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Fox Galvin attains Jones Act defense judgment in East St. Louis Federal Court
 August 2010
Ron Fox and Greg Erickson defended Jones Act and unseaworthiness allegations of a deckhand employed by U.S. United Barge Line in a case tried before United States District Judge Michael Reagan in East St. Louis, Illinois. Plaintiff claimed two separate incidents while building tow involving shoulder and hand injuries. His medical included two shoulder surgeries. Plaintiff was 26 years old at the time of trial. Plaintiff claimed total disability and damages of $3,820,581.04, plus punitive damages in the amount of $1,000,000 regarding maintenance and cure. In the Court’s recent decision, U.S. United Barge Line won on all counts. The Court found no negligence and no unseaworthiness. The Court also found that the plaintiff failed to use reasonable care for his own safety despite plaintiff’s proper safety training by U.S. United. Finally, the Court ruled that the plaintiff’s version of the incidents were not credible. This is the second defense judgment attained by Messrs. Fox and Erickson on behalf of U.S. United Barge Line in East St. Louis federal court. The Court’s Opinion can be found here.


Seventh Circuit sides with Fox Galvin argument in RICO suit
 July 2010
The Seventh Circuit Court of Appeals recently affirmed a district court’s order of dismissal in favor of a lawyer whom Richard Korn represented in a civil RICO lawsuit alleging damages in excess of $5,000,000. The district court, relying on Supreme Court and Seventh Circuit precedent, ruled the plaintiffs’ claims were barred by the four-year statute of limitations applicable to RICO actions. The three-judge panel of the Court of Appeals agreed and also found that even if the action had been timely filed, plaintiffs had failed to state viable RICO claims against Richard’s client.


Katherine Fowler elected President of the Board of Directors of Let’s Start, Inc.
 April 2010
Katherine Fowler, partner at Fox Galvin, LLC, was elected President of the Board of Directors of Let’s Start, Inc. This organization is dedicated to assisting women in transition from prison life to society. It is unique in that it is coordinated by women who themselves have been through or worked in the criminal justice system. Let’s Start, Inc. aims to break the cycle of incarceration in families by using the personal experiences of its participants to support recovery, educate the community, and inform policy.


Fox Galvin Wins Dismissal With Prejudice of Libel Case Against Hospital
March 2010
The plaintiff alleged Fox Galvin’s client, a nationally recognized children’s hospital, had libeled and slandered her by making false statements to the authorities through a child-abuse hotline call and a letter to the family court. She alleged the hospital’s supposedly false statements resulted in her child being taken from her for several years. Plaintiff filed suit in the City of St. Louis, where the hospital is located. 

Jon Garside responded with a motion to transfer based on improper venue and a motion to dismiss. In the motion to transfer, Jon argued the case belonged in St. Louis County, often a better venue for defendants. Plaintiff responded that the statements had taken place in the City of St. Louis at the hospital, but the court agreed with Fox Galvin’s motion, finding the statements were first published in St. Louis County, giving rise to venue in that court.   

Then, Jon presented the motion to dismiss to the St. Louis County Circuit Court. That motion argued plaintiff’s claims were barred by the statutory immunity granted to those who are required to report child abuse or neglect, and also that plaintiff had failed to plead a causational link between the actions of the hospital and plaintiff’s loss of custody over her child. The court initially granted the motion, but allowed plaintiff leave to file an amended petition. Jon greeted the amended petition with another motion to dismiss, which the court then granted with prejudice from the bench.


Fox Galvin Obtains Summary Judgment for Client in Legal Malpractice Claim
February 2010
Richard Korn recently obtained summary judgment in favor of his client on the basis of the statute of limitations in a legal malpractice case pending in the Circuit Court of Madison County, Illinois.  The alleged malpractice arose from an underlying personal injury lawsuit wherein the Plaintiff sustained serious injuries, including in excess of $300,000 in medicals and $600,000 in wage loss.   From the outset, Richard’s strategy was to work up the case, depose the Plaintiff and obtain the necessary testimony to counter Plaintiff’s unique fraudulent concealment theory.  After the Motion was filed and fully briefed, argument was held on January 15, 2010.  The Motion was granted from the bench.


Erika Reynolds and Paul Johnson Join the Firm
January 2010
Fox Galvin, LLC is very pleased to announce that Erika Reynolds and Paul Johnson have joined the firm as associate attorneys. Erika has been an associate with a national law firm headquartered in St. Louis since 2007. Her practice has focused in the areas of general business litigation, toxic exposure, and product liability cases. Erika is a 2007 graduate of the University of Virginia School of Law. She is licensed in Illinois and Missouri.

Paul Johnson recently relocated to the St. Louis area from Chicago where he has practiced since 2007. Paul has focused his practice in the areas of commercial litigation, product liability, medical malpractice and toxic tort. Paul is a 2007 graduate of Southern Illinois University School of Law. He is also licensed in Illinois and Missouri.

Fox Galvin, LLC is a firm made up of civil trial lawyers with experience in handling high-level litigation. Fox Galvin attorneys have worked on many highly publicized civil cases in the region in the areas of admiralty, product liability, class action, professional liability, medical malpractice, commercial, employment and environmental litigation.


Jon Garside Speaks at Defense Counsel Seminar
December 2009
Jon Garside recently spoke as part of a panel at the joint Washington University School of Medicine and BJC Healthcare Fifteenth Annual Defense Counsel Seminar. The panel session was entitled “Trial War Stories—from Cradle to Grave,” and Jon addressed such topics as plaintiffs’ changing trial themes and new developments in presentation technology.


John Allen Speaks at a Maritime Law Seminar
September 2009
John Allen recently spoke at the Maritime Law Seminar sponsored by the Admiralty Law Committee of The Bar Association of Metropolitan St. Louis. John spoke about the new Vessel General Permit that regulates discharges from vessels and imposes onerous recordkeeping and reporting requirements on members of the inland river industry. With the help of Ryan Mohr, John drafted a paper on the VGP that was presented at the seminar as well. Fox Galvin has become a leader in advising marine industry clients on environmental matters, including the dramatic impacts of the Vessel General Permit. For more information about the Vessel General Permit or environmental audits at your facilities, please contact Ron Fox, Ted Lucas, or John Allen.


Ron Fox Speaks at National Maritime Seminar
May 2009
Recently, Ron Fox was a speaker at the Greater New Orleans Barge Fleeters Association annual River and Marine Industry Seminar in New Orleans. Working with Pete Merrill of Merrill Marine, Ron provided information on the recovery of property damages suffered in a marine casualty.

This is the fourth time that Ron Fox has been a speaker at this national maritime conference.


Fox Galvin Holds Seminar On and Assists St. Louis Harbor Marine Operators with New Environmental Regulations
April 2009
Attorneys from Fox Galvin are assisting many river operating companies in their efforts to comply with the recent USEPA regulations concerning the Vessel General Permit under the Clean Water Act. Fox Galvin held a free VGP seminar for many inland water operators. The seminar was attended both in person and by teleconference by many members of the industry.

More recently, John Allen and Ryan Mohr (who has a Masters in Environmental Science) attended a series of meetings held in the St. Louis Harbor area. Representatives of long haul towing companies, harbor operators, ship yards, and the AWO have attended these meetings.

Fox Galvin attorneys are currently advising numerous clients with regard to the VGP compliance forms and best practices. We are also doing on-site environmental audits at various facilities throughout the midwest. For more information on the Vessel General Permit requirements or environmental audits of your facilities, please contact Ron Fox, Ted Lucas, or John Allen.


Fox Galvin’s Decision to Admit Fault Pays Off
March 2009
Ken and Leslie Richardet and Eugene and Virginia Sturm claimed they were seriously injured when their Corvettes were hit from behind by a delivery truck on the Highway 24 bridge over the Ohio River between Kentucky and Illinois.

The Richardets and Sturms sued the Carbondale, Illinois, hardware store that owned the truck and the hardware store employee who was driving the truck for negligence. The lawsuit was filed in the U.S. District Court for the Southern District of Illinois. The Richardets and Sturms later amended their complaint to state a claim for spoliation of evidence because the truck had been destroyed.

Fox Galvin attorneys John Allen and Richard Korn represented the hardware store and the driver. Recognizing that liability was a virtual certainty, and realizing the risk of defending against a spoliation claim, John and Richard decided to admit fault, and they tried the case to a jury in the federal court in East St. Louis on damages alone.

By admitting fault, John and Richard were able to argue to the jury that the case was not about what caused the accident, but about what the accident caused, thereby shifting the focus of the case from the truck and the accident to the plaintiffs’ claimed damages. Mainly through deposition cross-examination of plaintiffs’ own treating doctors, John and Richard were able to convince the jury that the accident did not cause all of the injuries the plaintiffs were claiming.

In closing argument, plaintiffs’ counsel asked the jury to award the plaintiffs more than $1,366,000 in damages. John and Richard asked the jury to award the plaintiffs $120,000 in total damages. After three days of testimony and about eight hours of deliberation, the jury awarded the Richardets and the Sturms only $113,000 in total damages.


Fox Galvin Wins Dismissal of Wrongful Death Lawsuit
February 2009
The father of plaintiff Stephanie Tellios died after suffering a heart attack in a men’s restroom at Lambert-St. Louis International Airport. Ms. Tellios sued the City of St. Louis, which owns and operates the airport, alleging the City failed to properly train its employees on the use of automatic external defibrillators (AEDs) which the City had voluntarily installed in numerous locations at the airport.

Fox Galvin’s Jon Garside filed a motion to dismiss plaintiff’s claims, arguing the City had no duty to even install the AEDs, let alone train its employees to use them. The motion highlighted the dangerous public policy implications of punishing a landowner for voluntarily installing safety equipment like AEDs. The motion also pointed out plaintiff had not properly alleged a causational link between the supposed lack of training and her father’s untimely death. Plaintiff and her attorneys responded that the City had voluntarily undertaken a duty of care toward plaintiff’s father by installing the AEDs.

After hearing oral argument on the City’s motion, the trial court granted the motion, but allowed plaintiff to attempt to replead her allegations. After plaintiff filed her amended petition, Jon greeted it with another motion to dismiss. Plaintiff’s attorneys voluntarily dismissed her case before the hearing on that motion and are not planning to refile.


Dana Tucker named East Region Chief Counsel by Attorney General Koster
January 2009
An attorney who once collaborated with the late Johnny Cochran to win a verdict of more than $200 million for a client has been appointed by Missouri Attorney General Chris Koster as chief counsel for the state's Eastern Region.

Dana Walker Tucker, a partner with Fox Galvin LLC, will leave that position to begin managing her staff of more than 80 attorneys, investigators, and support staff members on Feb. 2.

For more of this story, click Here.


Ron Fox Asked to Speak at Greater New Orleans Barge Fleeters Seminar for the Second Year in a Row
December 2008
Ron Fox has again been asked to be a speaker at the Greater New Orleans Barge Fleeters Association River and Marine Industry Seminar in New Orleans, Louisiana. This year, Ron has been asked to speak on the topic of recovering for property damage under maritime law. Last year, Ron spoke on the topic of important forms that maritime employers should use.

The seminar is scheduled for April 22, 23, and 24, 2009. The 2009 seminar will be the fourth time Ron has spoken at this national maritime conference.


Fox Galvin Partners Selected as Super Lawyers
November 2008
Ron Fox and John Galvin have been selected as super lawyers for 2008 by Law and Politics. Following a state-wide survey of lawyers, nominated candidates are evaluated on a variety of factors and then pier-evaluated by practice area before inclusion as finalists. Only five percent (5%) of the lawyers in the state achieve recognition as super lawyers. Ron was selected in the area of transportation/maritime. John was selected in the area of civil litigation defense.


Fox Galvin's Dana Tucker and Sherry Hurst Serve on the Planning Committee for Diversity Job Fair
 August 2008
Dana Tucker, Partner, and Sherry Hurst, Administrator, both of Fox Galvin, LLC, served on the Planning Committee for the 1st Annual St. Louis Diversity Job Fair. The fair for law students was a huge success! The job fair was held on Saturday, August 16, 2008, at the Renaissance St. Louis Grand & Suites Hotel downtown. More than 280 students registered for the job fair, with 125 of them receiving interviews with the 22 legal employers that participated. Employers included law firms as well as state and government legal departments.

Additionally, there was a wonderful turnout from the local legal community at the Welcome Reception and Expo the evening before at BAMSL where Bob Wallace, Executive Vice President and General Counsel for the St. Louis Rams, addressed the attendees. Mavis Thompson, President-Elect of the National Bar Association, was on hand and provided opening remarks to the group. Also, the comments from Missouri Bar President Charlie Harris at the luncheon were also well received.

The St. Louis Diversity Job Fair was coordinated to give employers an opportunity to meet and interview minority law students who are interested in summer associate positions. The Job Fair steering committee invited law firms, corporations, and governmental agencies from the St. Louis metropolitan area to participate. Law students entering their 2nd or 3rd years in the fall from top ranked law schools, historically black college & university law schools, and law schools located in the Midwest, Kentucky, Tennessee, Arkansas, and Oklahoma and were invited to participate. Students from thirty–two law schools were represented at the Job Fair.

Host Sponsors of the event were the Bar Association of Metropolitan St. Louis and Association of Legal Administrators. Diamond Sponsors were Greensfelder, Hemker & Gale, P.C. and Husch Blackwell Sanders LLP. Additional Sponsors included Armstrong Teasdale LLP, Bryan Cave LLP, Thompson Coburn LLP, Senniger Powers LLP, Lewis Rice & Fingersh, LC, Sandberg Phoenix & von Gontard, PC, Fox Galvin, LLC, and Spencer Fane Britt & Browne LLP.

For more information about next year’s St. Louis Diversity Job Fair, please visit http://www.stldiversityjobfair.com or contact: Danielle Carr, Greensfelder, Hemker & Gale, P.C., at (314) 241-9090 or jdc@greensfelder.com.


Benjamin Rothmel Joins the Firm
 August 2008
Fox Galvin, LLC is pleased announce that Benjamin Rothmel has joined the firm as an associate. At Fox Galvin, he will focus his practice in the areas of maritime, environmental, and general commercial litigation matters. Rothmel recently completed a clerkship for The Honorable Roy Richter of the Missouri Court of Appeals. He graduated from Washington University School of Law in 2006 and is licensed in Missouri and Illinois.


Ted Lucas to Speak on Recent Developments in Maritime Law
 August 2008
Ted Lucas, Partner with Fox Galvin, LLC, has been invited to speak at the St. Louis Maritime Law Seminar on September 18, 2008, at the Ballpark Hilton. Mr. Lucas’ topic will be “Recent Developments in Maritime Law.”

He joined Fox Galvin in early 2008 and focuses his practice in the area of marine/mdmiralty law. The seminar is being sponsored by The Admiralty Law Committee of the Bar Association of Metropolitan St. Louis. This seminar is designed for inland river operators, maritime attorneys, and general practitioners, underwriters, and insurance brokers. Attorneys attending this seminar are eligible to receive up to 6.5 hours of CLE credit. For information on attending this seminar, please contact BAMSL at 314-421-1776.


Fox Galvin Announces Two New Partners
 June 2008
Fox Galvin is pleased to announce two new partners, John M. Allen and Katherine M. Fowler. Since beginning at Fox Galvin in December 2003, John Allen has represented a wide variety of clients in product liability, employment, toxic tort, maritime, environmental, and general commercial litigation matters. In his career, he has worked in both private practice and in a corporate law department, thus providing him with a wide array of litigation experience. Mr. Allen graduated from St. Louis University School of Law in 2000. He is licensed in Missouri and Illinois and admitted to practice in various federal courts.

Katherine Fowler joined Fox Galvin in 2004. At Fox Galvin, she concentrates her practice on commercial litigation matters, commercial lease disputes, defending product liability actions, and environmental litigation. She is a member of Commercial Real Estate Women (CREW)-St. Louis, the Defense Research Institute, and the St. Louis Women Lawyers’ Association of Greater St. Louis, and is a board member of the non-profit organization, Let’s Start. Ms. Fowler graduated from St. Louis University School of Law in 2000. She is licensed in Missouri and Illinois and admitted to practice in various federal courts.


Ron Fox and Ted Lucas Speak at National Maritime Law Seminar
 June 2008
In April 2008, Ron Fox and Ted Lucas were speakers at the annual maritime law seminar in New Orleans, Louisiana, sponsored by the Greater New Orleans Barge Fleeting Association. This annual seminar is the leading maritime law seminar for the inland river transportation industry. There were more than 500 people in attendance representing all facets of the inland river industry, including operators, underwriters, brokers, marine surveyors, and maritime attorneys.

Ron and Ted gave a presentation on the types of forms that inland operators should use (pre-employment applications, pre-employment medical questionnaires, incident reports, boarding and separation reports, and CG 2692s) and how those forms can help screen applicants, evaluate accidents, improve the employer’s position in litigation, and otherwise assist in reducing expenses associated with injury claims.

As part of their presentation, Ron and Ted provided copies of the recommended forms to the seminar participants. Fox Galvin, LLC makes those forms available to any inland operators who request them.


Fox Galvin Wins Unanimous Defense Verdict in Medical Malpractice Case
 April 2008
Jon Garside and Katie Fowler convinced all twelve members of a St. Louis City Circuit Court jury to find in favor of Fox Galvin’s client, a major St. Louis hospital, in a recent medical malpractice trial. The plaintiff, suing on behalf of his elderly mother, claimed she received negligent care during a three-week hospital admission. The patient, an 81-year-old woman, was admitted for significant mental status changes caused by pneumonia combined with her pre-existing senile dementia. The patient had suffered for several years from Alzheimer’s disease and arrived at the hospital dehydrated and malnourished, as well as suffering from an infection.

Although plaintiff’s lawsuit asserted numerous claims of supposed malpractice by hospital nurses and physicians, through aggressive discovery and pretrial motion practice Jon was able to limit plaintiff’s case to two specific actions by the nurses. He accomplished this with thorough deposition cross-examination of plaintiff’s two expert witnesses on the issue of causation and extensive pretrial briefing for the court. Katie drafted narrow jury instructions in keeping with the experts’ limited testimony that were accepted by the court over plaintiff’s objections, and argued several key motions during the course of the trial as well.

After six days of trial and less than two hours of deliberations, the jury returned a unanimous defense verdict. Plaintiff has not appealed the verdict.


John and Suzanne Galvin to serve on Mercy Ministries Board
 April 2008
Fox Galvin partners John and Suzanne Galvin have been asked to serve on the Community Board of Mercy Ministries, an organization that provides a residential counseling program for young women ages 13-28. The Mercy program lasts approximately six months and addresses eating disorders, self-harm, chemical addictions, and unplanned pregnancies through Biblically-based counseling, extensive life-skills training, parenting skills training, adoption services, and job/school placement. According to a Vanderbilt University study which followed up with graduates five years after leaving a Mercy facility, the program is over 80% effective at restoring young women as productive citizens.


Theodore Lucas Joins the Firm
 April 2008
Fox Galvin, LLC, is very pleased to announce that Theodore Lucas has joined the firm as a partner. Ted has eighteen years of experience as a trial attorney with an emphasis on admiralty, commercial, and zoning law. He has successfully handled cases in state and federal courts throughout the Midwest, including Missouri, Illinois, Iowa, Arkansas, Tennessee, and Wisconsin. Ted recently obtained a finding of zero fault for a fleeting and harbor service sued in federal court for transporting a barge that sank with a load of steel coils. He also recently obtained summary judgment, which was affirmed on appeal, for the defendant on a nearly $2,000,000 contractual indemnity claim. Ted is licensed to practice in Missouri and Illinois and is admitted to the bar of various federal courts.


Terry R. Lueckenhoff Joins the Firm
 April 2008
Fox Galvin LLC is pleased to announce that Terry R. Lueckenhoff has joined the firm as partner. Since graduating from the Washington University School of Law in 1977, Terry has handled some of the most complex litigation matters in the St. Louis region. He has been trial counsel for global companies on cases involving the contraction of the AIDS virus from medicine used to treat hemophilia, pattern litigation alleging serious injury and death from a withdrawn cholesterol drug and, most recently, cases relating to genetically modified organisms. At Fox Galvin, he will focus his practice in the areas of product liability, pharmaceutical and genetically modified organism defense and complex multi-district litigation, appellate, class action, and business litigation. Terry is licensed in Missouri, U.S. Court of Appeals, Seventh and Eighth Circuits, U.S. District Court, Central and Southern Districts of Illinois, and U.S. District Court, Eastern District of Missouri. He is a member of the American and Missouri State Bar Associations, the Bar Association of Metropolitan St. Louis, and the Defense Research Institute.


Summary Judgment for Fox Galvin's Client Upheld on Appeal
 February 2008
Essie James slipped and fell while trying to sit down and put her shoes back on at a security checkpoint at Lambert-St. Louis International Airport. The chair she was trying to sit in had wheels on it and slid away from her. James filed suit against Fox Galvin’s client, the City of St. Louis, which owns and operates the airport.

Jon Garside took plaintiff’s deposition and obtained her admission that her accident occurred inside the checkpoint area. Then, through the deposition of a former Transportation Security Administration (TSA) employee who witnessed the accident, Jon established that the security checkpoint is under the control of TSA, not the City, and that the chair belonged to TSA.

Armed with that testimony, Fox Galvin moved for and won summary judgment. The trial court found there was no evidence the chair on which James tried to sit was in a “dangerous condition,” or that the City had control over the chair. The Missouri Court of Appeals agreed, affirming the trial court in an unpublished opinion issued February 19, 2008.


Ryan Mohr Joins the Firm
 February 2008
Fox Galvin, LLC announces that Ryan E. Mohr has joined the firm as an associate attorney. At Fox Galvin, Mohr will focus his practice in the area of environmental litigation. He is a 2005 graduate of St. Louis University School of Law and received his Master of Science degree from Southern Illinois University, Edwardsville, in 2003. Mohr is licensed in Missouri and Illinois. He has been handling environmental compliance and litigation matters in Illinois and Missouri since being admitted to practice. Prior to practicing law, Mohr was employed as an environmental engineer. He is a member of the Illinois State Bar Association.


Eighth Circuit Affirms Summary Judgment in Favor of Fox Galvin Client on MultiMillion-Dollar Product Liability Case
January 2008
Steven Menz drove a 1976 Ford tractor’s front left tire into a hole on his property, causing the tractor to overturn. He was pinned beneath the tractor for over eight hours and, as a result, his left arm had to be amputated. He sued Fox Galvin’s client, Ford Motor Company, and other defendants in the Circuit Court for the City of St. Louis. Jon Garside and John Galvin promptly removed the case to federal court, arguing that a local tractor dealer had been fraudulently joined as a defendant in an effort to keep the case in state court.

The district court denied plaintiff’s motion to remand and eventually dismissed the case as a sanction after Fox Galvin’s investigation revealed the scene of the accident, as well as the tractor itself, had been substantially modified before suit had been filed. The federal 8th Circuit reversed the dismissal for additional findings on the spoliation issue, but upheld the district court’s jurisdiction as urged by Jon Garside and Katie Fowler on the appeal.

Back at the trial court level, Jon and Katie decided to defer the spoliation issue in favor of a knockout blow in the form of a motion for summary judgment based on the inadequacy of plaintiff’s expert witness. Once again, the district court granted Fox Galvin’s motion, excluding plaintiff’s expert and awarding Ford and its co-defendant summary judgment. Plaintiff appealed again, and Katie drafted the brief while Jon handled oral argument before the 8th Circuit. This time around, the appellate court upheld the district court’s ruling in its entirety, finding plaintiff’s own testimony and that of his expert essentially destroyed his case.


Fox Galvin Partners Selected as Super Lawyers
November 2007
Ron Fox and John Galvin have been selected as Missouri Super Lawyers for 2007 by Law & Politics. Following a statewide survey of lawyers, nominated candidates are evaluated on a variety of factors and then peer-evaluated by practice area before inclusion as finalists. Only 5% of lawyers in the state achieve recognition as Super Lawyers.

Ron was selected in the areas of Transportation/Maritime, Employment & Labor, and Environmental Litigation. John was selected in the areas of Civil Litigation Defense, Class Action/Mass Torts, and Environmental Litigation.


Ron Fox Speaks to Propellor Club, Port of Paducah
October 2007
Recently, Ron Fox made a presentation to members of the marine industry at the Propellor Club meeting for the Port of Paducah. The topic was proactive things that employers can do to prevent Jones Act claims and suits. Ron provided useful information in a variety of areas, including improved practices for the hiring process, managing vessel personnel, and handling issues associated with vessel employees when they first suffer an injury.


Ron Fox to Speak at National River and Marine Industry Seminar in New Orleans
October 2007
Ron Fox has been asked to be among the speakers at the Greater New Orleans Barge Fleeting Association River and Marine Industry Seminar to take place on April 23, 24, and 25, 2007, in New Orleans, Louisiana. Ron has been asked to speak on the use of various company forms, including pre-employment applications, pre-employment physical examination medical histories, accident reports, crew sign on/sign off forms, and the U.S. Coast Guard Form 2692. Ron will address these various forms and how they can be used to screen applicants, to evaluate accidents in litigation, and otherwise assist in reducing expenses associated with injury claims.

This will be the fourth time Ron Fox speaks at this widely attended national marine seminar.


Fox Galvin Wins Defense Verdict in Consumer Fraud Case
October 2007
Jon Garside and Katie Fowler of Fox Galvin won a nearly unanimous defense verdict in St. Louis County Circuit Court for a client accused of consumer fraud. The plaintiff was receiving outpatient infusion services from Fox Galvin’s client (a health care provider), and claimed he told the provider he was covered under Medicare and asked that Medicare be billed for his treatments. For several years prior, the plaintiff had been having the health care provider bill two private health insurance policies for his treatments and obtaining refunds for the second payment. He claimed he would have been able to continue receiving refunds from one of his private policies if Fox Galvin’s client had billed Medicare.

But the health care provider denied plaintiff had ever mentioned his Medicare coverage and maintained its billing practices were fair. Fox Galvin’s attorneys carefully reviewed the client’s telephone customer service records and found several entries that supported the client’s version of events. In addition, over plaintiff’s objection, Fox Galvin subpoenaed plaintiff’s private insurance records and found various misrepresentations plaintiff had made to his insurer, which Jon Garside then used to effectively cross-examine plaintiff at trial. Katie Fowler, serving as second-chair trial counsel, redrafted plaintiff’s proposed jury instructions using the judge’s own computer in his chambers, and the court submitted the instructions as revised by Katie.

The jury deliberated for only 40 minutes before returning a nearly unanimous verdict in favor of Fox Galvin’s client, with only one juror abstaining. Plaintiff filed no post-trial motions and has decided not to appeal the verdict.


Fox Galvin Tops List in Diversity Survey
October 2007
Fox Galvin placed #1 in a recent survey of St. Louis law firms’ minority hiring and retention. While the firms that were surveyed averaged just 3% minority attorneys, Fox Galvin had 20%. The Mound City Bar Association Report stated Fox Galvin, “does an excellent job recruiting and hiring quality African American attorneys.”

John Galvin was asked by the St. Louis Daily Record about how Fox Galvin came to be the leader in this area: “We don’t see diversity as a mysterious problem that can’t be solved. We just go out and hire and attempt to retain people who are reflective of our community.” The Mound City Bar Association Report can be found at www.moundcitybar.com or by clicking here (37MB PDF file). Click here to see the St. Louis Daily Record article.


John Galvin Featured on FORTUNE In-Flight Radio
June 2007
Fox Galvin's John Galvin is interviewed this month on FORTUNE Magazine's In-Flight Radio, produced by Sky Radio Network. The segment, which features "America's Premier Lawyers," asks John about defending corporate America in high-risk litigation in today's political climate. You may listen to John's interview at 36,000 feet or at your desk by clicking HERE (requires Windows Media Player or equivalent.)


Donna Clements and Tom Smith Make Presentations at Paralegal Seminars
June 2007
Fox Galvin legal nurse consultant Donna Clements, RN, lectured to a group of paralegals at seminars in Springfield and St. Louis, Missouri, in April 2007. Donna discussed recent issues involving the impact of HIPAA and other privacy acts as well as strategies for obtaining, organizing, and evaluating medical records. Fox Galvin attorney Tom Smith spoke at the St. Louis seminar about strategies and techniques for organizing and managing medical records for use at trial. Both Donna and Tom are frequent speakers to attorneys, paralegals, and medical professionals on issues dealing with risk management, pretrial discovery, and trial strategies.


Fox Galvin Obtains Summary Judgment in Multi-Million Dollar Product Liability Case
March 2007
Steve Menz lost his left arm when his 1976 Ford tractor rolled over and pinned him to the ground, trapping him there for several hours. The accident occurred in 2002, and Mr. Menz and his wife sued Ford in state court the next year, asserting claims of negligence and strict product liability.

Fox Galvin removed the case to federal court, arguing that the local tractor dealership sued by plaintiffs had been fraudulently joined to defeat federal jurisdiction. An initial investigation conducted by John Galvin revealed that Menz had made significant changes to the accident scene and the tractor, and also that the tractor had been modified since its original sale. Jon Garside took several depositions of plaintiffs’ expert mechanical engineer, laying the groundwork for a motion to exclude the expert under federal evidence rules and a motion for summary judgment. Meanwhile, Katie Fowler prepared a motion for sanctions, arguing that the case should be dismissed as a result of plaintiffs' destruction of evidence.

The district court granted Fox Galvin’s motion for sanctions, dismissing the case with prejudice. Plaintiffs appealed that ruling, as well as the district court’s initial determination that it had jurisdiction. Although the appellate court found an insufficient record to support the district court’s sanctions ruling and remanded the case for additional proceedings, it upheld the jurisdictional ruling, keeping the case in federal court.

The Fox Galvin team pushed forward with additional discovery, deposing a new expert disclosed by the plaintiffs and preparing detailed dispositive motions. These included a motion for summary judgment based on plaintiffs’ changes to the scene and modification of the tractor, as well as a motion to exclude plaintiffs’ main liability expert under Daubert. In November 2006, less than a month before trial, the district court granted the motion for summary judgment and partially granted the motion to exclude, ruling that Menz would not be able to prove his product liability case because of the changes to the tractor, his inability to prove its condition at the time of sale, and the unreliable nature of his expert’s opinions. Plaintiffs are appealing the second judgment against them.


Ron Fox and John Galvin Selected as Missouri Super Lawyers
January 2007
Fox Galvin’s founding partners, Ron Fox and John Galvin, have been selected as Missouri Super Lawyers by Law & Politics. Only 5% of lawyers are listed as Super Lawyers after a selection process that involves the mailing of more than 23,000 ballots and evaluation based on the background, experience, peer recognition, and professional achievement of each candidate. Candidates are then peer reviewed by a blue ribbon panel from their practice areas before final selections are made. Mr. Fox was selected for inclusion in the Transportation/Maritime category, and Mr. Galvin is included for his work in Civil Litigation Defense.


Fox Galvin Successfully Upholds Dismissal of Claim Against Chiropractor on Appeal
November 2006
In 2005, a former patient of a chiropractor filed a lawsuit in St. Louis City Circuit Court alleging he was mistreated during the course of his chiropractic care. Jon Garside successfully persuaded the trial court that the claims raised in the petition were barred by the applicable statute of limitations. The trial court dismissed with prejudice all allegations raised in the lawsuit, and plaintiff appealed the dismissal to the Missouri Court of Appeals for the Eastern District. After extensive briefing by both parties and oral argument on behalf of the chiropractor by Katie Fowler of Fox Galvin, the appellate court affirmed the dismissal of the case by the trial judge.


Ron Fox and Reggie Johnson Featured Panelists at Maritime Law Seminar
September 2006
Ron Fox and Reggie Johnson will be featured panelists at the upcoming Maritime Law Seminar put on by Bar Association of Metropolitan St. Louis on October 27, 2006, in St. Louis. They will be discussing "Dealing with Claims: Personal Injuries, Wrongful Discharge, ADA, and the Federal Maritime Lien Act." For more information on the panel and the seminar, visit www.bamsl.org.


Table Saw Product Liability Case Dismissed
July 2006
Eric Hagler's finger was amputated while he was using a table saw. He sued Emerson Electric and The Home Depot in the Circuit Court for the City of St. Louis alleging the saw was defective. Fox Galvin was hired to defend both companies and promptly removed the case to federal court, arguing Emerson had been fraudulently joined because it was not the actual manufacturer of the saw. In response, plaintiff dismissed Home Depot and the case was remanded to the state court. There, John Galvin filed a motion for summary judgment establishing that Emerson could not be held liable for the accident. While the motion was pending, plaintiff dismissed the case against Emerson. Thus, without the expense of a single deposition, both of Fox Galvin's clients have been dismissed from the case.


Good Result for Ford on Fraudulent Joinder Issue in Tractor Rollover Case
July 2006
Stephen Menz drove a Ford tractor's front left tire into a hole on his property, causing the tractor to overturn. He was pinned beneath the tractor for over eight hours and, as a result, his left arm was amputated. He sued both Ford Motor Company and the local dealer who had performed repairs on the tractor in the Circuit Court for the City of St. Louis. Ford retained Fox Galvin to defend the case. Jon Garside and John Galvin promptly removed the case to federal court, arguing the dealer had been fraudulently joined as a defendant because it had no duty to warn plaintiff of the purported defect in the tractor. The district court denied plaintiff's motion to remand and eventually dismissed the case after Fox Galvin discovered the scene of the accident, as well as the tractor itself, had been substantially modified before suit was filed.

Jon Garside and Katie Fowler handled the appeal to the 8th Circuit. Although the court remanded the case for further findings on the spoliation issue, it also held that a local repair company that does not create the purported defect in the product does not have a duty to warn about the defect, and that such an entity is fraudulently joined. Thus, the addition of a local dealer as a defendant in a case filed in a state court against an out-of-state product manufacturer should not serve as a bar to removal of the case to federal court.


Fox Galvin Obtains Dismissal of Warranty Claims
July 2006
Susan Hughey owned a New Holland tractor, which she alleged was destroyed when it mysteriously caught on fire. She sued New Holland North America, the manufacturer, and Diedrich Implements, Inc., the dealer, under breach of warranty and products liability theories. The breach of warranty claim was based on the implied warranties of merchantability and fitness for a particular purpose, both of which were disclaimed by the warranty that covered the product involved in the case. Jon Garside promptly filed a motion to dismiss the breach of warranty count based on the disclaimer signed by the plaintiff at the time of purchase. Fox Galvin argued the motion in Jefferson County, Illinois, and received a ruling in favor of New Holland the same day. This ruling positioned the case for a favorable settlement, which was obtained shortly thereafter by Jon Garside.


Insurer Prevails Against Additional Insured In Coverage Dispute Stemming From Underlying Maritime Action
June 2006
In an insurance coverage case arising from a maritime personal injury and limitation action, Fox Galvin attorneys obtained summary judgment for the insurer from the United States District Court for the Western District of Kentucky, while at the same time successfully opposing a motion for summary judgment from an additional insured. Related to a maritime injury action underlying "Martin Marietta Materials, Inc. v. Zurich American Insurance Co.," Martin Marietta, though not a party to the maritime case, had nevertheless filed a petition for exoneration or limitation pursuant to federal statute. Fox Galvin's Bart Sullivan represented the defendant parties in the maritime case (resolved through settlement in Kentucky state court) and in the limitation action. In 2005, the Western District court held that Martin Marietta was a named insured on defendants' insurance policy, but denied Martin Marietta's claims for indemnity and attorneys' fees.

Martin Marietta then sued the defendants' insurer, Zurich American Insurance Co. (represented by Fox Galvin attorney Bart Sullivan) for costs and attorneys' fees related to the limitation action and for damages stemming from Zurich's alleged refusal to provide a defense. Both Martin Marietta and Zurich filed motions for summary judgment. Martin Marietta claimed it was entitled to a defense, its costs and attorneys' fees relating to the limitation action, and damages. Bart Sullivan, on behalf of Zurich, argued that Martin Marietta's claims against Zurich were never ripe because the underlying injury plaintiff never sued Martin Marietta, that Martin Marietta's claims and motion were barred by the commencement provision of the insurance policy, and that Martin Marietta had in place insurance that covered it in any event.

The Western District of Kentucky court, in March 2006, ruled in favor of Zurich and against Martin Marietta on both motions. It noted, as argued by Bart, that the insurance policy at issue included a one-year limitation period requiring all suits relating to any claim on the policy to be commenced within one year from the denial of coverage. Here, the alleged denial of coverage took place in August 2003, but Martin Marietta did not bring suit against Zurich until May 2005. Thus, under applicable state substantive law, Martin Marietta's claims for damages, indemnification, and attorneys' fees were time-barred. Accordingly, the court held the commencement provision precluded the suit brought by Martin Marietta against Zurich.


Fox Galvin Meets Demand For New Technology
May 2006 - With excerpts from the article by Allison Retka -- St. Louis Daily Record
Smack in the middle of the "year of electronic discovery," legal technology experts say client demand is fueling a new push for expanded technology use at law firms. Whether mapping a chronology for a medical malpractice suit or editing hundreds of hours of video depositions for a stirring visual aid during trial, software programs - and those who administer training and advice for such programs - are rapidly gaining popularity among local firms that want to keep organized and keep at the top of their game.

Pat Mangum, one of Fox Galvin's paralegals, has found she was able to use litigation support software in more creative ways to better meet the indexing needs of the firm. As a "paralegal who thinks outside the box," Mangum said she tweaked and more effectively used software last year on a product liability case, one of her very first projects at the firm. With some help, Mangum was able to tailor the program to capture some unique information outside of regular documents. "Entering volumes upon volumes of documents and the coding process is a little tedious, but you have to invest some time in it," she said. "I like the searching capabilities." Basic knowledge of legal software programs is becoming "almost a requirement" for paralegals, Mangum said, unless they work for a large firm with its own technology department. "A paralegal who can work in a database - well, it only enhances our value," she said.

See the full article by clicking here.


Fox Galvin Staff Elected to Legal Organization Posts
March 2006
The St. Louis Legal Assistants' organization voted and approved a proposed slate of 2006-2007 officers on March 8, 2006. The new officers include three paralegals from Fox Galvin, LLC:

Heather Firestone will be the incoming Secretary. Heather joined Fox Galvin in May 2005. She has more than five years experience in litigation and holds an Applied Science Degree in Legal Studies.

Pat Mangum will be Treasurer for the upcoming year as well as the chair for the Community and Social Affairs Committee. Pat joined Fox Galvin in February 2005. She has over 25 years of legal experience.

Donna Clements will chair the Programs and Education Committee and serve as the BAMSL liaison. Donna holds a BA in Legal Studies with Certification in Paralegal Studies and is a Registered Nurse. Donna joined Fox Galvin in August 2005. She has over three years experience as a legal nurse consultant in addition to over 20 years in nursing.

Additionally, Sherry Hurst, the Administrator at Fox Galvin, is the President-Elect of the Gateway Chapter of the Association of Legal Administrators for the 2006-2007 year. Sherry has been the Administrator at Fox Galvin since October 2003. She has over 15 years experience as a legal administrator and over 25 years of overall legal experience. She holds a double Master's degree in Business and Human Resource Development.


Fox Galvin, LLC. Has Announced Three New Partners: Michael P. Downey, Richard B. Korn and Bart C. Sullivan
February 2006
Mike Downey primarily represents businesses in commercial, environmental, employment, and class action litigation. He also teaches legal ethics at Washington University School of Law, speaks on professional ethics for groups including the American Bar Association, the Missouri Bar, and the Missouri Society of CPAs, and represents and advises lawyers and accountants in legal and disciplinary matters. Mike graduated first in his class from Washington University School of Law in 1998 and clerked for the Hon. Pasco M. Bowman, then Chief Judge of the U.S. Court of Appeals for the Eighth Circuit, before entering private practice. Mike is licensed in Missouri and Illinois and admitted to practice before the U.S. Supreme Court, the U.S. Courts of Appeal for the Seventh and Eight Circuits, and U.S. District Courts in Missouri, Arkansas, and Illinois. Prior to law school, Mike was the Latin teacher at Ladue Horton Watkins High School.

Since beginning at Fox Galvin in September 2003, Richard Korn has represented a wide variety of clients in products liability, medical malpractice, employment, toxic tort, and general commercial litigation matters. In his career, he has worked in both private practice and in a corporate law department, thus providing him with a vast array of litigation experience. Richard graduated from DePaul University College of Law in 1995 and is licensed in Missouri and Illinois. He has practiced in federal and state courts across the country and is admitted to the federal courts in Missouri and Illinois.

Bart Sullivan has worked with Fox Galvin clients in a wide variety of areas. His many years of experience in all phases of civil litigation have enabled the firm to use his skills in matters involving insurance coverage, environmental, class actions, maritime, and business and commercial, among others. He has tried cases and handled appeals in numerous federal and state courts throughout the midwest. Bart also maintains a high profile in the community, serving in leadership positions for various civil and academic institutions.


John Galvin Elected to Sustaining Membership
in the Product Liability Advisory Council
January 2006
John Galvin, a founding partner of Fox Galvin, LLC, has been elected to sustaining membership in the Product Liability Advisory Council. In his twenty-year career, Mr. Galvin has specialized in handling high-stakes litigation, primarily on behalf of corporate defendants. He has served as national trial counsel for companies like Shell Oil Company, GlaxoSmithKline, and Baxter Healthcare. Mr. Galvin has obtained dismissals and favorable jury verdicts for manufacturers of various products including pharmaceuticals, industrial equipment, automobiles, agricultural equipment, and consumer products.

The Product Liability Advisory Council is a non-profit association with over 130 corporate members representing a broad cross-section of American and international product manufacturers. Sustaining membership in the Product Liability Advisory Council is by invitation only, and Mr. Galvin joins other leading product liability defense attorneys from around the country as a PLAC member.

In addition to product liability defense work, Fox Galvin handles environmental, class action, commercial, maritime, employment, and health care litigation. Fox Galvin routinely handles catastrophic personal injury and high stakes commercial litigation in some of the most difficult jurisdictions in the country. Fox Galvin attorneys have worked on many of the most highly publicized civil cases in the country.


Michael Donelson Joins Fox Galvin
December 2005
 Fox Galvin is please to announce that Michael Donelson recently joined the firm. Mike practices civil litigation with an emphasis on professional liability, personal injury, and product liability defense. Prior to completing law school, Mike worked for eleven years as a liability analyst in the insurance industry, the last six years of which were with a major physician's professional liability carrier. After completing law school, Mike began his legal career with a well-respected Illinois law firm, where he represented both defendants and plaintiffs in a wide range of litigation matters.


Fox Galvin Hosts its First Annual Employment Law Seminar
November 2005
Fox Galvin, LLC hosted its first annual Employment Law Seminar on November 18, 2005, at the Renaissance Grand Hotel in St. Louis. Richard B. Korn addressed the group of attorneys, business owners, and Human Resource professionals on "Managing Your Employees Under The Federal Anti-Discrimination Laws." Reginald C. Johnson followed by updating attendees on "Classification of Your Employees: The Dilemma of Overtime Payment and Deductions from Exempt Employees." A common type of employment litigation stems from non-compete agreements. Dana W. Tucker spoke on "One Up On The Competition: Your Company and Covenants Not-To-Compete." Jonathan H. Garside rounded out the day addressing the rising numbers of litigation - "Over There and Back Again: The Rights of Returning Servicemembers Under Federal Law."

The Employment Law Section of Fox Galvin, LLC will be circulating a periodic Employment Law Update newsletter via e-mail for those attendees who indicated interest. All others interested in receiving this newsletter may send their request to shurst@foxgalvin.com.


Michael Downey Selected as a Member of the Inaugural Class of Fellows for NIFTEP
August 2005
 Michael Downey has been selected as a member of the inaugural class of fellows for First Annual National Institute for the Teaching of Ethics and Professionalism (NIFTEP) workshop on teaching ethics and professionalism. NIFTEP is a consortium of five nationally-recognized law school centers on ethics and professionalism. The seminar, to be held in Atlanta, will involve approximately 20 speakers and participants and provide a forum to improve the teaching of ethics and professionalism. You can find out more here.


Mike Downey To Speak at DRI Annual Meeting on Ethics
June 2005
 Mike Downey has accepted an invitation to speak at the DRI 2005 Annual Meeting on October 20, 2005. Mike, recognized throughout the midwest and increasingly on a national scale for his knowledge of legal and professional ethics, will present a program on Lawyers Professionalism and Ethics entitled, "The Ethics of Bluffing." For more information, please contact Mike, or visit www.dri.org.


Mike Downey Selected as a Hearing Officer for the Missouri
Department of Natural Resources
April 2005
 Fox Galvin's Michael Downey has been selected as a contract administrative hearing officer by the Missouri Department of Natural Resources. In addition to conducting hearings and moderating public meetings for the MDNR, Mr. Downey will continue practicing commercial and environmental litigation at Fox Galvin. Mr. Downey also teaches as an adjunct professor at Washington University School of Law.


John Galvin Completes Mission Trip to Kenya
April 2005
 John Galvin recently had the opportunity to participate in a two-week mission trip to Africa. John was part of a team of six that conducted training in Christian children’s ministry in the slums of Nairobi, Kenya. In order to better assess community needs and develop a program for practical assistance, John remained in Kenya after other team members departed and met with a number of community leaders. The average income in Kenya is $340 U.S., the HIV/AIDS rate is 20%, and only 30% of children attend school. In the Kibera slum in Nairobi, nearly a million people live on 330 acres of land, with no plumbing, no medical care, and 70% unemployment. John is developing a program to provide assistance in these depressed areas.


Multimillion-Dollar Tractor Rollover Product Liability Claim Dismissed
March 2005
Fox Galvin recently convinced a federal district judge to dismiss a very serious product liability claim that involved a farm tractor manufactured by Ford. Plaintiff was operating the tractor near a ditch while using a front-end loader attachment on the tractor. One of the tractor’s front wheels either slipped down into the ditch or collapsed the side of the ditch, initiating a rollover that left plaintiff pinned under the tractor for approximately 10 hours, until he was discovered by his wife. The injuries suffered in the rollover ultimately necessitated the amputation of his left arm near the shoulder.

After being retained by Ford/New Holland, Fox Galvin removed the case to federal court, arguing the local dealer had been fraudulently joined as a defendant. John Galvin then inspected the tractor and the scene of the accident and discovered the ditch into which plaintiff had rolled had been filled in and the area completely re-graded. In addition, the tractor had been repaired, and plaintiff had sold the front-end loader he was using at the time of the accident. John discussed this discovery with the defense team, and they decided to develop the record to seek dismissal based on the destruction of evidence. Plaintiffs ultimately made a multimillion-dollar settlement demand.

Jon Garside deposed the plaintiff to establish the circumstances of the changes to the accident scene and products involved. After Jon deposed plaintiff’s engineering expert about the importance of forensic evidence in determining the cause of a rollover accident, Katie Fowler drafted a motion for sanctions against plaintiff, asking the court to dismiss the case with prejudice. The motion was supported by an affidavit from the tractor manufacturer’s consulting expert and argued that plaintiff’s spoliation of evidence had prejudiced Ford/New Holland and hindered its ability to fully defend the lawsuit. Exactly one month after the motion was filed, the federal district court granted it in full, dismissing plaintiffs’ case with prejudice.


Fox Galvin Participates in Fundraising Efforts for a Number of Charities
February 2005
In 2004, Fox Galvin participated in fundraising efforts for a number of charities:

  • Throughout 2004, Fox Galvin sponsored several "Jeans Days" to raise funds for Missouri Baptist Hospital's Grief Counseling Fund.
  • In Breast Cancer Awareness Month in October, Fox Galvin employees raised and sent contributions to the Susan B. Komen Breast Cancer Fund.
  • Employees collected food items and toiletries and shipped six large boxes to the 1140th Engineer Battalion Missouri Army National Guard stationed in Iraq. To show their appreciation, the battalion commander sent back a letter and a flag that was flown over Camp Sapper 2 in the Republic of Iraq on December 13, 2004.
  • Fox Galvin employees made contributions to purchase a television, DVD player, and DVDs for the Ronald McDonald House in St. Louis.
  • A family in the St. Louis metropolitan area was victimized by a house fire. Fox Galvin employees contributed a Christmas tree and decorations, stockings, warm clothing, new bedding, furniture, housewares, and cash to assist the family through their difficult time.
  • Currently, Fox Galvin is sponsoring a series of "Jeans Days" to aid the tsunami victims. Employees make a contribution to American Red Cross International and in exchange can wear blue jeans to work on the designated days.


Dana Tucker Named Partner
February 2005
Dana W. Tucker has recently been named partner at Fox Galvin. Ms. Tucker joined the firm in 2002. She has over ten years of litigation experience, including medical malpractice, commercial, personal injury, wrongful death, and employment litigation. She has successfully represented plaintiffs against insurance companies and employees against major corporate employers. Currently, Ms. Tucker concentrates on defense work and is defending two of the top hospitals in the country, as well as two major pharmaceutical companies.