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

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

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

Kids In the Middle Annual Bugabaloo 2010

Danna McKitrick, P.C. was pleased to join an esteemed group of sponsors for Kids In the Middle’s annual Bugabaloo on April 10, 2010.

Bugabaloo 2010 raised almost $60,000 net for group and individual counseling for kids “in the middle” of their parents’ divorce.

Kids In the Middle® (KITM) is a nonprofit organization that provides counseling, education and support for kids and families when parents decide to separate and divorce.

Danna McKitrick principal, Barbara Blee Maille, is a member of the Kids In the Middle 2010 Board of Directors.

Read “Kids In the Middle Past Events”… Kids In the Middle
Read “Were You There When…” on May 13, 2010… The Ladue News

Sophya Qureshi Raza on Children in Divorce on KWMU interview with Kids in the Middle

An on-air discussion about how to help children deal with their parents’ separation or divorce.

Don Marsh talks with Sophya Qureshi, as well as Judy Berkowitz, Executive Director of Kids in the Middle, and Amanda Moeller, therapist with Kids in the Middle, on St. Louis Public Radio’s April 6, 2010 edition of “St. Louis on the Air.”

Listen to the interview… St. Louis Public Radio

Dan Tobben Quoted in The Daily Northwestern about Evanston Pension Funding

The Daily Northwestern quoted Dan Tobben in “Attorneys’ weekly blog adds voice to pension fund dispute” referring to the firm’s recently launched Protecting Public Pensions blog.

The objective of the blog is to explain the origins of the crisis and how it will eventually be solved. Attorneys Dan Tobben, who successfully represented the St. Louis firefighters in their suit for pension payment, and David Binder started posting on the issue Monday.

“What we’re trying to do is raise the issue and encourage public discussion,” said Tobben, a [principal] at Danna McKitrick in Clayton, Mo. “Evanston needs to solve their problems one way or another, and this discussion hopefully will help them see that.”

“Everything is riding on these pensions,” Tobben said. “To me, the idea that the city doesn’t honor its obligations to its police and firefighters, it’s kind of like if we as Americans don’t honor our obligations to our military.”

Read full story… The Northwestern Daily