Firemen’s Retirement System of St. Louis Sues City over Its Firemen’s Retirement Plan

As issued by Firemen’s Retirement System of St. Louis:

Asks for Temporary Restraining Order, Preliminary Injunction During Litigation, Permanent Injunction on Changes to Existing Plan

St. Louis, MO – January 2, 2013 – After almost a year of hearings in the St. Louis City Board of Aldermen and the Missouri State Legislature, and following two trials resulting in preliminary injunctions being granted in favor of the Firemen’s Retirement System of St. Louis Board of Trustees (FRS), FRS has filed a lawsuit to stop the City of St. Louis from proceeding with its most recent pension ordinance, Board Bill 109, now known as Ordinance 69353.

In its 37-page petition, the FRS Trustees detail the flaws, contradictions, illegality and unconstitutionality of Board Bill 109, which the Board of Aldermen passed on Dec. 14, 2012.

The lawsuit seeks a temporary restraining order and preliminary injunction during litigation to prevent the amendment of city ordinance and any amendment to the existing pension plan, as well as to order the parties to continue to operate under the existing FRS plan during this litigation.

In addition, the lawsuit asks for a declaratory judgment that Board Bill 109 is illegal, unconstitutional, and that it fails to correct the multiple flaws pointed out by Judge Robert Dierker when he issued an injunction against enforcement of Board Bill 12.

FRS requests the court to declare Board Bill 109:

• Void and invalid as being unconstitutional;
• Violates Missouri Statutes;
• Invalid; Board Bill 109 cannot go into effect as a matter of law because the cost study was not in compliance with state law;
• Unconstitutionally impairs the contractual rights of fire fighters with more than 20 years of service, especially because it allows the City to limit or escape liability;
• Unconstitutionally violates the contractual rights of fire fighters with less than 20 years of experience, and
• Contrary to several Supreme Court decisions, including those in prior lawsuits between these parties.

In addition, the lawsuit warns of the potential of a “multiplicity” of new lawsuits should Board Bill 109 take effect.  This is, in part, due to the conflicts and confusion created by Board Bill 109; FRS also will have a different Board of Trustees, be structured in a different manner, and possibly have a different agenda.

BACKGROUND

Preliminary Injunction Against City for Fire Fighter Ordinances Awaiting Final Ruling

The prior lawsuit regarding Board Bill 11 and Board Bill 12, which was joined by Local 73 and St. Louis fire fighters, has revealed many problems with the City’s attempt to wrest control of FRS from the State of Missouri, which currently has jurisdiction of FRS and fire fighter retirement issues.   For example:

• Ordinance 69183 removed the duty and authority of FRS Trustees to challenge City action relating to FRS and made those that do so civilly liable for costs,
• Ordinance 69245 was designed to create a new Firemen’s Retirement Plan,
• Ordinance 69149 invoked the City’s home rule charter as authority to eliminate its guarantee to pay benefits, changed the minimum age of fire fighters to receive benefits, and increased fire fighters’ contribution to their retirement from eight percent refundable to a nine percent non-refundable contribution.

Judge Dierker issued preliminary injunctions regarding Ordinances 69149 and 69245 (Board Bills 11 and 12), after which the City conceded that portions of those ordinances were illegal.

In an effort to address those portions of the ordinances, the City passed Board Bill 109, which reinstated the authority for FRS but froze the accrual of benefits except for the purpose of vesting.

FRS states that the attempt by Board Bill 109 to correct deficiencies in the prior ordinances has created new constitutional and legal violations (as noted above).

The court will set hearings regarding the restraining order and preliminary injunction sought by FRS and its Trustees.

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About FRS:  Established on July 26, 1944 in accordance with Ordinance #43009, the Firemen’s Retirement System of St. Louis was created to provide a program of security for the welfare of St. Louis City firefighters and their families. On January 1, 1960, the System was revised through enabling legislation by the Missouri Legislature and then by the Board of Aldermen of the City of St. Louis to further ensure the continued security for all active fire fighters, retirees and their families.  The Firemen’s Retirement System of St. Louis provides retirement, disability, death and survivor benefits to nearly 2,000 active and retired participants and their beneficiaries. FRS supports its membership by maintaining a pension plan that will attract and retain firefighters.  It seeks to maximize investment returns by following a prudent investment policy.

About Danna McKitrick P.C.:  Located in St. Louis, Mo., Danna McKitrick, P.C. delivers legal representation to businesses (emerging to national), insurers, government-related entities, individuals and regarding public pension issues throughout the Midwest. www.dannamckitrick.com  (314) 726-1000

Kara Helmuth Accepted into National Association of Public Pension Attorneys

Danna McKitrick, P.C. has announced that Attorney Kara D. Helmuth has been selected for membership in the National Association of Public Pension Attorneys. NAPPA is a professional organization whose membership is limited to attorneys regularly acting on behalf of public pension plans and in their interest. Helmuth is one of only 15 attorneys in Missouri who are members of NAPPA; only six are in public practice. Three of these attorneys are members of Danna McKitrick: Helmuth, Dan Tobben and Cheryl Beebe-Snell.

A commercial and civil litigator, Helmuth practices primarily in the area of public pensions and legal malpractice. She litigates for the trustees of public pension funds or individual members. Her work includes advising and litigating for the trustees of several public pension funds in Missouri and Illinois. She is admitted to practice in Missouri and Illinois, and has argued before the Missouri Court of Appeals for the Eastern District of Missouri. Continue reading »

Three Danna McKitrick Attorneys Again Selected to Missouri Super Lawyers Lists

Attorneys Joseph R. Soraghan, Jeffrey R. Schmitt, and Sophya Qureshi Raza have been recognized as three of the top attorneys in the state of Missouri by their peers as Missouri & Kansas Super Lawyers & Rising Stars 2012.

Super Lawyers named Joseph R. Soraghan to its list as one of the top attorneys in Missouri for the third year in a row. Only five percent of the lawyers in the state are honored by selection to the Super Lawyers list.

“I am very proud to be grouped again among so many lawyers I look up to, including two of my own partners. My thanks to Thompson Reuters and its Super Lawyers organization,” Soraghan said.

Soraghan’s primary practice areas include business law, securities, corporate finance, and alternative dispute resolution. He is a founding director and the secretary of the Missouri Venture Forum. In 2011, the St. Louis Small Business Monthly selected Soraghan as one of the “100 St. Louisans You Should Know.”

Missouri & Kansas Rising Stars selected Jeffrey R. Schmitt and Sophya Qureshi Raza for inclusion on its 2012 list. It is not the first time on the list for either attorney: Schmitt was selected in 2011 and Raza was selected in 2010. Rising Stars recognizes up to 2.5 percent of “the top up-and-coming attorneys in the state — those who are 40 years old or younger, or who have been practicing for 10 years or less,” according to Super Lawyers. Continue reading »

St. Louis Firefighters Pension Plan Sues City Over “Unconstitutional” Ordinances

As issued by Fireman’s Retirement System of St. Louis:

FRS Seeks Restraining Order and Injunction

St. Louis, MO – June 12, 2012 – The Trustees of the Firemen’s Retirement System of St. Louis (FRS) have filed a six-count lawsuit today in St. Louis City Circuit Court, seeking a temporary restraining order, injunction and declaratory judgment against the City of St. Louis over the Firefighter pension issues. The lawsuit is intended to stop attempts by the City of St. Louis to change the structure of, or take control of, Firemen’s Retirement System and to discontinue the accrual of current benefits to firefighters in the City of St. Louis in violation of Missouri state statutes and the U.S. and Missouri Constitutions. It also seeks to prevent enforcement of a bill to be voted on Friday, where the rights and duties of Trustees to sue the for wrongdoing by the City would be stripped from the trustees.

The City of St. Louis, over the past year, has tried to either change or assume control of FRS. Legislation was introduced in a committee of the Missouri House that would have significantly changed the structure of the FRS in a legally proper manner, and saving the City millions of dollars per year. That effort was actively opposed by the St. Louis Mayor, whose staff testified against the legislation.

The TRO is requested by FRS to prevent the implementation of ordinances and to stop proposed ordinances (in the form of Aldermanic Board Bills) which together are referred to in the lawsuit as a “Scheme” to wrest control of FRS in a manner contrary to state law and to the Missouri and U.S. Constitutions.

Continue reading »

Brant M. Feltner Joins Bankruptcy Team at Danna McKitrick

Bankruptcy and Creditors’ Rights Group Expands with Experienced Attorney

St. Louis, Mo. – June 4, 2012 – Danna McKitrick, P.C. has announced that Brant M. Feltner has joined the firm as a member of the bankruptcy and creditors’ rights practice group. He represents business clients with matters related to out-of-court workouts, bankruptcies (on behalf of both creditors and debtors) and other general commercial litigation.

Feltner brings considerable experience in the area of creditors’ right, bankruptcy and commercial law to the expanding practice of the firm. He also has previous experience as a financial and budget analyst with a national manufacturer in St. Louis and as a budget analyst with a major nonprofit organization in Chicago.

“Brant’s previous business experience provides him with a much broader perspective and understanding of our clients’ issues, which enhances his value to them. He can see both the business and the legal aspects of the cases he works,” said A. Thomas DeWoskin, head of Danna McKitrick’s Bankruptcy and Creditors’ Right practice group.

Feltner “was looking for an opportunity to expand upon his previous bankruptcy and non-bankruptcy experience” when he decided to join Danna McKitrick.

“Danna McKitrick provides superior legal services to clients while maintaining an air of professionalism and collegiality among its attorneys,” said Feltner. “I’m glad that the firm recognizes the value that my business background adds to my legal abilities.

I also recognize the importance of the firm’s broad experience in representing all of the different types of clients there can be in the insolvency field. Having represented clients on all sides of the table, we can recognize the needs of all of the parties involved. This often enables us to resolve our clients’ issues more quickly and efficiently.”

Feltner earned his J.D. from Saint Louis University School of Law in 2008. A graduate of Miami University with a B.A. in history, he was named to the Dean’s List and was a member of the Phi Eta Sigma Academic Honorary Society.

Admitted in Missouri, Illinois, and the U.S. District Courts, Eastern District of Missouri and Central and Southern Districts of Illinois, Feltner is a member of the American Bar Association, The Missouri Bar, the Illinois State Bar Association, and the Bar Association of Metropolitan St. Louis.

Feltner’s article, “Advance Rulings: Taxpayers Can Obtain Binding Advice from State Taxing Authorities,” was published in the Journal of Multistate Taxation and Incentives (January-May, 2008).

Feltner is a board member of Big Brothers Big Sisters of Southwestern Illinois and a graduate of Leadership Belleville.

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Sophya Raza Appointed to Kids In The Middle Board

Sophya Qureshi Raza, family law attorney with Danna McKitrick, has joined the Board of Directors of Kids In the Middle (KITM). KITM is a nonprofit organization that helps children, parents and families transition to their new way of life during and after divorce through counseling, education and support.

Raza concentrates her practice in family law matters, including pre- and post-nuptial agreements, annulments, dissolution of marriage, valuation and division of assets, paternity disputes, child support and spousal support orders, modifications of prior prior judgments, and child custody disputes.  She also helps families with legal guardianships and conservatorships for the elderly and disabled.

Raza obtained her J.D. from Washington University School of Law and her B.A. from George Washington University. Raza is a graduate of the ABA Family Law Trial Advocacy Institute and earned her Mediation Certificate from Washington University School of Social Work.

Jeff Schmitt Appointed Head of Danna McKitrick’s Title Litigation Practice

Saint Louis, MO – February 3, 2012 – Jeffrey R. Schmitt, a principal at Danna McKitrick, P.C., has recently been appointed head of the firm’s title litigation practice. Schmitt will lead the practice in its representation of its clients including national title insurance underwriters and their insured, resolving title policy claims and disputes that preclude title transfer or cloud true ownership. Schmitt is an experienced commercial and general civil litigator whose practice includes financial and lending, construction, and real estate law as well as general legal counsel for small to mid-sized businesses.

“Jeff is an excellent litigator, and has extensive experience in real estate, construction and financial litigation,” said Ron Danna, senior principal and co-founder of the firm. “He’s a proven leader, and we believe he’s the one to lead the title litigation practice into its next phase, one committed to quality client service and continued growth.”

Supporting Schmitt and Danna McKitrick’s title litigation practice is litigator David A. Zobel, as well as transactional lawyers Michael J. McKitrick and James M. Heffner. With McKitrick’s 30 years of experience in real estate litigation and transactions, McKitrick and other members of the transactional team focus on areas that are tangential and necessary to support title litigation, such as creditors’ rights.

Schmitt earned his J.D. from the University of Missouri-Columbia and his B.A. (magna cum laude) from Saint Louis University. He is admitted in Missouri, Illinois, U.S. District Court, Eastern District of Missouri, and U.S. Court of Appeals, Eighth Circuit.

Schmitt is past president of the Clayton Chamber of Commerce and executive committee member. After clerking for the U.S. Attorney’s Office of the Eastern District of Missouri, he joined Danna McKitrick as a promising young law clerk and worked his way up to principal. He was recognized in 2010 by The Missouri Bar Young Lawyer’s Section as a “Young Lawyer You Should Know.”

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Margaret L. Wichmann Joins Danna McKitrick, P.C.

With the Addition of the Second Intellectual Property Attorney in Less Than Six Months, Practice Group Continues Its Growth

Saint Louis, MO – January 17, 2012 – Danna McKitrick, P.C. has announced that Attorney Margaret L. Wichmann has joined the firm as an associate. Wichmann represents business clients in matters related to business transactions, intellectual property, employment law, and real estate.

Wichmann will be an integral part of the firm’s expansion of their intellectual property, according to Ruth A. Binger, principal with Danna McKitrick and head of the firm’s transactional department.

“We’re pleased to successfully recruit a candidate with Maggie’s advanced degree in intellectual property. She’s a great addition to our growing IP practice,” said Binger. “Additionally, her skills and temperament also mesh well with our transactional team and further expand Danna McKitrick’s service to its business clientele.”

Wichmann is experienced in real estate, corporate, and financial transactions as well as litigation support for intellectual property and commercial litigation. She has also assisted business owners with estate planning matters.

“Danna McKitrick is exactly the type of firm I was looking to join,” stated Wichmann. “For me, the firm is ideal in terms of the size, the clients I work for, the resources available to associates, and the potential for professional growth through mentoring relationships. It is a great place to practice law.”

During law school, Wichmann worked in the Judicial Clerkship Clinic for Judge William D. Stiehl in the U.S. District Court for the Southern District of Illinois. Before law school, she worked as a legal assistant for a criminal attorney.

Wichmann has the unique experience of working as an intern in Bangkok, Thailand, studying the anti-trafficking laws in Southeast Asia and assisting in multi-lateral negotiations for the Thailand Ministry of Social Development and Human Security. She also participated in the Summer Institute for Global Justice at Utrecht University in the Netherlands.

Wichmann earned her LL.M. in Intellectual Property and J.D. from Washington University School of Law in St. Louis. Her credentials include: Dean’s List, Dagen-Legomsky Public Interest Fellowship, Cash-Nickerson Fellowship, Whitney R. Harris Wold Law Institute, Washington University Law Review Senior Editor and Staff Editor, Student Bar Association Faculty Appointments Committee, Environmental Moot Court Semi-Finalist, Women’s Law Caucus Executive Board Social Chair, International Humanitarian Law “Students as Teachers” Program Presenter, Negotiation Competition. She earned her B.A. in philosophy from Washington University.

Admitted in Missouri and the U.S. District Court, Eastern District of Missouri, Wichmann is a member of the American Bar Association, The Missouri Bar, and the Bar Association of Metropolitan St. Louis. She is the author of “Reaching Beyond Guantanamo: The Future of Counter-Terrorism Law in the United States,” 6 Cambridge Student Law Review 197 (2010).

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David A. Zobel Promoted to Associate by Danna McKitrick

Litigation Group Continues to Grow

David A. Zobel has been promoted to associate in the litigation department of Danna McKitrick, P.C. Zobel primarily represents individuals and corporations in the defense of civil litigation, including contract, negligence and real estate matters.

In addition to his court room work, Zobel assists in advising clients on contract and employment issues and regarding issues arising under the Sunshine Law.

“As a law student, I was attracted to Danna McKitrick’s breadth of practice areas. I valued the ability to gain experience in a multitude of legal areas working to solve issues for a variety of clients. As an attorney, I continue to value this firm’s coverage which often utilizes several practice areas in quickly and efficiently solving our clients’ matters,” Zobel stated.

Zobel is a great addition to the continually growing litigation practice of the firm, according to the head of the firm’s litigation group.

“We are constantly on the lookout for bright law students, and David has developed into a talented young attorney. Watching him grow over the past year and a half as a law clerk has given us the opportunity to see his strengths, and to know early on that we wanted him as a member of our litigation team,” said Daniel G. Tobben, principal and head of Danna McKitrick’s litigation department.

During law school, Zobel worked as an extern with the Missouri Court of Appeals, reviewing and summarizing appellate arguments and responses and drafting memoranda summarizing claims in preparation for oral arguments as well as memoranda on worker’s compensation, juvenile and criminal appeals.

He worked as a law clerk with Danna McKitrick in the areas of professional malpractice, real estate transactions, pensions and worker’s compensation. Zobel has experience in alternative dispute resolution on personal injury and wrongful death matters as well as client MSPRC lien claims matters, including negotiating lien settlements.

Zobel was an aide to Missouri State Senator Chuck Graham and worked across the state to promote the MOHELA reorganization bill.

He graduated cum laude from Saint Louis University School of Law in 2011, where his credentials include: Dean’s List, Journal of Health Law and Policy Staff Editor, Health Law Association, Legal Research and Writing Teaching Assistant. Zobel earned his B.S., cum laude, in political science with a leadership and public service minor from the University of Missouri-Columbia in 2008.

Zobel is admitted to practice in Missouri and the U.S. District Court, Western District of Missouri. He is a member of the Missouri Bar and the Bar Association of Metropolitan St. Louis.

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Soraghan and Schmitt Named to Super Lawyers and Rising Stars

Missouri & Kansas Super Lawyers & Rising Stars 2011 has recognized Joseph R. Soraghan and Jeffrey R. Schmitt as two of the top attorneys in the state of Missouri for 2011.

For the second year in a row, Attorney Joseph R. Soraghan has been named as one of the top attorneys in Missouri by Super Lawyers. Only 5 percent of the lawyers in the state are honored.

Attorney Jeffrey R. Schmitt has been selected for inclusion on the Missouri & Kansas Rising Stars 2011 list. It is a recognition of up to 2.5 percent of “the top up-and-coming attorneys in the state — those who are 40 years old or younger, or who have been practicing for 10 years or less,” according to Super Lawyers.

“I am honored to be recognized on the 2011 Rising Stars list by attorneys around the state of Missouri, as well as by Super Lawyers. To be honored by peers in my chosen profession is truly humbling,” Schmitt said.

Schmitt, who practices in the areas of banking, real estate, construction, pensions and retirement plans, is also the president of the Clayton Chamber of Commerce. He was recognized by The Missouri Bar Young Lawyers’ Section in 2010 as a “Young Lawyer You Should Know.”

Soraghan’s primary practice areas include business law, securities, corporate finance, and alternative dispute resolution.

“Thomson Reuters is one of the nation’s premier legal publishers. I am truly honored to be selected again by Super Lawyers, one of its publications,” he said.

Soraghan has been recognized as one of the Top St. Louis Entrepreneurial Lawyers in St. Louis by St. Louis Small Business Monthly, and received the Financial Services Champion, Region VII award from the U.S. Small Business Association. He is the founding director and secretary of the Missouri Venture Forum.

The selection for inclusion in the list is made by the research team at Super Lawyers, which is a service of the Thomson Reuters Legal division based in Eagan, MN. Each year, the research team undertakes a rigorous, multi-phase selection process that includes a statewide survey of lawyers, independent evaluation of candidates by the attorney-led research staff, a peer review of candidates by practice area, and good-standing and disciplinary checks.

Thomson Reuters is the world’s leading source of intelligent information for businesses and professionals. Super Lawyers is located online at www.superlawyers.com, where lawyers can be searched by practice area and location.