MRSB News

Understanding the "vacancy” provisions in your building insurance policy

The recent decision in Oakdale Mall Associates vs. Cincinnati Insurance Company, 702 F3d 1119 (8th Cir. 2013) reminds landlords to check their insurance coverage, especially for vacant buildings. Oakdale shows that determining whether your building is vacant is a technical task. “Vacancy” may permit your insurance carrier to assert reduced covera...

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...