Commercial Litigation

January 6, 2011

Dowd Bennett Represents Prominent St. Louis Law Firm in Suit Against Former Law Partner

Firms often say when a prominent partner leaves that the exit was “amicable.” The firm formerly known as Rabbitt, Pitzer & Snodgrass isn’t bothering with that pretense.

December 31, 2010

Ed Dowd and John Comerford Represent Gannon International in Suit Against International Private Equity Firm and Former CEO of Gannon’s Vietnamese Subsidiary

When Anheuser-Busch returned to Vietnam in 2008, it tapped Vietnam War veteran William Franke, founder and CEO of Gannon International, to lead the charge. Franke’s business, one of St. Louis’ largest private companies, became the brewer’s exclusive distributor in the country and planned to build a $90 million Budweiser brewery outside Ho Chi Minh City.

July 11, 2010

Dowd Bennett Obtained a Verdict of More than $7.6 Million for Monsanto

A St. Louis County jury awarded Creve Coeur-based Monsanto a verdict of more than $7.6 million June 28 in the company’s suit against Houston-based ConocoPhillips.

According to Monsanto’s petition, Conoco fell short in delivering petroleum coke that was promised in a sales agreement. Petroleum coke is produced during the oil-refining process and is used by Monsanto to make Roundup herbicides.

October 23, 2009

Judge: Monkey is Not a Service Animal

A federal judge has rejected a Springfield woman’s claim that her monkey was a service animal and that she was disabled.

Debby Rose had sued the Springfield-Greene County Health Department, CoxHealth hospital and a Springfield Wal-Mart because she was not allowed to take the monkey, named Richard, into restaurants and other businesses.

October 23, 2009

‘Devastating’ Ruling for Woman

A Springfield woman who fought to have her monkey declared a service animal said Thursday she was shocked a federal judge rejected her lawsuit.

“It’s devastating; it’s devastating,” Debby Rose said of the outcome of her lawsuit against the Springfield-Greene County Health Department, Cox Health and Wal-Mart East.

“I feel like I’m discriminated against in Greene County. What can I say?”

September 14, 2009

Fired ALJs Can Keep their Jobs, Cole County Judge Says

A Cole County judge said three administrative law judges can’t be terminated from their positions for budgetary reasons.

Earlier this year, five administrative law judge positions were dismissed from their posts. Four of the judges were let go, and a retiring judge was not replaced. Gov. Jay Nixon said the move was meant as a cost-cutting measure in the midst of a tough budgetary situation.

But three of the judges – Henry Herschel, John A. Tackes and Matthew Murphy – sued to keep their positions. They argued that they could only be dismissed under a specific system set up in the state’s statutes.

July 24, 2009

Federal Judge Gives Lawsuit Against City of Arnold the Red Light

A federal judge has dismissed a lawsuit challenging the constitutionality of the city of Arnold’s use of red-light traffic cameras. But opponents of the traffic cameras haven’t given up yet.

U.S. Magistrate Judge Thomas C. Mummert III, of the Eastern District of Missouri, granted the motion by the city and co-defendant American Traffic Solutions, or ATS, for summary judgment on the grounds that the city’s ordinance governing red-light cameras is civil in nature. The ordinance would have had to be criminal in nature for the plaintiffs to be able to pursue their due process claims.

July 9, 2009

Cole County Circuit Judge Says ALJs to Stay on the Job until Trial

A Cole County circuit judge has issued a preliminary injunction that prevents three administrative law judges from being forced out.

Henry Herschel, Matthew Murphy and John Tackes sued in June to prevent Gov. Jay Nixon’s administration from dismissing them. While Nixon said they were let go for budgetary reasons, an attorney for the judges says the move violated statutes that lay out a specific dismissal process.

Judge Jon Beetem issued a temporary restraining order late last month, a move that prevented the judges from leaving their positions for 15 days.

June 29, 2009

Cole County Judge Halts ALJ Firings for 15 Days

Three administrative law judges contesting their dismissals will get at least a couple more weeks to continue at their posts.

Jon Beetem, a Cole County associate circuit judge, issued a temporary restraining order against a bid by the state to lay off three administrative law judges. Without such an order, the three men – Henry Herschel, Matthew Murphy and John A. Tackes – would have been forced to leave their positions by June 30.

“The Court finds that plaintiffs will suffer irreparable harm in the form of the loss their appointments as Administrative Law Judges in the absence of this order,” Beetem wrote in the two-page order issued Monday.

June 26, 2009

Cole County Judge Considers Keeping ALJs in their Jobs

A Cole County judge said he will decide by Tuesday whether to keep three dismissed administrative law judges on the job.

Gov. Jay Nixon’s administration dismissed four administrative law judges earlier this month, while the position of a fifth judge who retired will not be filled. The judges are supposed to leave their posts by June 30 – the end of fiscal year 2009.

Three of the judges – Henry Herschel, Matthew Murphy and John Tackes – sued earlier this week, arguing that state law protects them from being dismissed without a formal process.