Latest News & Results

  • Mike Gorman wins $1.2 million Summary Judgment for Floor Plan Lender in New York Federal Court “Out of Trust” case

    Lender floor planned an auto dealer in New York. Dealer sold cars out of trust and diverted $1.2 million of vehicle proceeds to personal use. Floor Plan Lender, represented by Gorman, sued Dealer in New York Federal Court for Replevin and Breach of Contract, and sued Dealer’s Guarantors for Breach of Contract.

  • Super Lawyers 2013 Annual List

    Congratulations to the following attorneys who have been selected to the 2013 Missouri & Kansas Super Lawyers List in their primary practice area, and are featured in the 2013 Super Lawyers Magazine for Missouri & Kansas:

  • 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 1998 between the tobacco companies and 46 states, including Iowa.

  • Important change to Missouri Commercial Credit Agreement Statute

    Effective August 28, 2013, the Missouri statute relating to commercial credit agreements, Section 432.047, has been changed to add the requirement that any credit agreements must be executed by both the debtor and the lender.

  • 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 at approximately $79,000 by virtue of the limitation of liability provision. The parties subsequently settled the case for the limitation amount.

  • 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 2013 to Judge Sutherland in Johnson County District Court.

  • $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 Alexander in Clay County Circuit Court.

  • 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, 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.

  • McDowell Rice Smith & Buchanan - Ingrams Best Companies to Work For

    McDowell Rice Smith & Buchanan is distinguished as a Winner (Small Company category) in Ingram's 2013 "Best Companies to Work For" competition.



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