Government Litigation Case Studies

Public Employee Pension Funds
Firemen’s Retirement System v. St. Louis. Lead counsel, Dan Tobben, assisted by colleague David R. Bohm, represent the Firemen’s Retirement System of St. Louis (FRS) in several lawsuits against the city of St. Louis and the Board of Estimate and Apportionment concerning the city’s failure to fully fund FRS.

On June 17, 2005, the Honorable David L. Dowd entered judgment in favor of FRS in the amount of $6,834,947 for fiscal year 2004. A declaratory judgment was entered, as part of the same judgment, mandating the city pay an additional $11,710,276 for fiscal year 2005.

The city appealed these judgments. The Court of Appeals stated that it would affirm the judgment but, because the case involved questions of general interest and statewide concern, the case was transferred to the Missouri Supreme Court, which unanimously affirmed the judgment. In September 2007, FRS received $49.4 million from the city to pay the judgment, interest, and money for the next two fiscal years.

Dan Tobben previously won two cases in the Missouri Supreme Court on behalf of FRS against the city of St. Louis. Dan, a member of the National Association of Public Pension Attorneys (NAPPA), represents the trustees and beneficiaries of other public pension funds on underfunding issues, and regarding more general pension related matters.

Windshield Placards for Disabled Persons
Charlotte Klingler, et al. v. Director of Revenue, State of Missouri. Fred Switzer was lead counsel for plaintiffs in a successful class action suit against the State of Missouri. The suit alleged the State of Missouri violated the Americans with Disabilities Act (ADA), by charging an annual fee for the use of removable windshield placards that allow disabled persons to park in reserved spaces.

That suit, filed in 1996, was vigorously opposed by Missouri. In 1998, the U.S. District Court for the Western District of Missouri granted the plaintiffs’ request for declaratory and injunctive relief, prohibiting Missouri from charging a fee for the placard.

The State appealed, and what followed was a lengthy battle involving three appeals to the U.S. Court of Appeals for the Eighth Circuit and one to the U.S. Supreme Court. Final judgment for the plaintiffs was entered on September 28, 2006, and Missouri now is permanently enjoined from charging a fee for the placard.

Kevin Behrndt
David Bohm
Laura Gerdes Long
Fred Switzer
Dan Tobben

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Government Litigation Case Studies