Dowd Bennett » Experience

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.

Dowd Bennett Secures Plaintiff’s Verdict for Premcor Refining Group

admin — Mon, 14 Feb 2011 15:17:47 +0000

On February 14, 2011, a Cook County jury returned a unanimous verdict for Dowd Bennett client Premcor Refining Group, a subsidiary of Valero Energy. In the week-long trial in Chicago, Dowd Bennett lawyers Erika Anderson and Jim Bennett persuaded a jury that trucking company KLLM Transport was responsible for damage to a Premcor pipeline in Calumet City, Illinois.

Dowd Bennett Obtains $7,626,744 Verdict for Monsanto Company

admin — Thu, 01 Jul 2010 13:33:45 +0000

Dowd Bennett recently represented Monsanto Company at trial in the matter of Monsanto Company v. ConocoPhillips Company, 08SL-CC 02002. The matter involved the breach of a supply agreement and was tried for nine days in St. Louis County Circuit Court. On June 28, 2010, following an hour and a half of deliberation, the jury returned a unanimous verdict in favor of Monsanto Company in the amount of $7, 626, 744, which is exactly the amount that Monsanto Company was seeking in damages. The Dowd Bennett trial team was comprised of Jim Bennett, Gabe Gore, Jen Kingston and Nancy Carson, but as always at Dowd Bennett, it was a total firm effort. We are very pleased to have been able to obtain this great result for our valued client.

View the Verdict Form:

Monsanto Verdict Form (PDF)

View Related News:

July 11, 2010 Monsanto wins verdict against ConocoPhillips
July 4, 2010 Monsanto gets $7.6 million verdict against Conoco

Dowd Bennett LLP Prevails in Federal Jury Trial

admin — Wed, 07 Apr 2010 21:36:14 +0000

On April 7, 2010, Dowd Bennett lawyers Jim Bennett, Erika Anderson, and Jennifer Aspinall obtained a jury verdict for their client in a case brought by the Equal Employment Opportunity Commission. The case was tried in the United States District Court for the Eastern District of Missouri and involved allegations of age discrimination based on the termination of a 67-year-old employee who had been employed for 10 years. The jury returned its unanimous defense verdict less than 30 minutes after it started deliberations.

View the Jury Verdict and Instruction and Judgment on Verdict:

April 7, 2010 Jury Verdict and Instruction (PDF)
April 7, 2010 Judgment on Verdict (PDF)

View Related News:

April 18, 2010 Dowd Bennett Obtains Defense Verdict for National Retailer Client

Federal Suit Dismissed Against Corporate Officer Represented by Dowd Bennett

admin — Wed, 24 Mar 2010 14:27:00 +0000

On March 24, 2010, a federal lawsuit against a corporate officer represented by Dowd Bennett attorneys Ed Dowd and John Comerford was dismissed upon motion of the defendants. The suit alleged that Dowd Bennett’s client and other defendants breached their fiduciary duties in administering an ERISA plan. The case involved an analysis of the defendants’ fiduciary status under ERISA, the Moench presumption of prudence in the ERISA context, and the safe harbor provided by section 404(c) of ERISA. The Court granted defendants’ motion to dismiss all of plaintiffs’ claims, holding that the complaint’s allegations failed to sufficiently allege that any of the defendants deceived or attempted to deceive the Plan participants and beneficiaries. The Court also held that plaintiffs failed to allege sufficient facts to establish a breach of the duty of loyalty, and failed to establish a basis for vicarious breach of fiduciary duty claims against any of the defendants.

The case is Crocker v. KV Pharmaceutical Co. et al., 2010 WL 1257671 (E.D. Mo. Mar. 24, 2010). The District Court’s Order of Dismissal and Memorandum and Order are available below.

View the Order of Dismissal and Memorandum and Order:

March 24, 2010 Order of Dismissal (PDF)
March 24, 2010 Memorandum and Order of Dismissal (PDF)

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)

United States ex rel. Gonzalez v. Fresenius Medical Care North America et al.

admin — Thu, 25 Feb 2010 16:16:10 +0000

On February 25, 2010, a unanimous jury in the United States District Court for the Western District of Texas returned a verdict in favor of Dowd Bennett client Fresenius Medical Care. The case was brought by a private qui tam relator under the False Claims Act.

The trial in El Paso, Texas started on January 25, 2010. Dowd Bennett attorneys Jim Bennett, Megan Heinsz and Jennifer Aspinall worked on the case with a team of attorneys and handled, among other items, jury selection, opening statement, examination of multiple witnesses, and closing argument. The trial was reported to be the longest civil case tried to verdict in that district in the past decade. The jury returned its verdict less than 45 minutes after it started deliberations. Post trial motions are expected to be filed.

View Verdict Form:

February 25, 2010 Verdict Form U.S. ex rel. Gonzalez v. FMC et al. (PDF)

View related News:

February 25, 2010 Dowd Bennett Obtains Defense Verdict for Fresenius Medical Care