Dowd Bennett » Appellate Law

Dismissal of Former Anheuser-Busch Employee’s ERISA Claim Affirmed by the Eighth Circuit

admin — Fri, 22 Jul 2011 19:45:44 +0000

Partners Jim Bennett and Jennifer Kingston appeared on the briefs filed in the United States Court of Appeals for the Eighth Circuit by Anheuser-Busch Companies Pension Plan, Anheuser-Busch Companies, Inc., and Anheuser-Busch Inbev, N.V. The decision of the Court of Appeals affirmed the U.S. District Court’s dismissal of the former A-B employee’s claim for benefits under the Employee Retirement Income Security Act (ERISA). The district court held that the employee had failed to exhaust his administrative remedies. The Court of Appeals agreed that an administrative remedy was available to the employee and that such remedy must be exhausted before the employee could pursue any civil remedy in federal court. The case is Angevine v. Anheuser-Busch Companies Pension Plan et al., Case No. 10-2832.

Jim Bennett Presents Oral Argument to the Supreme Court of Missouri

admin — Tue, 28 Jun 2011 19:00:01 +0000

In July 2009, St. Louis County and the St. Louis Convention and Visitors Commission filed suit against a group of online travel companies. They alleged the companies contracted with hotel and motel operators to secure guest rooms at discounted rates; sold the rooms to third-party travelers at marked-up rates; and violated Missouri law by not collecting local hotel taxes on the difference between the marked-up rates and the discounted rates. The trial court granted the online travel companies’ motion to dismiss the case after the Missouri legislature passed House Bill 1442, which specifically exempts online travel companies from the tax.

On April 5, 2011, Jim Bennett presented argument to the Missouri Supreme Court on behalf of the online travel companies in the case. A recording of the oral argument and the briefs of the parties may be found by visiting the Supreme Court case summary.

On June 28, 2011, the Missouri Supreme Court issued an opinion affirming the trial court’s dismissal of the case against the online travel companies. The Court’s decision received nationwide media attention, including coverage by Forbes Magazine and MSNBC.

View Related News:

June 28, 2011 Nationwide Media Attention on Missouri Supreme Court Decision in Favor of Online Travel Companies

Terry O’Toole Secures Pro Bono Victory for Vietnam Veteran

admin — Wed, 20 Apr 2011 21:21:58 +0000

Terry O’Toole won a victory in a pro bono case before the Board of Veterans’ Appeals in Washington, D.C., on behalf of a Vietnam Veteran who served in the United States Navy, including time aboard the U.S.S. Newman K. Perry. It was on that vessel that Mr. O’Toole’s client sustained back injuries and was exposed to Agent Orange. Those incidents are the subject of the attached decision of the Board of Veterans’ Appeals, which chronicles the Veteran’s 40-plus year attempt to overcome an incorrect decision to deny him benefits for these service-related injuries.

While the Veteran was serving on the U.S.S. Perry during November, 1966, that vessel engaged in operations in the Mekong River Delta and Saigon River. O’Toole established that the U.S.S. Perry was engaged in operations in that area through deck logs maintained aboard that vessel. On the basis of those records, which corroborated the Veteran’s account, together with the fact that the U.S.S. Perry is also among Navy and Coast Guard ships associated with exposure to herbicide agents, the Board found that the Perry was operating on the inland waterways of Vietnam from November 23-28, 1966, and the Veteran therefore served within the Republic of Vietnam. Given his location of service, the Board determined that the Veteran was exposed to Agent Orange and thus entitled to a presumption that the laryngeal cancer from which he suffered was service-related.

In addition, the Board reversed decisions denying benefits to the Veteran for a back injury suffered on the same vessel. Amazingly, the Board’s decision reversed prior repeated denials of benefits that date all the way back to his original application for benefits in 1967. Needless to say, the decision will have a major impact on the Veteran’s life. On remand to the Department of Veteran’s Affairs Regional Office in Louisville, Kentucky, there remains a possibility that the Veteran could be awarded retroactive disability benefits originating from the date of the original denial of benefits in connection with his back injury aboard the U.S.S. Perry.

Dowd Bennett is proud of this pro bono victory earned by Mr. O’Toole and finds it gratifying for the positive outcome to be for the benefit of such a deserving Veteran of the United States Navy.

Ed Dowd, Jr. Presents Argument to the U.S. Court of Appeals for the Eighth Circuit

admin — Mon, 11 Apr 2011 21:20:49 +0000

Partner Edward L. Dowd, Jr. presented oral argument in the appeal of The United States of America vs. Brian Ellefsen; 10-2857. Dowd Bennett was retained to handle the sentencing and appeal of this criminal tax case that was tried in the U.S. District Court for the Western District of Missouri. The oral argument may be heard below.

Summary Judgment Win in Age Discrimination Case Affirmed on Appeal

admin — Tue, 02 Mar 2010 16:27:35 +0000

On March 2, 2010, the Eighth Circuit Court of Appeals affirmed the U.S. District Court for the Western District of Missouri’s order granting summary judgment in favor of Dowd Bennett’s national retailer client. The plaintiff, a former employee, claimed age discrimination and sought unspecified damages. Jennifer Aspinall and Erika Anderson handled the litigation and briefing on appeal. This victory represents another success in a long line of favorable dispositions Dowd Bennett has achieved for its retailer client through dispositive motions practice.

View Eighth Circuit Opinion and District Court Order:

March 2, 2010 Eighth Circuit Opinion (PDF)
June 23, 2009 District Court Order Granting Summary Judgment (PDF)

Dubinsky et al. v. Mermart, LLC

admin — Wed, 10 Feb 2010 23:42:30 +0000

In February, 2010, the United States Court of Appeals for the Eighth Circuit affirmed the district court’s order dismissing all of plaintiffs’ claims against Dowd Bennett’s client Mermart, LLC. Consistent with the positions Dowd Bennett advanced on behalf of Mermart, the Court of Appeals sustained the District Court’s holdings that the subordinate bond holder plaintiffs were required to obtain the consent of the senior mortgagees before bringing an enforcement action, and that the plaintiffs’ remaining tort claims were barred by the economic loss doctrine.

View Appellate Court Decision Affirming Dismissal and Original District Court Order of Dismissal:

February 10, 2010 Appellate Decision Affirming Dismissal by District Court (PDF)
April 15, 2009 District Court Order of Dismissal and Memorandum Opinion (PDF)

Zoltek Inc. et al. v. Structural Polymer Group Ltd.

admin — Tue, 26 Jan 2010 22:23:55 +0000

In January, 2010, the United States Court of Appeals for the Eighth Circuit affirmed the District Court’s order of dismissal of all claims against Dowd Bennett’s client, Structural Polymer Group, Ltd. After removing the case from state to federal court, the firm successfully moved for and, in November, 2008 won dismissal of all of Zoltek’s claims against Structural Polymer.

View District Court Order and Appellate Court Judgment:

January 26, 2010 Court of Appeals Judgment Affirming Dismissal (PDF)
November 13, 2008 District Court Order of Dismissal and Memorandum Opinion (PDF)

Olson v. Halvorsen et al.

admin — Tue, 15 Dec 2009 17:08:50 +0000

The Delaware Supreme Court affirmed the verdict Dowd Bennett won in the Delaware Chancery Court on behalf of the Viking Global hedge fund and its founder.

View Opinions of the Delaware Supreme Court and Delaware Chancery Court:

December 15, 2009 Delaware Supreme Court Affirming Chancery Court Judgment (PDF)
May 13, 2009 Memorandum Opinion of the Delaware Chancery Court (PDF)

Ginsburg et al. v. InBev et al.

admin — Mon, 03 Aug 2009 18:13:01 +0000

Dowd Bennett prevailed in the U.S. District Court for the Eastern District of Missouri, which granted judgment on the pleadings to InBev, thereby denying a preliminary injunction that sought to stop InBev’s purchase of Anheuser-Busch.

View District Court Order and Memorandum Opinion:

August 3, 2009 District Court Order Denying Preliminary Injunction and Granting Judgment to InBev (PDF)

View related news:

April 14, 2010 Appeal of District Court’s Dismissal of Case against InBev Heard by Eighth Circuit Court of Appeals
July 10, 2008 King of Beers Sees Red Over InBev’s Hostile Intentions

The Crawford Group, Inc. v. Holekamp

admin — Mon, 06 Oct 2008 17:14:23 +0000

Dowd Bennett lawyers prevailed on appeal before the United States Court of Appeals for the Eighth Circuit, which upheld an arbitration award of $20.7 million to William Holekamp, a former executive of Enterprise Rent-a-Car. The arbitration award resulted from an improperly low valuation of the stock options received by Holekamp.

View District Court Judgment and Court of Appeals Published Opinion:

September, 13 2007 District Court Judgment (PDF)
October 6, 2008 Judgment and Opinion of the Eighth Circuit Court of Appeals 543 F.3d 971 (PDF)