Successful Legal Malpractice Litigation Leads to Award for Attorneys Dan Tobben and Kara Helmuth

In recognition of receiving a summary judgment and prior dismissal on claims worth $28 million, Missouri Lawyers Weekly honored Danna McKitrick, P.C. Attorneys Daniel G. Tobben and Kara D. Helmuth, along with the rest of the defense team, as “Missouri Attorneys Securing the Largest Defense Verdicts in 2012” at the 2013 Missouri Lawyers Awards.

In June 2012, Tobben and Helmuth were part of a team that successfully represented an attorney against a legal malpractice lawsuit brought by Coin Acceptors, Inc.

In Coin Acceptors Inc. (“Coinco”) v. Haverstock, Garrett & Roberts et al., Judge Robert H. Dierker Jr. granted summary judgment in favor of the lawyers and law firms on the claims related to one of the disputed patents where the attorneys involved had allegedly mishandled patent infringement litigation. The claims related to alleged malpractice concerning a different patent were previously dismissed by Judge Dierker due to the expiration of the statute of limitations.

Collectively the claims were for $28 million against the attorneys and law firms who represented Coinco in the original litigation, which began in 1990, and involved multiple Mars Inc. patents on two coin acceptor designs. Coinco ultimately lost its patent-infringement case, paying Mars a total of $27.7 million. Continue reading »

IP Attorney Jeff Michelman on the Public Employee’s Expectation of Privacy

In “The Supreme Court Speaks on Public Employee Electronic Privacy (But What Did the Court Say?)” in the St. Louis Bar Journal, intellectual property attorney Jeff Michelman gives employers and employess a lot to think about regarding privacy and technology in the workplace.

Co-authored by Stefan Knudsen, counsel with MFA, Inc., in Columbia, MO, this article takes a hard look at the 2010 U.S. Supreme Court decision in Ontario v. Quon, which involves public employees’ rights of privacy while using employer-owned technology. In this case, a police sergeant was disciplined for using his work pager for personal texts on the job, casuing him to go over his allowed usage.

In the discovery, it was determined his actual usage for work was minimal, and his personal texts contained inappropriate messages. His employer did not review all of his messages – but chose a representative two-month period for review. The sergeant sued claiming his 4th Amendment rights were violated. The U.S. Supreme Court ruled that the sergeant’s rights were not violated.

How do Michelman and Knudsen believe the ruling will affect employees’ right to privacy?

“It is crucial for employers to proactively notify employees—in writing—that they are to have no expectation of privacy on work-issued technology. Furthermore they need to enforce use policies of work-issued technologies.”

The article gives insight into what the decision may means, and what it does not mean, for employees and employers in respect to privacy on employer-owned electronic devices.

“Where a the employer needs to monitor, audit, search, or seize information from work-issued technology the employer must have a business-related purpose to do so, and the search must be limited to only that purpose. By the same token employees should attempt to keep personal information and data off of employer-owned technology resources.”

To read the full article, log into the St. Louis Bar Journal.

Dan Tobben Takes Case of Disabled Firefighter over Disability Pay

A disabled Joplin firefighter has filed a lawsuit against Joplin and its Police and Firemen’s Pension Fund over what he contends is miscalculation of his disability pay over a duty-related disability. Rather than receiving one-half of his prior working wages, he is receiving only slightly more than a third of the wages he made when he was working.

According to his attorney, Dan Tobben, two issues are in play.

First, the city is not granting the full amount of service for the firefighter (15 years and 11 months) but is rounding it down to 15 years.

Second to the case, and more important, involves a change to the plan in 1993. Tobben asserts that the pension board did not disclose to the firefighters prior to a vote to amend their pension changes years regarding a reduction in benefit pay to those with less than 20 years of service. This change decreased the benefit pay from one-half of their working pay at the time of disability to one-third of their pay.

When Tobben appeared before the pension board in May, he stated that there is nothing that documents that firefighters were informed of the change to their disability pay and if they had been informed, the firefighters never would have voted for the amended plan.

Read more… Joplin Globe

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

BREACH OF CONSTRUCTION AND FINANCING CONTRACT

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 www.dannamckitrick.com.

Tom DeWoskin Comments on Effect of Economy on Small Business

Unfortunately, one of Tom DeWoskin’s clients needs to file for Chapter 11 reorganization.  He was interviewed by The St. Louis Business Journal.

Read more… St. Louis Business Journal
Published: July 31, 2009

Pension Reduction Not Among Ideas

Moving new police and firefighters to a state retirement system, restructuring the pension board and increasing revenue — possibly through another, smaller sales tax — all are likely topics of discussion when the police-fire citizen task force reconvenes on Wednesday…The police and firefighter associations and their attorney, Dan Tobben, argue that promised benefits — including those yet to be earned — are a contractual obligation the city must pay.

Read more… Springfield News-Leader
Published: June 19, 2009

Brentwood-based KV Directors, Officers Will Repay $3 Million

Jeff Schmitt and James Heffner among plaintiffs’ attorneys representing KV Pharmaceutical.

Print version only – Missouri Lawyers Weekly
Published: September 8, 2008

Paternity Sometimes Muddies Wrongful Death Suits

So, not only did Gilyard have to go through the painful process of suing the driver who was responsible for his daughter’s death, he also had to establish paternity. Gilyard’s attorney Dan Tobben said it was a two-part battle. He first had to deal with the paternity issue before he could begin dealing with the wrongful death suit.

Read more… Missouri Lawyers Weekly
Published: August 11, 2008