Colter Kennedy, a Washington University School of Law graduate, recently joined the Fox Galvin team. After law school, Colter worked for the Missouri Public Defender where he was the recipient of “Get in the Way of Injustice” Award for drafting and arguing outstanding legal motions. Later, Colter practiced at a large St. Louis defense firm. While in law school, Colter interned for the Honorable William G. Cobb of the United States District Court for the District of Nevada. Colter focuses his practice in the areas of maritime law, commercial litigation, insurance law, and premise liability.
Suzanne Galvin has been named Vice Chair of DRI Product Liability Hand and Power Tools Group. DRI (Defense Research Institute) is the leading organization of defense attorneys and in-house counsel. DRI, serving the defense bar for more than 50 years, hosts 29 substantive committees, including the Product Liability Hand and Power Tools Group, whose focus is to develop ongoing and critical dialogue about specific areas of practice and cutting edge trends in litigation. Membership in DRI provides access to resources and tools for attorneys who strive to provide high-quality, balanced and excellent service to their clients and corporations.
Some employers have their new hires sign an agreement saying that if a suit is filed by either party, it can only be filed in certain specified courts. Recently, a maritime employee filed suit in the City of St. Louis against Fox Galvin’s client where such a venue agreement existed. Plaintiff’s suit in the City of St. Louis violated the agreement as it was not an agreed to venue. A motion to dismiss was prepared, filed, and argued. The plaintiff’s attorney vehemently opposed the motion to dismiss, arguing that it was an unjust and unfair agreement which, though signed by the plaintiff, he never read. The court agreed with our position and granted the motion to dismiss finding that the venue agreement was proper and that none of the claims made by plaintiff were supported. The court went so far as to tell the plaintiff’s attorney that if suit was re-filed, it had to be filed in one of the two permissible venues identified in the agreement. In many cases, venue agreements can be very helpful to our clients as an effective risk management tool. If you believe a venue agreement might be an effective risk management tool for you or you have questions, please call Ron Fox at 314-588-7001 or email him at firstname.lastname@example.org.
Fox Galvin, 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 Galvin 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@foxgalvin.com.
John Galvin has been selected for inclusion in the 2019 Who’s Who Legal List for top product liability lawyers in the Life Sciences (Pharmaceutical and Biotechnology) sector. Only seven attorneys in the State of Missouri received this recognition.
Only those nominated and confirmed by WWL research are included. Nominees must have received at least four independent nominations from their clients and peers. WWL then conducts research and circulates preliminary lists of nominees to groups of private practitioners and corporate counsel with an interest in the area. Subsequent telephone and face-to-face interviews are conducted to refine the listing to a group who, by general agreement, are considered to be pre-eminent in the field.
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.