News & Announcements

Judge: Former St. Louis Excise Commissioner Robert Kraiberg Should Be Reinstated

In March 2016, the City of St. Louis fired Robert Kraiberg from his position as excise commissioner.   Kraiberg was fired without being provided a statement of cause, as required by the civil service provisions of the city charter. Kraiberg’s firing was upheld by the Civil Service Commission (CSC).  The CSC decision was reversed on October 2, 2017 in a judgment issued by St. Louis Circuit Court Judge Robert Dierker, who ordered that Kraiberg be reinstated, with back pay and benefits.

According to David Bohm, attorney for Kraiberg, “This is a vindication of Mr. Kraiberg, with Judge Dierker finding that the city wrongfully failed to follow the civil service provisions of the charter and civil service rules when it fired Mr. Kraiberg without cause. This is a victory not only for Mr. Kraiberg, but also for civil service protections and the rule of law, generally.”

Judge Dierker further found that it was improper for political appointees of the former administration to attempt to influence the “quasi-judicial” decisions of the excise commissioner regarding license applications in “back room” meetings.

Finally, the judge found that it was an improper conflict of interest for the city counselor to be present in closed meetings of the CSC at which Kraiberg’s appeal was decided (and at which Kraiberg and his attorney were not allowed to be present), given that the city counselor’s office had represented the director of public safety at the hearing before the commission’s hearing officer.

Bohm added, “It is hoped that the city will turn a new page, reinstate Mr. Kraiberg, and scrupulously comply with civil service requirements in the future, rather than attempting an end run around these provisions, as did the previous city administration.”

St. Louis Post-Dispatch article – 10/4/17
Riverfront Times article – 10/4/17

Federal Judge Rules in Favor of PSL Owners in Lawsuit Against the Rams

A federal judge in St. Louis has ruled that persons who had purchased Personal Seat Licenses (PSLs) and continued to purchase season tickets through the end of the team’s tenure in St. Louis are entitled to compensation or to purchase season tickets in LA, depending upon the PSL agreement which they had entered into.

David R. Bohm Attorney at Law

David R. Bohm
Attorney at Law

Two contracts exist: one with FANS Inc. and the other with the Rams.

PSL owners who purchased from FANS Inc. will receive a refund.   The Court held that by moving to LA, the Rams had terminated the PSL agreement with those PSL holders who entered into an agreement with FANS, Inc., but not with fans who had entered into an agreement with the Rams. Continue reading »

David Bohm to Represent Former St. Louis City Excise Commissioner

David Bohm will represent the long-time former City of St. Louis Excise Commissioner Robert Kraiberg against the City of St. Louis. Kraiberg was terminated from the position he has held since 1986.

Read the full article … St. Louis Post-Dispatch

Danna McKitrick Attorneys Represent PSL Owners in Lawsuit Against St. Louis Rams

David R. Bohm, John F. Cooney, and Robert L. Devereux, attorneys with Danna McKitrick, P.C., are representing several personal seat license (PSL) owners in a lawsuit seeking class action status against The St. Louis Rams LLC. Continue reading »

Tom DeWoskin Appointed as Receiver for Shaun Hayes’ Partnership Interests

A. Thomas DeWoskin Attorney at LawTom DeWoskin, an attorney with Danna McKitrick P.C.’s Bankruptcy and Creditor’s Rights practice group, has been appointed by the St. Louis County Circuit Court as receiver for Shaun Hayes’ interests in Fordyce Brown Enterprises LP and numerous other entities in which he is believed to have an interest.

Receivers can be appointed by state or federal courts to locate and preserve a defendant’s assets. This keeps them available to satisfy plaintiffs’ claims (if allowed by the court). In some cases, the receiver operates the defendant’s business to preserve its value. Receiverships play an important role in the legal practice areas of bankruptcy, debtor-creditor relations, and insolvency in general. Continue reading »

Attorneys Jeff Schmitt and David Zobel Argue Successfully Before Missouri Supreme Court

Jeffrey R. Schmitt and David A. Zobel, attorneys with Danna McKitrick, P.C., have successfully argued Naylor Senior Citizens Housing, LP, et al. v. Sides Construction Company, Inc., et al. before the Missouri Supreme Court. The case addressed Missouri law’s requirement that businesses have legal counsel representing them in lawsuits filed in the state’s courts.

Jeffrey R. Schmitt Attorney at Law

Jeffrey R. Schmitt
Attorney at Law

In the original case, Naylor Senior Citizens Housing, LP, et al. and John Dilks v. Sides Construction Company, Inc., et al., a partner in two limited partnerships filed a lawsuit on their behalf against several defendants alleging negligent design or construction of a building.  Because the lawsuit was filed by the partner, not by an attorney as required by law, the defendants argued for dismissal.  The trial court agreed, dismissing the claims. The court further stated that the filings were null and void, as if they never happened.

David A. Zobel Attorney at Law

David A. Zobel
Attorney at Law

The partnerships appealed to the Missouri Court of Appeals for the Southern District. The Court of Appeals reversed the trial court’s decision, ruling that the partnerships should have been allowed to amend the lawsuit to add the signature of a licensed attorney on their behalf and correct the error made by the partner by personally filing the lawsuit.

Due to discrepancies between the Court of Appeals’ decision and prior decisions in other Missouri courts regarding legal representation of corporate entities in lawsuits, Schmitt and Zobel sought and won transfer of the case to the Missouri Supreme Court on behalf of one defendant. Continue reading »

Attorney Tom DeWoskin on the Sale of TV Stations in Roberts Brothers Bankruptcy Case

A. Thomas DeWoskin Attorney at LawBoth the St. Louis Post-Distpatch via and the St. Louis Business Journal reported on Wednesday, December 11, 2013, that the remaining three stations owned by Roberts Broadcasting will be sold to the ION Media Networks. Attorney Tom DeWoskin represents Roberts Broadcasting.

The stations, located in St. Louis, Columbia, S.C., and Evansville, Ind., would be placed in a trust with ION as the beneficiary of the trust.

As reported on, “the proceeds from the sale of the four stations will pay creditors.”

“All the creditors are getting paid in full,” said Tom DeWoskin, Roberts Broadcasting’s attorney.

The bankruptcy case remains pending in St. Louis. DeWoskin said he expected a confirmation order for the sale of the stations, which will allow Roberts Broadcasting to emerge from bankruptcy, to be signed by Judge Barry Schermer next week. Additionally, the transfers of the TV licenses must be approved by the Federal Communications Commission, which could take several weeks.

Read the St. Louis Post-Dispatch / article

Read the St. Louis Business Journal article

Bohm States Increased Tourism Taxes Equate to “Double Taxation” in St. Louis

David Bohm interviewed in St. Louis Business Journal article entitled, “St. Louis hotels livid over taxes“.

David Bohm, a lawyer at Danna McKitrick, said he is preparing two suits, one to be filed in St. Louis County and one in St. Charles County, on behalf of the owners of the Seven Gables Inn and the Ritz-Carlton in Clayton, the Cheshire Inn in Richmond Heights, and the Drury Inn in St. Peters. Other plaintiffs may be added, he said. In all, four hotels are located in Clayton, three in Richmond Heights, and five in St. Peters.

The lawsuits will contend that additional tourism taxes imposed by the cities would be unconstitutional because they are beyond the taxing authority granted by the state legislature. “It’s a double taxation,” Bohm said.

Read more… St. Louis Business Journal

Brian Weinstock Quoted in St Louis Business Journal on Recent Historic Tax Credits Judgment

A St. Louis Business Journal article features Danna McKitrick attorney, Brian Weinstock, in its coverage of a dispute over state historic tax credits–the outcome of which sets precedent for the assignment of the credits.

“In Missouri, there are no cases that discuss the specific performance of assigning historic tax credits to a party,” Weinstock said. The St. Louis County judgment found that J & J Builders could pursue assignment of the tax credits through the Missouri Department of Economic Development.

Read news story… St. Louis Business Journal

Danna McKitrick Attorney, Brian Weinstock, Earns Judgment Involving Historic Tax Credits


St. Louis, MO – In a case involving an award that includes future State of Missouri Historical Tax Credits for the rehabilitation of two structures on the south side of St. Louis, a judge awarded $1.1 million for breach of a construction and financing contract.

The judgment follows a complex effort to finance the rehabilitation of two structures located at the intersection of Virginia and Cherokee Streets. Defendants’ counsel at one point also included defendant Richard Coffin who, according to his LinkedIn profile, was a Federal Prosecutor with the U.S. Department of Justice.

The case involved J and J Home Builders, Inc. d/b/a HomeSource v. Cherokee Villas, L.L.C. and was tried before Judge Robert Cohen. The plaintiff was represented by Brian Weinstock of Danna McKitrick, P.C.

J and J Home Builders, Inc. d/b/a HomeSource entered into a construction and financing agreement with Cherokee Villas, LLC with personal guarantees executed by Richard Coffin, Thomas Beck, Leigh Ann Verhelle and Rokas Varanavicius because capital was needed to complete the renovation to the parcels. J and J Home Builders, Inc. d/b/a HomeSource was to provide financing for the parcels and pay off pre-existing debt with Frontenac Bank. In addition to finding for the plaintiff for repayment of the principal and interest of the loan, the judgment included any future Missouri Historical Tax Credits for which the project may qualify as a key part of the original agreement. Plaintiffs estimate that the tax credits could range from zero to $150,000.

“We think that this is a fair judgment and breaks new ground in the area of tax credits being part of a case before they are awarded when predicated as part of the loan,” said Brian Weinstock an attorney with Danna McKitrick who represented J and J Home Builders, Inc. d/b/a HomeSource.

Plaintiff attempted to obtain Missouri historical tax credits, however some of the required paperwork was missing. Additionally, the defendants in the case delayed and refused to provide a release and assignment of the Missouri historical tax credit file held by the Missouri Department of Economic Development.

About Danna McKitrick, P.C.:Located in Clayton, Mo., Danna McKitrick, P.C. represents businesses (emerging to national), insurers, government-related entities, and individuals throughout the Bi-state St. Louis area and adjoining states. To supplement its local resources, the firm is a member of MSI Global Alliance – an international association of more than 250 member firms in 100 countries. The firm can be viewed on the Web at