Latest News & Results

United States Supreme Court clarifies procedure in "core" bankruptcy matters that are outside the jurisdiction of bankruptcy courts

On June 9, 2014, the United States Supreme Court issued a unanimous opinion clarifying the procedure to be followed in a "Stern" case, a case involving a matter which Congress classified as within a Bankruptcy Court's "Core" jurisdiction, but which the Constitution does not permit to be decided by a non-Article III judge. The Court held the appropriate procedure in such a case is for the Bankruptcy Court to submit proposed findings of fact and conclusions of law, for the District Court to consider de novo and render judgment.
McDowell Rice announces the addition of Ania Wlodek Moncrief as an Associate

McDowell Rice Smith & Buchanan PC announced that Ania Wlodek Moncrief has joined the Firm as an Associate and will practice in the Firm’s Litigation & Dispute Resolution Group.

Prior to joining McDowell Rice, Ms. Moncrief served as a law clerk for several of the judges of the District Court of Johnson County, Kansas.
McDowell Rice successfully defends two appeals in dissolution of marriage action

McDowell Rice successfully defended two appeals in a dissolution of marriage action. The first appeal centered around the Platte County, Missouri Circuit Court’s classification of a business entity as marital property and award of $2,750,000 in equity from the business entity to our client.
Hugh Marshall, Jim Daniels and Mike Gorman obtain confidential settlement in a case alleging fraud, conspiracy and aiding and abetting fraud against borrower’s prior lender

Hugh Marshall, Jim Daniels and Mike Gorman recovered for Client bank a confidential settlement from Defendant on allegations of fraud, conspiracy and aiding and abetting fraud. A borrower who had defaulted on a multi-million dollar loan confessed that he never owned any of the collateral he had pledged to secure Client bank’s loan.
Missouri Supreme Court changes causation standard in workers’ compensation retaliation cases

Missouri law previously required that to recover for retaliatory discharge based on the filing of a workers’ compensation claim, the terminated employee must show that the work comp claim was the “exclusive cause” for his or her discharge. In other words, the employee had to prove that the work comp claim was the only reason for the alleged retaliatory discharge. The employer’s proof of any other valid reason for termination generally defeated the employee’s retaliatory discharge discrimination claim.
Blogger Beware: Social Media Usage and Implications on Potential or Pending Litigation

The Merriam-Webster Dictionary defines social media as, “forms of electronic communication through which users create online communities to share information, ideas, personal messages, and other content.”
Greg Spies obtains a temporary restraining order

McDowell Rice obtained a temporary restraining order in Johnson County District Court preserving the court’s jurisdiction and restraining the defendants and their two international law firms from pursuing a temporary restraining order in a later filed Georgia state court action seeking to prohibit McDowell Rice's client from enforcing its contract in the pending Kansas action.
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 coverages or deny claim payment altogether. The terms of your insurance policy control whether “vacant” buildings are covered. You must understand the policy’s definition of “vacant”.
McDowell Rice Smith & Buchanan Announces 2014 Executive Board Members

At its 2014 Annual Meeting, McDowell Rice Smith & Buchanan, P.C., announced the re-election of R. Pete Smith as Chairman, Thomas R. Buchanan as President, Kristie Remster Orme as General Counsel, and Louis J. Wade.
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.

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