MRSB News
McDowell Rice Smith & Buchanan announces the addition of Scott A. Long as a Shareholder
McDowell Rice Smith & Buchanan announces the addition of Scott A. Long as a Shareholder. Mr. Long’s practice areas include: Banking & Financial Services, Corporate & Business Transactions, and Real Estate Law. Mr. Long brings more than 25 years of experience and represents clients in all aspects of real estate, lending, general corporate and b...Rebecca Martin achieves offer in compromise success
During 2013, Rebecca filed Offers in Compromises for taxpayers which were accepted by the IRS compro...Rob Maher and Kristie Orme obtain $1.9 million judgment for bank against borrower
After filing suit on behalf of a bank client against a borrower and a number of other lienholders for default under a commercial loan, Rob Maher and Kristie Orme successfully obtained summary judgment against the borrower and the junior lienholders for all amounts owed under the loan documents plus attorneys' fees and costs. The borrower and a juni...The Midwest Innocence Project elects R. Pete Smith as President and announces relocation to Plaza’s historic Skelly Building
FOR IMMEDIATE RELEASE KANSAS CITY, Missouri (October 21, 2013) – The Midwest Innocence Project (MIP) announced that R. Pete Smith was elected President of the not-for-profit corporation. Mr. Smith is the Chairman and Senior Partner of McDowell, Rice, Smith & Buchanan, P.C., where he has worked for 49 years. He graduated from the University of Mi...National arbitration panel backs State of Iowa in tobacco payment dispute
McDowell Rice served as co-counsel for the State of Iowa in a national arbitration in which a three-member panel comprised of former Article III judges unanimously ruled on September 11, 2013 that the State of Iowa “diligently enforced” state laws against tobacco companies that did not sign the $206 billion, 25-year Master Settlement Agreement in 1...Successful enforcement of limitation of liability clause
Another McDowell Rice client succeeded in enforcing a contractual limitation of liability provision against a school district in a construction defect pending in Lake County, Illinois. The court granted partial summary judgment on an unsigned but fully-performed contract, holding that the plaintiff’s claims, which exceeded $3 million, were capped a...Summary judgment granted in favor of bank
Summary judgment was entered in favor of McDowell Rice’s bank client in a guaranty enforcement and mortgage foreclosure action where mortgagor asserted lack of consideration, unconscionability and an Equal Credit Opportunity Act violation as affirmative defenses. Kristie Orme served as lead counsel for the bank as the motions were presented in July...$2.3 million summary judgment granted in favor of bank
Summary judgment was entered in favor of McDowell Rice’s bank client and against borrower and guarantor on all claims in the bank’s Petition to Enforce Notes, Guaranty, Security Interest and for Replevin for amounts due totaling in excess of $2.3 Million. Kristie Orme was lead counsel for the bank as the motion was presented in July 2013 to Judge A...Summary judgment victory in tortious interference case
McDowell Rice’s client was successful in defeating Defendant’s motion for summary judgment arguing that Plaintiff’s claims for tortious interference were barred as compulsory counterclaims, by collateral estoppel and because Plaintiffs could not prove their claims because Defendant’s communications were legally justified. In addition, McDowell, Ric...Mike Gorman wins summary judgment in Missouri State Court wrongful termination case
In January 2010, Mike Gorman won summary judgment in favor of the defendants in a wrongful termination (whistleblower) lawsuit filed in Missouri state court. Plaintiff was hired to start and run a new business operation for a closely held company, in a business where he claimed vast experience. After plaintiff failed to attract a single paying c...McDowell Rice Smith & Buchanan announces the addition of Scott A. Long as a Shareholder. Mr. Long’s practice areas include: Banking & Financial Services, Corporate & Business Transactions, and Real Estate Law.
Mr. Long brings more than 25 years of experience and represents clients in all aspects of real estate, lending, general corporate and business transactional law, including acquisitions, ownership structuring, entity formation and the sale, leasing, development, financing, construction and management of projects. Complimenting his real estate practice, he has extensive experience in lending and finance – including new markets, historic and other tax credit and public incentive financing.
Mr. Long earned his J.D. from Hamline University and his B.S. from Kansas State University. He is admitted to the Missouri and Kansas Bars. He is a member of the Kansas City Metropolitan Bar Association, the Kansas Bar Association, The Missouri Bar and the American Bar Association.
During 2013, Rebecca filed Offers in Compromises for taxpayers which were accepted by the IRS compromising over $3.5 million in liabilities. Of the Offers in Compromises accepted, three were accepted under effective tax administration / public policy criteria.
After filing suit on behalf of a bank client against a borrower and a number of other lienholders for default under a commercial loan, Rob Maher and Kristie Orme successfully obtained summary judgment against the borrower and the junior lienholders for all amounts owed under the loan documents plus attorneys' fees and costs. The borrower and a junior lienholder opposed the bank's summary judgment motion on various legal grounds. Summary judgment was entered in favor of the bank for over $1.9 million.
FOR IMMEDIATE RELEASE
KANSAS CITY, Missouri (October 21, 2013) – The Midwest Innocence Project (MIP) announced that R. Pete Smith was elected President of the not-for-profit corporation. Mr. Smith is the Chairman and Senior Partner of McDowell, Rice, Smith & Buchanan, P.C., where he has worked for 49 years. He graduated from the University of Missouri-Kansas City School of Law, where he was first in his class and Editor-in-Chief of the Law Review. He has been listed in The Best Lawyers in America for over 20 years and in 2010 was honored as Dean of the Trial Bar by the Kansas City Metropolitan Bar Association. Mr. Smith has devoted substantial time to the Midwest Innocence Project serving on its Board of Directors, and was most recently the Honorary Co-Chair of its 2013 “Faces of Innocence” annual fund raising event.
The Midwest Innocence Project is dedicated to the investigation, litigation and exoneration of wrongfully convicted men and women in a six-state region including Missouri, Kansas, Iowa, Nebraska, Oklahoma and Arkansas. MIP provides pro bono investigative and legal assistance to prisoners with persuasive actual innocence claims, whether or not DNA evidence is available. MIP provides training for law students who assist with investigation and litigation of wrongful conviction claims.
The Midwest Innocence Project was founded a decade ago through the University of Missouri-Kansas City School of Law and is part of the National Innocence Network. On December 1, 2013, MIP will relocate to its own offices on the second floor of the Plaza’s historic Skelly Building, 605 W. 47th Street, Kansas City, Mo. 64112.
Contact:
Sherry Newsom
snewsom@mcdowellrice.com
(816) 753-5400
McDowell Rice served as co-counsel for the State of Iowa in a national arbitration in which a three-member panel comprised of former Article III judges unanimously ruled on September 11, 2013 that the State of Iowa “diligently enforced” state laws against tobacco companies that did not sign the $206 billion, 25-year Master Settlement Agreement in 1998 between the tobacco companies and 46 states, including Iowa. The decision is a significant legal victory of the state in a years-long dispute with major tobacco companies that have withheld a significant portion of their 2003 settlement payments to the MSA states and territories, including Iowa. Kristie Orme represented the State of Iowa, along with Roger Stone of Cedar Rapids, Iowa.
Another McDowell Rice client succeeded in enforcing a contractual limitation of liability provision against a school district in a construction defect pending in Lake County, Illinois. The court granted partial summary judgment on an unsigned but fully-performed contract, holding that the plaintiff’s claims, which exceeded $3 million, were capped at approximately $79,000 by virtue of the limitation of liability provision. The parties subsequently settled the case for the limitation amount. Tom Buchanan was lead counsel; Jason Buchanan wrote the briefs; and Linda McFee argued the motion before the Illinois state court. The decision was issued on June 25, 2013.
Summary judgment was entered in favor of McDowell Rice’s bank client in a guaranty enforcement and mortgage foreclosure action where mortgagor asserted lack of consideration, unconscionability and an Equal Credit Opportunity Act violation as affirmative defenses. Kristie Orme served as lead counsel for the bank as the motions were presented in July 2013 to Judge Sutherland in Johnson County District Court.
Summary judgment was entered in favor of McDowell Rice’s bank client and against borrower and guarantor on all claims in the bank’s Petition to Enforce Notes, Guaranty, Security Interest and for Replevin for amounts due totaling in excess of $2.3 Million. Kristie Orme was lead counsel for the bank as the motion was presented in July 2013 to Judge Alexander in Clay County Circuit Court.
McDowell Rice’s client was successful in defeating Defendant’s motion for summary judgment arguing that Plaintiff’s claims for tortious interference were barred as compulsory counterclaims, by collateral estoppel and because Plaintiffs could not prove their claims because Defendant’s communications were legally justified. In addition, McDowell, Rice’s client was also granted summary judgment on Defendant’s counterclaims, which the Court ruled were barred by res judicata. Plaintiff’s claims will now proceed to trial. Kristie Orme was lead counsel as the motions were argued at a July 8, 2013 hearing before Judge Hauber in Johnson County District Court.
In January 2010, Mike Gorman won summary judgment in favor of the defendants in a wrongful termination (whistleblower) lawsuit filed in Missouri state court.
Plaintiff was hired to start and run a new business operation for a closely held company, in a business where he claimed vast experience. After plaintiff failed to attract a single paying customer, the company terminated him. After termination, plaintiff sued for wrongful termination under the public policy exception to Missouri's employment at will doctrine. Plaintiff claimed that while employed, he reported illegal activities to the principals of the company (who plaintiff said carried out the the illegal activities), and that he was fired for that reason. He also claimed to have reported the alleged illegal activity to the government, after termination. Defendants denied that plaintiff reported any illegal activity to them, and denied that any illegal acts occurred.
Plaintiff's deposition testimony mirrored his petition regarding his claimed reports of illegal activity. Defendants' summary judgment motion argued that under Missouri law, plaintiff's reports to the alleged wrongdoers while employed, and his alleged reports to the government post termination, did not qualify him as a whistleblower. This is because such reports did not serve to deter or stop the claimed illegal activity. Plaintiff argued for an extension of Missouri law, saying that plaintiff had no one else to whom he could report. Defendants responded that plaintiff could have reported to the government pre termination, but did not. Jack Dunbar assisted Mike Gorman with the research for the summary judgment motion. The summary judgment undisputed facts consisted solely of plaintiff's admissions at deposition.
After the argument on the summary judgment motion, defendants filed a proposed judgment with the court, which included detailed findings of fact and conclusions of law. Plaintiff countered with a motion for leave to amend his petition, and a motion for a continuance. After argument, the court denied both of plaintiff's motions (the case had been on file since 2007).
A few days later, the court entered summary judgment in favor of the defendants, finding that even if plaintiff's allegations were true, he did not qualify as a whistleblower under Missouri law.