Fox Smith, LLC held its 2nd Annual Client Seminar – 2019 Updates on June 6, doubling attendance over last year. Clients who attended left comments such as: “Fantastic seminar! I learned a lot and was tasked with doing some follow-up research based on the subject matter;” “Very engaging and thought provoking! Thanks;” “Very beneficial material delivered in a clear and concise manner;” “Thank you for inviting us! Many eye openers included.” The Seminar, moderated by Ron Fox, included hot topics presented by Fox Smith attorneys: Liability for Biometrics – Ted Lucas; Negligent Hiring/Handling Termination – Meggie Gentzen; Whistleblower Update – Sarah Mangelsdorf; Cannabis Law Update – Tom Smith; Current Causation Standard of Missouri – Tom Smith; Mediation/Arbitration of Employment Disputes – Richard Korn; Recent Developments on Preservation & Discovery of ESI – Ryan Mohr; and Up to the Minute Info on Data Breaches – Scott Schaffer, Blade Technologies. If you would like a copy of the PowerPoint and/or handouts from the seminar, please contact Shurst@foxsmith.com.
Theodore (Ted) Lucas was recently named to The Best Lawyers in America. Recognition by Best Lawyers is based entirely on the review of attorney peers and colleagues in their geographical area. This process captures the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same area of law. Visit Ted’s profile at: https://www.bestlawyers.com/search?query=Theodore%20Lucas&country=US&state=MO&filters=lawyer&page=1
Richard Korn recently wrote an article, published on a website which caters to not-for-profit organizations, regarding the impact of the recent amendments to the Americans with Disabilities Act of 1990 on employers with 15 or more employees, including not-for-profit organizations. The Americans with Disabilities Amendments Act (or ADAA), as detailed in the article, provide for a far less stringent standard of what qualifies as a “disability” when compared to the law before the amendments. By way of example only, the new law provides that temporary conditions may be considered a disability (whereas before, they almost always were not). In addition, under the new standard, physical impairments in remission or not currently active may be considered a disability if they otherwise would be in their active state. Thus, employers must be ever so cognizant of employee requests for accommodations even when requests are made by employees who do not appear to be disabled in the traditional sense of the word. For more information, please click here (http://www.501connected.com/non-profit-news/the-americans-with-disabilities-act-what-every-non-profit-should-know).
In a 4-3 decision, the Missouri Supreme Court ruled the non-economic damage cap in medical malpractice cases violates the Missouri Constitutional right to trial by jury. In reaching its decision, the Court declared unconstitutional a non-economic damage cap originally enacted by the Missouri legislature in 1986, and amended in 2005. With this ruling, the Court also overruled a 1992 Missouri Supreme Court case that had declared the cap to be constitutional.
Mike Donelson was a member of a panel presentation sponsored by Lorman Education Services at The Regency Conference Center in O’Fallon, IL on July 10. The presentation was entitled “Gain New Insights in the Latest Developments to HIPAA and Medical Records Law.” For more information, please visit: http://www.lorman.com/training/medical-records-law-in-Illinois-393061.
At the request of the Court, Ron Fox recently provided a primer on Maritime Law to the judicial law clerks for the United States District Court for the Eastern District of Missouri. The presentation included issues related to jurisdiction, uniformity, maritime contracts and torts, in rem liens, limitation of liability, and actions by seamen. Ron’s presentation was part of a one day CLE seminar for the clerks. One law clerk later told a Fox Smith partner “Tell Mr. Fox he was really good – very engaging. Fox Smith, LLC was honored to be asked to provide this service to the court.
Ted Lucas will be a featured speaker at the 2015 Maritime Law Seminar sponsored by The Bar Association of Metropolitan St. Louis on September 17, 2015. Ted will be speaking on dock owner liability. The seminar will be held at the Ballpark Hilton.
Meggie Gentzen was recently named to The Missouri Bar’s 2014 Pro Bono Wall of Fame. The Missouri Bar created the Pro Bono Wall of Fame in 2011 to recognize lawyers who show an exceptional commitment to the historic principle of pro bono service. Meggie primarily donates her time to pro bono work through Let’s Start Legal Clinic which assists women re-entering society after incarceration with legal issues such as landlord/tenant issues, child custody issues and more.
Richard Korn and Mike Donelson recently obtained summary judgment in favor of their physician client and his practice group in a medical malpractice case where the plaintiff claimed she sustained an injury to her ureter during the course of a colostomy takedown procedure performed in August 2008. After first disclosing a standard of care liability expert from Chicago, Plaintiff’s counsel later decided to withdraw that expert and pursue the case under a res ipsa loquitur theory asserting that a “transected ureter” is the type of injury that does not occur in the absence of negligence. Richard and Mike thereafter filed a motion for summary judgment arguing that, under Illinois law, expert testimony was required in the case, even if the plaintiff intended to proceed under a res ipsa theory only. After the motion was fully briefed and argued, the trial court agreed and granted summary judgment in favor of Richard and Mike’s clients.