Theodore (Ted) Lucas was recently named to The Best Lawyers in America. Recognition by Best Lawyers is based entirely on the review of attorney peers and colleagues in their geographical area. This process captures the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same area of law. Visit Ted’s profile at: https://www.bestlawyers.com/search?query=Theodore%20Lucas&country=US&state=MO&filters=lawyer&page=1
Richard Korn recently wrote an article, published on a website which caters to not-for-profit organizations, regarding the impact of the recent amendments to the Americans with Disabilities Act of 1990 on employers with 15 or more employees, including not-for-profit organizations. The Americans with Disabilities Amendments Act (or ADAA), as detailed in the article, provide for a far less stringent standard of what qualifies as a “disability” when compared to the law before the amendments. By way of example only, the new law provides that temporary conditions may be considered a disability (whereas before, they almost always were not). In addition, under the new standard, physical impairments in remission or not currently active may be considered a disability if they otherwise would be in their active state. Thus, employers must be ever so cognizant of employee requests for accommodations even when requests are made by employees who do not appear to be disabled in the traditional sense of the word. For more information, please click here (http://www.501connected.com/non-profit-news/the-americans-with-disabilities-act-what-every-non-profit-should-know).
In a 4-3 decision, the Missouri Supreme Court ruled the non-economic damage cap in medical malpractice cases violates the Missouri Constitutional right to trial by jury. In reaching its decision, the Court declared unconstitutional a non-economic damage cap originally enacted by the Missouri legislature in 1986, and amended in 2005. With this ruling, the Court also overruled a 1992 Missouri Supreme Court case that had declared the cap to be constitutional.
Mike Donelson was a member of a panel presentation sponsored by Lorman Education Services at The Regency Conference Center in O’Fallon, IL on July 10. The presentation was entitled “Gain New Insights in the Latest Developments to HIPAA and Medical Records Law.” For more information, please visit: http://www.lorman.com/training/medical-records-law-in-Illinois-393061.
At the request of the Court, Ron Fox recently provided a primer on Maritime Law to the judicial law clerks for the United States District Court for the Eastern District of Missouri. The presentation included issues related to jurisdiction, uniformity, maritime contracts and torts, in rem liens, limitation of liability, and actions by seamen. Ron’s presentation was part of a one day CLE seminar for the clerks. One law clerk later told a Fox Galvin partner “Tell Mr. Fox he was really good – very engaging. Fox Galvin, LLC was honored to be asked to provide this service to the court.
Ted Lucas will be a featured speaker at the 2015 Maritime Law Seminar sponsored by The Bar Association of Metropolitan St. Louis on September 17, 2015. Ted will be speaking on dock owner liability. The seminar will be held at the Ballpark Hilton.
Meggie Gentzen was recently named to The Missouri Bar’s 2014 Pro Bono Wall of Fame. The Missouri Bar created the Pro Bono Wall of Fame in 2011 to recognize lawyers who show an exceptional commitment to the historic principle of pro bono service. Meggie primarily donates her time to pro bono work through Let’s Start Legal Clinic which assists women re-entering society after incarceration with legal issues such as landlord/tenant issues, child custody issues and more.
Richard Korn and Mike Donelson recently obtained summary judgment in favor of their physician client and his practice group in a medical malpractice case where the plaintiff claimed she sustained an injury to her ureter during the course of a colostomy takedown procedure performed in August 2008. After first disclosing a standard of care liability expert from Chicago, Plaintiff’s counsel later decided to withdraw that expert and pursue the case under a res ipsa loquitur theory asserting that a “transected ureter” is the type of injury that does not occur in the absence of negligence. Richard and Mike thereafter filed a motion for summary judgment arguing that, under Illinois law, expert testimony was required in the case, even if the plaintiff intended to proceed under a res ipsa theory only. After the motion was fully briefed and argued, the trial court agreed and granted summary judgment in favor of Richard and Mike’s clients.
Richard Korn along with co-counsel from Chicago, recently obtained a dismissal with prejudice of their client, a national trust company, in a case where the plaintiffs claimed to have invested and lost millions of dollars in a “Ponzi Scheme” devised and carried out by a third-party who ultimately was indicted by a federal grand jury and convicted of money laundering, wire fraud and mail fraud. The plaintiffs pled various causes of action against Richard’s client, including (a) aiding and abetting breach of fiduciary duty, (b) aiding and abetting fraud, and (c) conspiracy. In their Motion to Dismiss, Richard argued that defendant was immune from liability for the alleged conduct under the Safe Harbor provisions of the federal Bank Secrecy Act, 31 U.S.C. Section 5318. After the motion was fully briefed and argued in front of the trial court judge, the motion was granted and the case was dismissed with prejudice.
Tom Smith and Mike Donelson win defense verdict in medical malpractice case tried in Jersey County, IL. The plaintiff alleged the defendant orthopedic surgeon improperly performed a shoulder surgery to repair a labral tear that resulted in progressing arthritis that allegedly caused the need for a total shoulder replacement. The plaintiff had sought recovery for $250,000 in past and future medical expenses, over $250,000 for pain and suffering , and consortium damages for plaintiff’s spouse. The defense had to overcome damaging testimony from subsequent treating orthopedic surgeons from Washington University and the testimony of plaintiff’s local orthopedic surgery retained expert. The defense argued the shoulder problem, and that the surgery involving the placement of anchors was properly performed. The defense further demonstrated that the plaintiff’s progressing arthritis that lead to the need for shoulder replacement surgery was due to a shoulder infection that developed through no fault of any of the medical providers. After four days of trial the jury returned a unanimous defense verdict.