Recent Developments

October 23, 2008

Three of the firm’s attorneys have been selected for inclusion in the 2008 edition of Missouri & Kansas Super Lawyers & Rising Stars magazine.  Jerome Dobson and Jonathan Berns are included in the list of Super Lawyers and Gregory Rich is included in the list of Rising Stars.  The selection process is based upon nominations from other lawyers and an independent evaluation of the nominees by the magazine’s publisher.  Only 5 percent of the total lawyers in Missouri and Kansas are included in the list of Super Lawyers and only 2.5 percent are included in the list of Rising Stars.

June 30, 2008

The Missouri Court of Appeals reversed a trial court’s grant of summary judgment in favor of SSM St. Charles Clinic Medical Group in a breach of contract case brought by a cardiologist who was formerly employed by the medical group.  The plaintiff, Dr. Stephen Comens, alleged that SSM St. Charles Clinic Medical Group modified his compensation in violation of his employment contract.  The trial court found that Dr. Comens was precluded from pursuing a breach of contract claim because he continued to work for the medical group for more than six years after learning about the change in his compensation.  On appeal, Jerome Dobson and Gregory Rich successfully argued that Dr. Comens’ claim was not barred because he repeatedly complained about the change in his compensation throughout the remainder of his employment and did not take any actions that were inconsistent with his breach of contract claim.  Click here to read the decision.

January 31, 2008

Jonathan Berns and Michelle Dye Neumann obtained a verdict in favor of a former flight attendant of Trans States Airlines who alleged that she was fired in retaliation for reporting sexual harassment by a pilot.  After a four-day trial, a jury awarded the plaintiff $378,500 in damages, which included $53,500 in compensatory damages and $325,000 in punitive damages.

December 18, 2007

October 9, 2007

Jerome Dobson and Michelle Dye Neumann obtained a verdict in favor of a former employee of Pepose Vision Institute who alleged that she was terminated from her job in violation of public policy.  In 2003, Pepose Vision Institute was under investigation by the United States Department of Labor for possible overtime violations.  Michelle Fleshner, the plaintiff, spoke to an investigator from the Department of Labor for approximately two hours and provided helpful information to the investigator.  Two days later, Pepose Vision Institute terminated Fleshner’s employment.  After a six-day trial, a jury awarded Fleshner $30,000 in compensatory damages and $95,000 in punitive damages. 

July 31, 2007

Mark Moreland obtained a settlement of more than $600,000 on behalf of Tammy Buckholz, a former employee of Dollar General who sustained a serious injury during her employment with the company. Buckholz worked at Dollar General’s distribution center in Fulton, Missouri. In 2002, Buckholz nearly had her left leg amputated after she was run over by a forklift. Although doctors were able to keep her from losing her leg, Buckholz will require medical treatment for the rest of her life. Out of the settlement amount, $400,320.85 will be paid directly to Buckholz. In addition, a Medicare Set Aside Trust was established to pay for future medical expenses. The trust will be funded with an initial payment of $64,250.73 and subsequent payments of $9,615.57 per year for a minimum of 15 years. Thereafter, if Buckholz survives, additional contributions will be made to the trust for a total payment of $381,563.99 over the course of her life. In the event that Buckholz dies prior to the exhaustion of the trust, the remaining money will be paid to her family.

July 19, 2007

After a four-day trial, Jerome Dobson and Jonathan Berns obtained a verdict in favor of Wayne Burrus, a former employee of HBE Corporation who alleged that the company had failed to pay him commissions that he had earned under the company’s sales commission plan.  Burrus worked for HBE Corporation for 12 years and was one of the company’s most productive salespersons.  After deliberating for less than two hours, a jury unanimously found that Burrus was entitled to commissions on eight different contracts that he had helped procure during his employment and awarded him damages in the amount of $550,234.65.

July 17, 2007

Gregory Rich and Michelle Dye Neumann obtained a unanimous verdict in favor of a teacher who was fired after reporting suspected hazing of a student.  The plaintiff, Michael Keveney, was employed by the Missouri Military Academy in Mexico, Missouri, as an English teacher.  When Keveney observed bruises on the arms of one of his students, he suspected that the student had been hazed by fellow students and reported the bruising to his superiors.  Keveney also insisted on contacting the Missouri Division of Family Services to report the suspected abuse, which he was required by law to do.  The Missouri Military Academy fired Keveney the same day that he reported his concerns.  The jury found that the Missouri Military Academy did not have cause to fire Keveney under the terms of his employment contract and awarded him $13,300 in damages to compensate him for the income that he would have earned under the remainder of his contract.  

July 16, 2007

Mark Moreland obtained a workers’ compensation award in favor of Geneva Sellers, a former employee of A.G. Edwards who alleged that she developed bilateral carpal tunnel syndrome and left cubital tunnel syndrome as a result of performing data entry for the company on a daily basis.  A.G. Edwards denied that the repetitive typing that Sellers performed as part of her job could have caused her injuries and offered Sellers only $4,000 prior to trial.  In a favorable opinion, the Administrative Law Judge awarded Sellers $46,178.32 for her injuries.

December 15, 2006

After a week-long trial, Jerome Dobson and Michelle Dye Neumann obtained verdicts in favor of two former executives of Schuster Engineering who alleged that they were wrongfully discharged for reporting illegal conduct by the president of the company. The jury deliberated for approximately two hours before returning unanimous verdicts in favor of the plaintiffs. The jury awarded the plaintiffs a total of $1,400,000 in compensatory damages and $1,392,000 in punitive damages

November 28, 2006

The Missouri Court of Appeals has affirmed a judgment in favor of the head baseball coach at the University of Missouri-St. Louis (UMSL). James Brady, who has worked as the head baseball coach at UMSL since 1985 and is the most successful coach in the history of UMSL, brought claims of age discrimination and retaliation against the University and two individual employees under the Missouri Human Rights Act. In January 2005, a jury found in favor of Brady on his claims and awarded him a total of $1,275,000 in damages, which included $1,050,000 in punitive damages. The Court of Appeals found that public entities such as the University of Missouri can be held liable for punitive damages under the Missouri Human Rights Act and that there was sufficient evidence to support the jury’s award of punitive damages against each of the defendants. Brady is represented in the lawsuit by Jerome Dobson and Gregory Rich. Click here to read the decision.

November 15, 2006

Jerome Dobson has been named one of the top 50 lawyers in St. Louis by Missouri & Kansas Super Lawyers magazine, which conducts annual surveys of lawyers throughout the country. The ranking is based on peer recognition and professional achievement.

November 1, 2006

Jerome Dobson and Michelle Dye Neumann obtained verdicts on behalf of two men who brought age discrimination claims against Material Handling Systems, Inc., and the company’s owner. The plaintiffs, who are both in their 60s, alleged that the owner of Material Handling Systems made age-related comments about them and terminated their employment because of their age. After deliberating for a little over an hour, a jury found in favor of both plaintiffs and awarded them a total of $255,000 in damages.

October 24, 2006

Jonathan Berns successfully convinced the Missouri Court of Appeals to revive a breach of contract action filed against HBE Corporation. The plaintiff, Wayne Burrus, was employed by HBE as a salesman in the company’s hospital building division. Burrus alleged in the lawsuit that he was entitled to commissions that he earned by helping to develop relationships with potential customers who ultimately decided to use HBE’s hospital design and building services. HBE argued that it was not required to pay any commissions to Burrus because his employment ended before the sales contracts were finalized. The trial court agreed with HBE and entered judgment in favor of the company, but the Court of Appeals reversed the trial court’s judgment and found that there are factual questions that must be decided by a jury. Click here to read the decision.

September 1, 2006

After a five day trial, Jerome Dobson and Michelle Dye Neumann obtained a verdict in favor of a woman employed by St. Louis Community College who alleged that she had endured years of sexual harassment by a male co-worker and that the college had failed to take appropriate action to end the harassment.  The jury awarded the plaintiff $400,000 in compensatory damages and assessed an additional $450,000 in punitive damages against the college.  

August 29, 2006

June 23, 2006

Jonathan Berns was part of a panel of speakers at a seminar entitled “Missouri Employment Law & Practice: Winning Strategies,” which was sponsored by The Missouri Bar. Mr. Berns discussed recent developments in employment law and presented practical advice for attorneys who represent employees in employment-related matters.

June 22, 2006

Steak ‘n Shake has agreed to pay $180,000 to settle a sexual harassment lawsuit filed against it by Amanda Nichols and the Equal Employment Opportunity Commission. Nichols, who was represented in the lawsuit by Jerome Dobson and Jonathan Berns, alleged that she was subjected to sexual comments and unwanted touching by a male co-worker while she was employed at a Steak ‘n Shake restaurant in Ballwin, Missouri, in 2002. Nichols was 17 years old at the time the harassment occurred and she alleged that managers at the restaurant ignored her complaints about the offensive conduct. The settlement requires Steak ‘n Shake to revise its sexual harassment complaint procedures and provide training to certain management and human resources employees. Additional terms of the settlement are contained in a Consent Decree that was filed in the United States District Court for the Eastern District of Missouri.