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	<title>Dowd Bennett</title>
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	<link>http://www.dowdbennett.com</link>
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		<title>Lisa Hoppenjans joins Dowd Bennett</title>
		<link>http://www.dowdbennett.com/news/lisa-hoppenjans-joins-firm/</link>
		<comments>http://www.dowdbennett.com/news/lisa-hoppenjans-joins-firm/#comments</comments>
		<pubDate>Wed, 07 Sep 2011 21:18:43 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1634</guid>
		<description><![CDATA[Dowd Bennett is pleased to announce that Lisa Hoppenjans has joined the firm as an associate. ]]></description>
			<content:encoded><![CDATA[<p>Dowd Bennett is pleased to announce that Lisa Hoppenjans has joined the firm as an associate.  Ms. Hoppenjans recently completed a clerkship with the Hon. Susan H. Black of the U.S. Court of Appeals for the Eleventh Circuit.  She graduated<span style="text-decoration: underline;"> </span><em>summa cum laude</em> from Duke University School of Law in 2010, where she was Notes Editor for the <em>Duke Law Journal</em> and a member of the Moot Court Board.  She also participated in the school’s Appellate Litigation Clinic, where she was part of a team that prevailed in an appeal to the U.S. Court of Appeals for the D.C. Circuit.  During law school, Ms. Hoppenjans spent summers working for the U.S. Senate Judiciary Committee; the U.S. Department of Justice, Civil Rights Division, Employment Litigation Section; and a New York law firm.  Prior to attending law school, Ms. Hoppenjans spent four years as a newspaper reporter for <em>The News &amp; Observer</em> of Raleigh, NC and the <em>Winston-Salem Journal</em>.  She graduated <em>summa cum laude </em>from Wake Forest University in 2003.</p>
<p>Ms. Hoppenjans’ practice will focus on commercial litigation and appellate litigation.</p>
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		<title>Dismissal of Former Anheuser-Busch Employee’s ERISA Claim Affirmed by the Eighth Circuit</title>
		<link>http://www.dowdbennett.com/news/dismissal-of-former-anheuser-busch-employee%e2%80%99s-erisa-claim/</link>
		<comments>http://www.dowdbennett.com/news/dismissal-of-former-anheuser-busch-employee%e2%80%99s-erisa-claim/#comments</comments>
		<pubDate>Fri, 22 Jul 2011 19:45:44 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Appellate Law]]></category>
		<category><![CDATA[Employment Litigation]]></category>
		<category><![CDATA[Experience]]></category>
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		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1597</guid>
		<description><![CDATA[Partners Jim Bennett and Jennifer Kingston were named on the briefs filed in the United States Court of Appeals for the Eighth Circuit by Anheuser Anheuser-Busch Companies Pension Plan, Anheuser-Busch Companies, Inc., and Anheuser-Busch Inbev, N.V. ]]></description>
			<content:encoded><![CDATA[<p>Partners <a href="http://www.dowdbennett.com/attorneys/james-f-bennett/">Jim Bennett</a> and <a href="http://www.dowdbennett.com/attorneys/jennifer-s-kingston/">Jennifer Kingston</a> 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 <a href="http://www.dowdbennett.com/wp-content/uploads/2011/07/7.22.2011-Angevine-v.-A-B-8th-Circuit-.pdf" target="_blank">decision</a> 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<a href="http://www.dowdbennett.com/wp-content/uploads/2011/07/7.22.2011-Angevine-v.-A-B-8th-Circuit-.pdf"> Angevine v. Anheuser-Busch Companies Pension Plan et al</a>., Case No. 10-2832.</p>
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		<title>Litigation Counsel of America Names Jim Bennett as a Fellow</title>
		<link>http://www.dowdbennett.com/news/litigation-counsel-of-america-names-jim-bennett-as-a-fellow/</link>
		<comments>http://www.dowdbennett.com/news/litigation-counsel-of-america-names-jim-bennett-as-a-fellow/#comments</comments>
		<pubDate>Tue, 12 Jul 2011 19:41:40 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[News]]></category>
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		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1595</guid>
		<description><![CDATA[Jim Bennett has been named a Fellow of the Litigation Counsel of America which is an invitation-only trial lawyer honorary society established to reflect the new face of the American bar.]]></description>
			<content:encoded><![CDATA[<p><a href="http://http://www.dowdbennett.com/attorneys/james-f-bennett/">Jim Bennett</a> has been named a Fellow of the<a href="http://www.litcounsel.org/index.htm" target="_blank"> Litigation Counsel of America</a> which is an invitation-only trial lawyer honorary society established to reflect the new face of the American bar. Membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers.</p>
<p>Fellows are selected and invited into Fellowship after being evaluated on effectiveness and accomplishment in litigation and trial work, along with ethical reputation.   The LCA’s selection process is a combination Fellow input, internal research nominations by Fellows, attorney opinions, evaluation of client selection of counsel, limited input from active and retired judges, and reviews of acknowledgement and recognition by other peer reviewing sources and associations.</p>
<p>The purpose of the LCA is to recognize deserving, experienced, and highly qualified lawyers, to provide an outlet for scholarly authorship of legal articles on trial and litigation practice, to provide additional sources for professional development, to promote superior advocacy and ethical standards in the practice of law, to assist in community involvement by its membership, and to advance a superior judiciary, by taking relevant positions on issues or legislation affecting judicial compensation and/or benefits, as well as those affecting the American litigation processes.</p>
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		<title>Jim Bennett Re-Named to the Executive Committee of The Theodore McMillian American Inn of Court</title>
		<link>http://www.dowdbennett.com/news/jim-bennett-re-named-to-the-executive-committee/</link>
		<comments>http://www.dowdbennett.com/news/jim-bennett-re-named-to-the-executive-committee/#comments</comments>
		<pubDate>Tue, 05 Jul 2011 19:33:50 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[News]]></category>
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		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1591</guid>
		<description><![CDATA[Jim Bennett has been named to serve another term on the Executive Committee of The Theodore McMillian American Inn of Court based in St. Louis.  ]]></description>
			<content:encoded><![CDATA[<p>Jim Bennett has been named to serve another term on the Executive Committee of <a href="http://www.innsofcourt.org/Content/InnContent.aspx?Id=5251" target="_blank">The Theodore McMillian American Inn of Court</a> based in St. Louis.</p>
<p>American Inns of Court are designed to improve the skills, professionalism and ethics of the bench and bar. An American Inn of Court is an amalgam of judges, lawyers, and in some cases, law professors and law students.  Each Inn meets approximately once a month both to &#8220;break bread&#8221; and to hold programs and discussions on matters of ethics, skills and professionalism.</p>
<p>Looking for a new way to help lawyers and judges rise to higher levels of excellence, professionalism, and ethical awareness, the American Inns of Court adopted the traditional English model of legal apprenticeship and modified it to fit the particular needs of the American legal system. American Inns of Court help lawyers to become more effective advocates and counselors with a keener ethical awareness. Members learn side-by-side with the most experienced judges and attorneys in their community.</p>
<p>American Inns of Court actively involve more than 25,000 state, federal and administrative law judges, attorneys, legal scholars and law students.</p>
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		<title>Dowd Bennett Named Joint Winner of Commercial Litigation Law Firm of the Year by Finance Monthly</title>
		<link>http://www.dowdbennett.com/news/dowd-bennett-named-joint-winner/</link>
		<comments>http://www.dowdbennett.com/news/dowd-bennett-named-joint-winner/#comments</comments>
		<pubDate>Fri, 01 Jul 2011 21:32:21 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1582</guid>
		<description><![CDATA[Dowd Bennett was named the joint winner of the Commercial Litigation Law Firm of the Year by The Finance Monthly Law Awards.]]></description>
			<content:encoded><![CDATA[<p><em> </em></p>
<p><em>Credit to Finance Monthly</em></p>
<p>Dowd Bennett was named the joint winner of the Commercial Litigation Law Firm of the Year by The Finance Monthly Law Awards.  The Law Awards celebrate excellence in the profession across private practice, the public sector, commerce, industry, and the Bar. It is unquestionably one of the most distinguished law awards events of the year for the legal profession.</p>
<p>This year recorded the highest number of votes in the awards history. Thousands of entries were received throughout the year.  The Finance Monthly editorial team conducts a huge research process to supplement the nominations.  Finance Monthly magazine combines the votes along with the research data in finalizing the shortlist and overall winners. The combination of this and Finance Monthly’s own research has made these awards the most comprehensive and incisive reflection of the commercial legal market.</p>
<p>For more information visit <a title="www.finance-monthly.com" href="http://www.finance-monthly.com" target="_blank">www.finance-monthly.com</a>.</p>
<p><a href="http://www.dowdbennett.com/wp-content/uploads/2011/07/dowd-litigationmag.jpg"><img class="alignnone size-full wp-image-1588" title="Commercial Litigation Law Frim of the Year " src="http://www.dowdbennett.com/wp-content/uploads/2011/07/dowd-litigationmag.jpg" alt="" width="398" height="564" /></a></p>
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		<title>Jim Bennett Presents Oral Argument to the Supreme Court of Missouri</title>
		<link>http://www.dowdbennett.com/experience/bennett-presents-argument/</link>
		<comments>http://www.dowdbennett.com/experience/bennett-presents-argument/#comments</comments>
		<pubDate>Tue, 28 Jun 2011 19:00:01 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[Appellate Law]]></category>
		<category><![CDATA[Experience]]></category>

		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1526</guid>
		<description><![CDATA[In July 2009, St. Louis County and the St. Louis Convention and Visitors Commission filed suit against a group of online travel companies.  ]]></description>
			<content:encoded><![CDATA[<p>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.</p>
<p>On April 5, 2011, <a href="http://www.dowdbennett.com/attorneys/james-f-bennett/">Jim Bennett</a> 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 <a href="http://www.courts.mo.gov/SUP/index.nsf/fe8feff4659e0b7b8625699f0079eddf/ca35e867c3edc2938625784000579097?OpenDocument" target="_blank">the Supreme Court case summary</a>.</p>
<p>On June 28, 2011, the Missouri Supreme Court issued an <a href="http://www.dowdbennett.com/wp-content/uploads/2011/04/6.28.2011-Mo-Sup-Ct-Summary-+-Decision.pdf">opinion</a> 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 <a href="http://www.dowdbennett.com/news/mo-high-court-sides-with-travel-firms/">Forbes Magazine and MSNBC</a>.</p>
<h5>View Related News:</h5>
<p><a href="http://www.dowdbennett.com/news/bennett-presents-to-sc/"></a><a href="http://www.dowdbennett.com/news/nationwide-media-attention">June 28, 2011 Nationwide Media Attention on Missouri Supreme Court Decision in Favor of Online Travel Companies</a></p>
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		<title>Missouri High Court Sides with Travel Firms in Tax Case</title>
		<link>http://www.dowdbennett.com/news/mo-high-court-sides-with-travel-firms/</link>
		<comments>http://www.dowdbennett.com/news/mo-high-court-sides-with-travel-firms/#comments</comments>
		<pubDate>Tue, 28 Jun 2011 16:39:30 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1568</guid>
		<description><![CDATA[The Missouri Supreme Court on Tuesday sided with several online travel companies in a dispute over hotel and tourism taxes.]]></description>
			<content:encoded><![CDATA[<p><em>By CHRIS BLANK</em><br />
<em>Associated Press</em></p>
<p>JEFFERSON CITY, Mo. — The Missouri Supreme Court on Tuesday sided with several online travel companies in a dispute over hotel and tourism taxes.</p>
<p>At issue was a lawsuit filed by St. Louis County and the St. Louis Convention and Visitors Commission against several companies that help with hotel and motel bookings. The companies contract with hotels for discounted prices and then sell the rooms to the public for a higher price while remitting the discounted price to the hotel operator and keeping the remainder. According to court documents, St. Louis County and the commission had argued that the booking companies should pay the taxes for the price difference.</p>
<p>But a unanimous state Supreme Court disagreed Tuesday and ruled for the companies, concluding that they were not required to pay the taxes.</p>
<p>Defendants included companies such as Prestige Travel Inc., Expedia Inc., Hotels.com, Priceline.com and Orbitz Inc. The companies argued, according to court documents, that the taxes applied to hotel or motel operators and that the businesses ran travel websites. The firms said that the difference between the discounted price the businesses got from a hotel and the higher price charged to customers was compensation for the reservation services and not a room charge.</p>
<p>A trial court had dismissed the lawsuit over the tax dispute after a new Missouri law took effect that stated the taxes were limited to the payment received by the hotel operator while stating that travel agents and other intermediaries were not to be considered hotel operators.</p>
<p>The Missouri Supreme Court on Tuesday upheld the constitutionality of that law. The court said the online travel companies would not have had an obligation to pay the hotel tax because it was levied only on those operating a hotel or motel. In addition, the state high court said the online travel companies would not have been liable for the tourism tax because they do not provide sleeping rooms and that tax was focused on those who receive payment for use of a sleeping room.</p>
<p>An attorney who represented the companies did not return a call seeking comment. A lawyer who represented St. Louis County and the St. Louis Convention and Visitors Commission before the state Supreme Court was involved in a case outside of Missouri and not immediately available to comment Tuesday.</p>
<p><em>Sourced from: Forbes, MSNBC, St. Louis Post-Dispatch</em></p>
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		<title>Nationwide Media Attention on Missouri Supreme Court Decision in Favor of Online Travel Companies</title>
		<link>http://www.dowdbennett.com/news/nationwide-media-attention/</link>
		<comments>http://www.dowdbennett.com/news/nationwide-media-attention/#comments</comments>
		<pubDate>Tue, 28 Jun 2011 16:24:13 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Appellate Law]]></category>

		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1564</guid>
		<description><![CDATA[On June 28, 2011, the Missouri Supreme Court issued an opinion affirming the trial court’s dismissal of a case brought by St. Louis County and the St. Louis Convention and Visitors Commission against the online travel companies.]]></description>
			<content:encoded><![CDATA[<p>On June 28, 2011, the Missouri Supreme Court issued an <a href="http://www.dowdbennett.com/wp-content/uploads/2011/06/6.28.2011-Mo-Sup-Ct-Summary-+-Decision.pdf">opinion</a> affirming the trial court’s dismissal of a case brought by St. Louis County and the St. Louis Convention and Visitors Commission against the online travel companies.  <a href="http://www.dowdbennett.com/attorneys/james-f-bennett/">Jim Bennett</a> had presented oral argument to the Missouri Supreme Court on behalf of the online travel companies.  The Court’s decision received nationwide media attention, including coverage by <a href="/news/mo-high-court-sides-with-travel-firms/">Forbes Magazine, MSNBC, and the St. Louis Post-Dispatch</a>.</p>
<p>The case is further detailed in the <a href="/experience/bennett-presents-argument/">Experience</a> section of our site.</p>
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		<title>Jim Bennett Elected to Board of Directors of the Bar Association for the Eighth Circuit</title>
		<link>http://www.dowdbennett.com/news/jim-bennett-elected-to-board-of-directors-of-the-bar-association-for-the-eighth-circuit/</link>
		<comments>http://www.dowdbennett.com/news/jim-bennett-elected-to-board-of-directors-of-the-bar-association-for-the-eighth-circuit/#comments</comments>
		<pubDate>Mon, 02 May 2011 21:28:04 +0000</pubDate>
		<dc:creator>admin</dc:creator>
				<category><![CDATA[News]]></category>

		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1554</guid>
		<description><![CDATA[Jim Bennett has been elected to serve on the Board of Directors of The Association of the Bar of the United States Court of Appeals for the Eighth Circuit. The Bar Association was formed to improve and facilitate the administration of justice within the courts of the Eighth Circuit; to raise the standards of proficiency [...]]]></description>
			<content:encoded><![CDATA[<p>Jim Bennett has been elected to serve on the Board of Directors of <a class="newwindow" href="http://www.eighthcircuitbar.com/">The Association of the Bar of the United States Court of Appeals for the Eighth Circuit</a>.  The Bar Association was formed to improve and facilitate the administration of justice within the courts of the Eighth Circuit; to raise the standards of proficiency and integrity in federal practice; to develop and implement effective, efficient, and uniform rules of practice and procedure within the courts of the Eighth Circuit; and to assist the judiciary of the Eighth Circuit in whatever manner requested. Membership is open to all attorneys who are admitted to practice before the United States Court of the Appeals for the Eighth Circuit, as well as all federal judges and federal judicial clerks within the geographic area of the Eighth Circuit.</p>
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		<title>Terry O’Toole Secures Pro Bono Victory for Vietnam Veteran</title>
		<link>http://www.dowdbennett.com/experience/terry-o%e2%80%99toole-secures-pro-bono-victory-for-vietnam-veteran/</link>
		<comments>http://www.dowdbennett.com/experience/terry-o%e2%80%99toole-secures-pro-bono-victory-for-vietnam-veteran/#comments</comments>
		<pubDate>Wed, 20 Apr 2011 21:21:58 +0000</pubDate>
		<dc:creator>admin</dc:creator>
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		<guid isPermaLink="false">http://www.dowdbennett.com/?p=1548</guid>
		<description><![CDATA[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 [...]]]></description>
			<content:encoded><![CDATA[<p>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 <a href="http://www.dowdbennett.com/wp-content/uploads/2011/06/4.20.2011-Board-of-Veterans-Appeals-Decision-.pdf">attached decision</a> 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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
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