Trial Practice

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July 11, 2010

Monsanto wins verdict against ConocoPhillips

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.

July 4, 2010

Monsanto gets $7.6 million verdict against Conoco

A St. Louis County jury awarded agriculture monolith Monsanto a verdict of more than $7.6 million last week 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 Monsanto uses it to make Roundup herbicides.

April 18, 2010

Dowd Bennett Obtains Defense Verdict for National Retailer Client

The Equal Employment Opportunity Commission has lost a case involving a woman who alleged Wal-Mart fired her because of her age.

A U.S. District Court for the Eastern District of Missouri jury found for Wal-Mart on April 7.

Yvonne Loskot was 67 when she was fired from the De Soto store’s optical center. At the time, she made just under $18 an hour and was the highest-paid optician at the center, according to the EEOC.

April 11, 2010

Missouri Court of Appeals Hears Oral Argument in Case of Fired ALJs

Appeals court judges Thursday asked how, beyond the language of a state statute, administrative law judges can be fired.

Ron Holliger, general counsel for Missouri Attorney General Chris Koster, told the judges the Legislature has the power to create, abolish, modify or change any position – including through appropriations legislation.

“It’s been a general proposition of American law for many, many years that the body that creates a public office can abolish that position,” Holliger said at the hearing before the Missouri Court of Appeals Western District, at the University of Missouri Law School.

February 25, 2010

Dowd Bennett Obtains Defense Verdict for Fresenius Medical Care

March 5, 2010 EL PASO — A federal lawsuit against a medical center with two clinics in El Paso has been dismissed, attorneys for the center said this week.

The suit alleging Medicare fraud by Fresenius Medical Care of North America and a clinic manager, Larry Ramirez, was dismissed by U.S. District Judge Phillip Martinez, attorneys said. Martinez dismissed the case after a jury found that a doctor named in the lawsuit, Dr. Alfonso Chavez, wasn’t liable.

August 26, 2009

Cole County Judge Set to Rule on Firings of Administrative Law Judges

The futures of three administrative law judges are in the hands of a Cole County judge.

Attorneys presented final arguments on Wednesday in a case deciding whether the three ALJs can stay on job. Gov. Jay Nixon’s administration dismissed Henry Herschel, Matthew Murphy and John Tackes earlier this year, citing budgetary concerns. Two other judges’ positions were also cut.

Cole County Circuit Judge Jon Beetem issued a preliminary injunction earlier this year that prevents the Nixon administration from firing or retaliating against the three judges. The plaintiffs are seeking a permanent injunction that would keep them in place.

February 5, 2009

Judgment of $23.3 Million with Interest Entered for SP

Federal District Judge Carol E. Jackson signed the order Tuesday for Structural Polymer Group to collect $23,306,462 plus $3,160.74 daily interest since Dec. 7, 2008, after winning a breach of contract verdict against Zoltek.

Structural Polymer was represented through the trial and appeal process by Tom Walsh, Jim Bennett, Ed Dowd and Lou Bonacorsi.

January 23, 2008

Metro in Missouri to Pay $6M, Instead of $27M, in Attorneys’ Fees

Metro agreed in a settlement with the fired builders of its light-rail extension to Shrewsbury to pay just $6 million in attorneys’ fees. The Cross County Collaborative, which in November won a case filed by the transit agency, had sought $27 million in attorneys’ fees. “This is it. They’re paying us $6 million,” said Ed Dowd, a Dowd Bennett attorney who represented STV Inc., one of the four contractors Metro sued in 2002 on claims of fraud and mismanagement. “We hope [the settlement] helps Metro to continue to expand its light rail service for the people of St. Louis,” he said.

January 23, 2008

Metro to Pay Firms $6 Million

The Metro transit agency and the MetroLink designers it unsuccessfully blamed for cost overruns and delays on the Shrewsbury extension have reached the end of the line in their long-running legal battle.

Metro and the four design and construction management firms declared Tuesday that they had reached a $6 million settlement that includes the $2.56 million judgment a St. Louis County jury awarded the firms in November.

The settlement appears to save Metro from reimbursing tens of millions of dollars in legal fees and costs amassed by the defendant, the Cross County Collaborative, as well as its own additional costs if it appealed the verdicts. Metro told the Post-Dispatch onTuesday that its costs for pressing the lawsuit were $21.4 million through Dec. 31.

December 15, 2007

Winners in MetroLink Suit Seek $27 Million in Legal Fees

Thirty-seven lawyers who defeated the Metro public transportation agency’s efforts to hold their clients responsible for light rail construction woes have submitted claims for $27.3 million in fees and expenses against the transit agency.

If St. Louis County Presiding Judge Carolyn C. Whittington approves the bills at a hearing Wednesday, it would bring the liability for taxpayers or transit riders to almost $30.7 million. The figure includes a $2.6 million judgment and almost $770,000 in interest.

But that’s without counting Metro’s own legal expenses in the failed suit against the Cross County Collaborative. Metro attorneys say its costs have not been calculated yet.

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