Mike Downey Addresses HIPAA and Medical Records
December 2002
Mike Downey recently spoke on confidentiality of medical records at the seminar Mental Health & the Law hosted by Medical Educational Services, Inc. (MEDS) / Professional Development Network (PDN). Mike discussed when medical records can and must be released, how medical providers should respond to subpoenas, court orders, and search warrants, and the impact the federal Health Insurance Portability and Accountability Act (HIPAA) will have on the privacy and security of health information.

John Galvin worked as a member of the joint defense team on behalf of the oil industry in opposing class certification, taking primary responsibility for certain of the expert witnesses, deposing a number of the representative plaintiffs and participating in the briefing and presentation of argument on the class certification motion. The Court held a two day evidentiary hearing on the motion and, on July 16, 2002 issued a seventy-eight page order refusing to certify a class. Rejecting plaintiffs’ arguments, Judge Shira Scheindlin held that the individual circumstances of each case, as well as concerns about claim-splitting and the propriety of classwide injunctive relief, prohibited certification of any class in the consolidated cases.

$1 Billion Class Action Defeated
June 2002
In December of 2000, a group of plaintiffs filed a class action complaint in the Circuit Court for the City of St. Louis alleging hundreds of thousands of automobiles contained a defective engine part. Before the defendant manufacturer had even been served with process, the plaintiffs’ attorneys obtained a "drive by certification" of the case, ostensibly creating a nationwide class alleging in excess of $1 billion in damages.

Fox Galvin was then hired to defend the auto manufacturer. First, Suzanne Galvin prepared a motion to vacate the class certification decision, arguing the "drive by certification" was a denial of due process rights. The Court agreed and vacated the class ruling. Jon Garside then drafted a motion attacking venue in the St. Louis City Court, and was successful in getting the case transferred to St. Louis County, a more conservative jurisdiction. After taking the depositions of the named plaintiffs, Tom Smith prepared summary judgment motions and initiated settlement discussions with plaintiffs’ counsel. Before the motions were heard, the case was resolved for nuisance value, with Fox Galvin’s client paying a nominal amount to resolve the case.

Ron Fox Appointed Chair of Admiralty Law Section of BAMSL
June 2002
Ron Fox has been appointed by the President of the Bar Association of Metropolitan St. Louis to chair the Admiralty Law Section of BAMSL. The purpose of the Admiralty Law Section is to provide a forum for discussion of issues related to maritime law and legal issues facing the maritime industry. Ron will coordinate a day long seminar tentatively set for April, 2003. Seminar topics may include OSHA and the maritime industry, duties owed to and by a barge owner, and legal issues related to a drug free working environment. Ron has practiced in the area of admiralty and maritime law for twenty years, has published numerous articles related to maritime law and has spoken three times at the BAMSL maritime law seminar in St. Louis and twice at the Greater New Orleans Barge Fleeters Association seminar.

St. Louis County Court Denies Petition for TRO in Employment Case
June 2002
Jon Garside recently succeeded in defeating a Petition for a Temporary Restraining Order in Express Scripts v. Richard Johnston and Pharmacare, Inc. Express Scripts was seeking to enforce a covenant not to compete signed by Mr. Johnston before his employment with Express Scripts was ended. Jon convinced the St. Louis County Circuit Court Judge that the covenant should not be enforced against Mr. Johnston or his new employer, Pharmacare. The case was subsequently resolved on favorable terms.

Mike Downey Speaks At Ethics Seminar
May 2002
Mike Downey recently spoke on the topic "Developments in Ethics-Litigation" at the "What’s New in Legal Ethics" Seminar hosted by the Bar Association of Metropolitan St. Louis (BAMSL). Mike has been appointed the co-chair of BAMSL’s Professional Ethics and Methods of Practice Committee for the coming year.

Pro Bono Efforts to Benefit Abused Women & Children
April 2002
Suzanne Galvin has agreed to chair the organization committee for "Party with a Purpose: A Dinner and Auction to Benefit Legal Advocates for Abused Women." LAAW provides assistance to indigent women and children who are victims of domestic abuse in the St. Louis area. In addition to Suzanne’s efforts, five other Fox Galvin attorneys have agreed to donate their time to represent LAAW clients in court proceedings. The Benefit will be held on September 28, 2002 and LAAW is seeking sponsors and auction item donors.

Pool v. Bowersox; Appeal Dismissed
March 2002
Mike Downey recently prevailed in a court-appointed case in the United States Court of Appeals for the Eighth Circuit. Kevin Pool, a Missouri inmate, had filed a federal habeas petition stating that the Missouri Department of Corrections had violated a plea agreement when it refused to release Mr. Pool in 1998. While not denying Mr. Pool's factual account, the Missouri Attorney General's Office refused to address the merits of Mr. Pool's claim, saying Mr. Pool first had to present his claims to a state court. The District Court rejected this argument, but the Missouri Attorney General appealed. Mike was then appointed to represent Mr. Pool. Mike prepared the briefs, argued the appeal, and gained a dismissal from the Eighth Circuit. Mike also entered his appearance in the District Court, where he continues to pursue Mr. Pool's claims.

Medical Device Manufacturer Dismissed in Wrongful Death Case
March 2002
Fox Galvin recently finalized a case in which the firm was asked to represent the manufacturer of a patient controlled analgesic pump. The medical device had been used to provide morphine to a 30 year old man who had presented at a local hospital with kidney stones. In the middle of the night, he was found non-responsive and died of a morphine overdose. Rather than stonewall on discovery, John Galvin worked with the client to informally provide information about the pump to the other parties in the case, including having a company engineer extract data from the pump at the request of plaintiffs’ counsel. Depositions of hospital personnel and third-party testing of the pump coordinated by the parties confirmed that the pump had worked as intended. John made a nominal offer of judgment to start accruing costs in his client’s favor, and pushed for an aggressive expert discovery schedule to force the plaintiffs’ hand with regard to the product liability claim. Eventually, the case settled, with a substantial payment by the hospital, and no contribution by Fox Galvin’s client.