Fox Galvin Office Expands Again -- Cover Entire 8th Floor
December 2003
The firm has signed a lease commitment and completed construction of additional office space. The firm's offices now occupy the entire 8th floor of the Gateway Tower Building at One Memorial Drive. "Given the growth of our practice in many different areas, we needed the additional space," said Ron Fox. The firm's growth, since opening in April of 2001, has been profound and it is a reflection of the confidence our clients have placed in Fox Galvin to handle significant, complex litigation.

Ron Fox Speaks at the Center for Maritime Education in Paducah
November 2003
As part of a two-day program offered by the Seaman's Church Center for Maritime Education, Ron Fox spoke on various topics related to defending the maritime industry. Among the topics discussed were seaman status, applicability of OSHA regulations to the marine work environment, and investigation of accidents immediately following the incident.

Ron Fox Appointed Chair of the Admiralty Law Committee of BAMSL for Second Year
November 2003
Ron Fox has been appointed by the President of the Bar Association of Metropolitan St. Louis to chair the Admiralty Law Committee of the Bar Association of Metropolitan St. Louis for a second year. The purpose of the Admiralty Law Committee is to provide a forum for discussion of issues related to maritime law and legal issues facing the maritime industry. Ron, Steve Niemira and Greg Erickson will be coordinating a day-long seminar tentatively set for the spring of 2004. Ron has practiced in the area of admiralty and maritime law for over 20 years and has published numerous articles related to maritime law.

Employee Lawsuit Against Madison County School District Dismissed with Prejudice
October 2003
Steve Niemira and Jon Garside recently forced a plaintiff to dismiss her case with prejudice one week prior to trial. The plaintiff had sued a Madison County, Illinois school district in that county’s Circuit Court, initially claiming she was fired in violation of her due process rights. Fox Galvin filed several successful motions to dismiss, whittling down the various legal theories asserted by plaintiff (which eventually included retaliatory discharge, breach of contract, and pay discrimination) until she was on her Fourth Amended Complaint. Based on Fox Galvin’s analysis of the case’s trial prospects, the client decided not to make any settlement offer. While preparing for trial, Jon and Steve put together an ultimatum to plaintiff’s counsel, explaining the evidence they would present at trial and offering one last chance for plaintiff to dismiss without paying the costs of the litigation. Plaintiff accepted the offer, dismissing her case with prejudice rather than proceeding to trial.

Mike Downey Addresses Ethics Topics
October 2003
Senior Associate Mike Downey has been asked to write a professional ethics column for the St. Louis Lawyer, the monthly publication of the Bar Association of Metropolitan St. Louis.  Mike’s most recent column, published in October 2003, addresses what influence a third-party payer can have over an attorney-client relationship.  Mike will also speak regarding recent develops in legal ethics at the November 2003, meeting of the Missouri Bar’s Professionalism Committee in Jefferson City, Missouri.

Downey, Gamble Speak on Class Action Litigation
September 2003
Paralegal Ann Gamble and senior associate Mike Downey taught how to defend class actions at the full-day seminar Strength in Numbers: The Guide to Conducting Discovery in Class Action Lawsuits presented by the National Business Institute.  Ann and Mike covered a broad range of topics on how to prepare and defend a class action ranging from managing voluminous document productions to opposing a motion for class certification and trying or settling class-action claims.

Illinois Appellate Court Breathes Life Into Forum Doctrine
September 2003
Many commentators have suggested the Forum Non Conveniens doctrine is, for all intents and purposes, dead in the Illinois courts. Indeed, many defense lawyers in St. Clair and Madison Counties do not even file Motions to Transfer because they believe the chances of success are so slim. In Angelopolous v. GlaxoSmithKline, Fox Galvin attorneys took a different approach.

Marguerite Angelopolous allegedly suffered serious injuries after taking an over-the-counter medication containing the ingredient PPA. She elected to file suit in St. Clair County, Illinois. She did this despite the fact that her residence, the place of purchase of the product, the location of all her treating physicians, and the residence of all her disclosed witnesses was in either Lake County or Cook County, Illinois.

Along with supervising counsel, Fox Galvin attorneys John Galvin and Mike Downey filed a Motion to Transfer based on Forum Non Conveniens, noting that none of the contacts in the case were in St. Clair County. The Circuit Court denied the Motion, and the 5th District Appellate Court took the case on an interlocutory appeal.

In reversing the Circuit Court, the Appellate Court noted that the plaintiffs’ choice of forum must be given deference, and that the defendant bears the burden of showing the factors in the case weigh strongly in favor of transfer. Nevertheless, the Court found the complete absence of factors connecting the case to St. Clair County mandated transfer, and remanded the case with orders that it be transferred to Lake or Cook County.

Landmark Decision Entitling Defendants To Jury Trials in Jones Act Cases Obtained
July 2003
Ron Fox and Greg Erickson, in representing a marine client, recently won a landmark appeal in the Illinois Court of Appeals for the Fourth District. Plaintiff filed suit alleging he was a Jones Act seaman who suffered injury, but no jury demand was made by the plaintiff. On behalf of its client, Fox Galvin demanded a jury, but the trial court struck the defendant’s jury demand citing numerous decisions from the Illinois Court of Appeals for the Fifth District. Those Fifth District decisions, handed down over the last five years, hold that only the plaintiff in a Jones Act case can elect to have the case tried to a jury and that the defendant has no such right. Fox Galvin obtained a ruling from the trial court that the issue of the defendant’s jury trial right should be certified for immediate appellate review. After briefing and oral argument, the Fourth District handed down a decision ruling that, under the Jones Act, the defendant/employer has a right to a jury trial equal to that of the plaintiff. In so ruling, the Court interpreted the Jones Act as argued by Fox and Erickson. "This is the most significant decision for Illinois maritime employers in the last twenty years," said a senior maritime attorney from a large respected firm in St. Louis. This holding by the Fourth District is in conflict with the decisions of the Fifth District. Such conflict is typically the basis for review of an issue by the Illinois Supreme Court, and it is believed that the defendant’s jury trial right will now be reviewed by the Illinois Supreme Court. A favorable ruling by the Illinois Supreme Court could have the effect of overturning numerous decisions by the Fifth District, which has had a very severe impact on maritime employers in southern Illinois. "We welcome the opportunity to lead the charge for the marine industry and affect positive change for marine employers sued in southern Illinois," said Ron Fox. For more information on this, contact Ron Fox or Greg Erickson.

Fox Galvin Leads St. Louis Maritime Law Seminar
May 2003
On May 19, 2003, the Bar Association of Metropolitan St. Louis sponsored an all day Admiralty Law Seminar. The program was organized by Fox Galvin attorneys Ron Fox (Chair of the BAMSL Admiralty Committee), Steve Niemira, Greg Erickson, Ray Flojo, and paralegal Denise Conway. The program featured presentations and panel discussions on a wide range of admiralty issues, and featured the insights of numerous practitioners, judges, industry representatives, insurers, and Coast Guard officials. The program was moderated by Ron Fox. One of the featured speakers was Fox Galvin’s Steve Niemira, who presented a paper (The Impact of Insurance Insolvency) discussing issues surrounding the insolvency of insurance carriers. The program was attended by attorneys, industry, and insurance representatives from Missouri, Illinois, Kentucky, Texas, and Ohio.

Summary Judgment Granted in Medical Negligence Case
April 2003
Tom Smith and Lindsay Rakers recently won a Summary Judgment Motion in favor of St. Louis Children's Hospital. The Plaintiff had filed suit in the City of St. Louis, alleging personnel at the Emergency Room at St. Louis Children's Hospital failed to diagnose and properly treat a tooth fragment lodged in plaintiff's lip. The depositions of both of Plaintiff’s disclosed experts were taken and no negative opinions were rendered against St. Louis Children's Hospital. Plaintiff claimed the doctrine of Res Ispa Loquitur applied, thus relieving him of his duty to produce expert witness testimony. Tom Smith and Lindsay Rakers filed a Motion for Summary Judgment arguing the doctrine did not apply and that expert testimony was required to prove causation. The Court agreed and granted the Motion, thereby dismissing plaintiff's claims directed to St. Louis Children’s Hospital.

Ron Fox Demonstrates Trial Techniques in Defending a Product Manufacturer at the Association of Equipment Manufacturers Seminar
March 2003
Ron Fox demonstrated direct and cross examination of plaintiff and defense experts in a hypothetical product liability case involving a skid steer loader. The demonstration was part of a three day product safety seminar sponsored by the Association of Equipment Manufacturers. The trial demonstration was intended to show product engineers how their decisions during the product design and safety analysis process are evaluated in the context of a lawsuit and how their engineering decisions can be perceived by a jury. "Ron did a great job. It was both educational and entertaining," said Lance Hendrickson of the Gehl Company. Ron was asked to speak based on his extensive trial experience, including the handling of numerous product liability cases.

Contract Case Dismissed Under Eleventh Amendment
February 2003
Jon Garside and Steve Niemira recently won a dismissal in federal court in favor of the Pennsylvania Public School Employees Retirement System (PSERS). A local company sued PSERS for tortious interference with contract in the Eastern District of Missouri, pulling the agency into an ongoing lawsuit and seeking approximately $250,000 in damages. Jon filed a motion to dismiss based on the Eleventh Amendment to the United States Constitution, which prohibits suits against states brought in federal court. The motion argued that because PSERS is subject to substantial control by Pennsylvania and the state would be ultimately (albeit indirectly) liable for any judgment against it, PSERS should be considered an "arm" or alter ego of the state. The Court agreed, dismissing the claims against PSERS. In addition to getting its client out of the lawsuit prior to trial and most of the substantive discovery, Fox Galvin won a valuable precedent for future litigation against PSERS and other state agencies.

Mike Downey to Teach Ethics Course at Washington University
January 2003
Mike Downey has agreed to teach "Practical Ethics for Civil Litigation" at the Washington University School of Law. Mike has been an adjunct professor at Washington University for three years and in the past has taught a course introducing foreign lawyers to the U.S. legal system.

Suzanne Galvin to Speak Regarding Privacy Issues in Litigation
January 2003
Suzanne Galvin has been invited to speak at the Medical Records & Privacy Issues seminar hosted by Medical Educational Services. The seminar is to occur on March 25, 2003 in St. Louis, Missouri. Suzanne will address Access to Minors’ Records, Responding to Subpoenas and Court Orders, and the role of Medical Records in Litigation. This marks the 9^th consecutive year she has spoken on medical records issues on behalf of Medical Educational Services.

< See 2002 News Archive >