and Success of Small Businesses Discussed in St. Louis Post-Dispatch with Ruth Binger

St. Louis Post-Dispatch interviewed Ruth Binger in an article entitled, “Five Questions:  Ruth A. Binger, lawyer and adviser to small businesses.”

“To me, a business is like a person.  in helping a new business, you create a living thing,” says Binger… Small businesses are not “cookie cutter” endeavors.  They are all very different and complicated.  But one thing I would focus on is getting the right people on the bus.”

A new business becomes you.  You’re thinking about it all the time.  If you have a really great idea, maybe you can find investors, but most people don’t want to invest in something new.  You have to make people want to buy from you.

Read more… St. Louis Post-Dispatch

Dan Tobben’s Commentary on Firefighter & Police Pensions Published in St. Louis Post-Disptach

On May 5, 2010, the St. Louis Post-Dispatch ran an editorial piece that was submitted by Dan Tobben about the St. Louis police and firefighters’ pensions relative to the city’s financial situation.

Excerpt:

Politicians in St. Louis city government appear to be in denial about the causes of police and firefighters’ pension funding issues. Contrary to what city officials have been promoting in the news media, the allegedly generous benefits provided for in the St. Louis police and firefighter pensions are not causing the city’s budget problems…

Firefighters and police officers do not qualify for Social Security because they have a government pension, so their pensions are all that they have when they retire. Firefighters have no health care coverage when they leave the job.

One can imagine how important a stable pension must be to a young recruit before making a decision to join the city’s police or fire department. Would you take a low-paid, dangerous job if you were not offered the incentive of a guaranteed pension with strong disability benefits?

The city’s budget crisis was not caused by public safety pensions.

And it is fundamentally important that the city continue to be served by dedicated police officers and firefighters who serve honorably and with distinction.

Thomas Glick Elected President of The Bar Association of Metropolitan St. Louis

Danna McKitrick, P.C. proud of Tom Glick and his election as BAMSL’s newest president as of May 1, 2010.

Thomas G. Glick from Clayton and principal at Danna McKitrick, P.C was elected as president of The Bar Association of Metropolitan St. Louis (BAMSL) for 2010-2011 at the Annual Meeting held April 13, 2010 at BAMSL headquarters.  He will formally assume the office on May 1, 2010.

Read the official release… The Bar Association of Metropolitan St. Louis

Read “Business in Focus” on May 28, 2010… The Ladue News
Read “Were You There When…” on May 28, 2010… The Ladue News
Read “People in Business” on May 10, 2010… The St. Louis Post-Dispatch
Read “Business News”… Suburban Journals
Read “Newsmakers”… Missouri Lawyers Media

Read “Message from the President”… BAMSL