McDowell Rice Smith & Buchanan, PC is pleased to announce the recent addition of Michaela N. Marine, Shoshana H. Margolies, and Jacob S. Margolies as associates of the firm.

Michaela Marine practices in the area of family law. She graduated from Washburn University School of Law with a J.D. in May 2015 and the University of Tulsa with a B.A. in psychology and Spanish in May 2012.

Shoshana Margolies practices in the areas of bankruptcy, workouts and financial restructuring; corporate and business transactions; creditor’s rights and remedies; litigation and dispute resolution; and real estate Law. She graduated from DePaul University College of Law with a J.D. in May 2020 and the University of Michigan with a B.A. in history and international studies in April 2017 and received university honors.

Jacob Margolies practices in the areas of bankruptcy, workouts & financial restructuring; corporate & business transactions; litigation & dispute resolution; and trust and estate planning. He graduated from the University of Wisconsin Law School with a Juris Doctor in May 2021 and the University of Michigan with a Bachelor of Arts in History and English in April 2018 and received university honors.

Kristie Orme of 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 1, 2021 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 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 2004 settlement payments to MSA states and territories, including Iowa. This is the second, consecutive victory for the State of Iowa in this lengthy dispute with the first favorable decision being issued on September 11, 2013. For more information, see: https://www.iowaattorneygeneral.gov/newsroom/national-arbitration-panel-once-again-backs-iowa-in-tobacco-payment-dispute/

McDowell Rice Smith & Buchanan is pleased to announce that Missouri Lawyers Media has named Rebecca Martin to its 2021 POWER List in Missouri Tax Law. The full Missouri Lawyers Media POWER list, which profiles the state’s most powerful attorneys in tax law, will be published in April 2021.

McDowell Rice Smith & Buchanan is pleased to announce that Missouri Lawyers Media has named Susan Saper Galamba and Tiffany A. McFarland to its 2020 POWER 30 List in Family Law Attorneys. The full Missouri Lawyers Media POWER 30 list, which profiles 30 of the state’s most powerful attorneys in family law, was published in December 2020 and is available here (subscriber login required): Missouri Lawyers Media POWER 30 Family Law List: https://molawyersmedia.com/2020/12/28/the-power-list-family-law/.

We congratulate Pete Smith on being honored by The Missouri Bar at its virtual Annual Meeting on September 16, 2020, as one of this years “2020 Senior Counselors”. To achieve the honor of “Senior Counselor,” a lawyer must reach the age of 75 or have been admitted to The Missouri Bar for 50 years.

Congratulations to the following McDowell Rice Smith & Buchanan lawyers who have been selected to the 2020 Missouri and Kansas Super Lawyers® and Rising Stars® Lists in their primary practice area. The announcement will appear in the 2020 Super Lawyers® Magazine for Missouri & Kansas, published November 16, 2020:

Super Lawyers® List:

Jason L. Buchanan – Construction Litigation
Thomas R. Buchanan – Construction Litigation
Susan Saper Galamba – Family Law
Adam J. Gasper – Business Litigation
Michael J. Gorman – Business Litigation
Robert D. Maher – Creditor Debtor Rights
Jonathan A. Margolies – Bankruptcy: Business
Tiffany A. McFarland – Family Law
Kristie Remster Orme – Business Litigation
Colby L. Rieke – Family Law
R. Pete Smith – Business Litigation
Greg T. Spies – Business Litigation
Louis J. Wade – Civil Litigation Defense

Rising Stars® List:

Patrick C. Guinness – Construction Litigation

McDowell Rice Smith & Buchanan lawyers are versatile and tenacious advocates. They focus on efficiently solving business and financial issues through skillful negotiation and litigation and getting the best results for their clients.
McDowell Rice has long been known for its expertise in litigation and dispute resolution; banking and financial services; bankruptcy, workouts and financial restructuring; construction and architect/engineer law; corporate and business transactions; high-net-worth dissolutions of marriage and complex matters related to family law; real estate law; tax law; and wills, trusts and estate planning. Known in the legal community for their independent and entrepreneurial spirit, the firm’s attorneys have a long-standing reputation as one of the select go-to firms for businesses in difficult times. McDowell Rice attorneys practice nationwide and regularly appear in state and federal jurisdictions throughout the country.

Congratulations to Pete Smith for being recognized as one of the 2020 Ingram’s 250 most powerful and influential business leaders in Greater Kansas City. Mr. Smith has been included in the Ingram’s 250 since its inception. The firm thanks Mr. Smith for his leadership, insight, and the many contributions he has made to the Greater Kansas City and legal communities. Please see link. The 2020 Ingram’s 250

Consumer Plaintiff and her national consumer counsel sued our client alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Telephone Consumer Protection Act. After several months, plaintiff voluntarily dismissed her claim under the TCPA. Following written discovery and depositions, we moved to exclude the opinions of plaintiff’s expert witnesses, and then moved for summary judgment on plaintiff’s remaining claims.

The trial court substantially granted our Daubert motion to exclude the testimony of plaintiff’s experts on damages and liability. Importantly, the trial court excluded plaintiff’s expert testimony regarding hedonic (“reduction in value of life”) damages, which the expert valued at $340,097 to $972,065. Cramer v. Equifax Info. Servs., 2019 WL 4468945 (E.D. Mo. 2019). This ruling dramatically reduced the damages plaintiff sought by expert testimony, from almost $1 million down to $14,881.

The trial court granted our motion for summary judgment in its entirety. Cramer v. Equifax Info. Servs., 2019 WL 5188942 (E.D. Mo. 2019). The trial court then reaffirmed that decision by denying plaintiff’s motion to alter or amend the judgment. Cramer v. Equifax Info. Servs., 2020 WL 376289 (E.D. Mo. 2020).

After obtaining judgment as a matter of law for our client on all of plaintiff’s claims, the trial awarded our client costs in the amount of $10,406.97. Cramer v. Equifax Info. Servs., 2020 WL 887996 (E.D. Mo. 2020).

Plaintiff appealed the decisions granting summary judgment, refusing to alter or amend the judgment, and awarding costs. Prior to Plaintiff filing her brief, the parties settled, resulting in payment to our client.

For additional information regarding creditor’s rights, please contact Louis J. Wade (Co-Chair), or Ania W. Moncrief, of the Creditor’s Rights & Remedies Practice Area.

Case # 1 - Lou Wade

Consumer plaintiff filed suit, asserting a class action against our collection-agency client, in federal court in St. Louis. We obtained a ruling dismissing the case in its entirety.

After Plaintiff failed to pay his debt to AT&T, the creditor referred the bill to our client, who sent a letter stating, in part, “I INTEND TO REPORT THIS ACCOUNT ON YOUR CREDIT HISTORY AFTER 30 DAYS OF YOU RECEIVING THIS NOTICE.” The letter also said, “IF YOU ARE NOT PAYING THIS ACCOUNT IN FULL, CONTACT YOUR ATTORNEY REGARDING OUR POTENTIAL REMEDIES, AND YOUR POTENTIAL DEFENSES, OR CALL xxx-xxx-xxxx.
The putative class-action complaint alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the Missouri Merchandising Practices Act (MMPA).

In granting our Motion to Dismiss, or in the alternative for Judgment on the Pleadings, the court found that the letter complied with the FDCPA because it neither improperly overshadowed nor mislead the consumer regarding his rights. The court rejected plaintiff’s claim that the letter made a threat of imminent suit and overshadowed his FDCPA rights. Finally, the court found no deception, fraud, or other violation of the MMPA. 
Hanford v. Franklin Collection Services, Inc., 2018 WL 2129612 (E. D. Mo. May 9, 2018). 

Case # 2 – Lou Wade and Ania Moncrief

Consumer plaintiff filed suit against our collection-agency client, in Kansas federal court. We obtained a ruling dismissing the case in its entirety and though granting Plaintiff’s motion for leave to amend, Plaintiff recognized the futility, and declined to do so.

After Plaintiff failed to pay his debt to AT&T, the creditor referred the bill to our client, who sent a letter stating, in part, “IF YOU ARE NOT PAYING THIS ACCOUNT IN FULL, CONTACT YOUR ATTORNEY REGARDING OUR POTENTIAL REMEDIES, AND YOUR POTENTIAL DEFENSES, OR CALL xxx-xxx-xxxx.
The complaint alleged violations of the Fair Debt Collection Practices Act (FDCPA), primarily for making a false threat of imminent suit.

In granting our Motion to Dismiss, or in the alternative for Judgment on the Pleadings, the court found that the letter complied with the FDCPA because nothing in the letter threatened an imminent or pending lawsuit. Recognizing the impending loss, Plaintiff asked for leave to amend, to claim that the letter falsely stated an intent to credit report. Based on the timing, the court found the Complaint asserted no claim, but allowed Plaintiff the opportunity to amend, if Plaintiff could allege, in good faith, a lack of intent to credit report. Plaintiff declined to amend, allowing the dismissal. As a result, dismissal stands as the final ruling. 
Covington v. Franklin Collection Services, Inc., 2016 WL 4159731 (D. Kan. Aug. 5, 2016). 

For additional information regarding creditor’s rights, please contact Louis J. Wade (Co-Chair), or Ania W. Moncrief, of the Creditor’s Rights & Remedies Practice Area.

COVID-19 Update

McDowell Rice will continue to serve our clients’ legal needs through the evolving coronavirus (COVID-19) challenges. We remain committed to providing the same excellent legal counsel and client service we strive to deliver every day.

During the COVID-19 crisis, you may have more legal questions and concerns than ever. McDowell Rice is here to help you. You can reach us by phone (816-753-5400) or email as always. Our technology allows remote work with full access to resources used to advise clients.

McDowell Rice is carefully monitoring the ongoing COVID-19 developments. This page will contain alerts and updates related to the virus and any impact on businesses. The laws are currently changing and evolving each day.

For more than 70 years, our priority has been to work hard for our clients to help them run their businesses, operate their banks and navigate the complexity of their individual situations. The challenges we all face now are complex and we remain committed to that priority, especially when our clients need us most.

-Kristie Remster Orme, President

COVID-19 Task Force

R. Pete Smith, Chairman
Kristie Remster Orme, President
Ronald S. Bronstein
Adam Gasper
Michael Gorman
Scott Long
Robert D. Maher
Rebecca Martin

Links

CDC: https://www.cdc.gov/coronavirus/2019-ncov/
Families First Coronavirus Response Act (“FFCRA”) Employer Paid Leave Requirements: ​https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave
Federal Government Response to COVID-19: https://www.usa.gov/coronavirus
Kansas City, Missouri Department of Health Updates: https://www.kcmo.gov/city-hall/departments/health/coronavirus
Kansas Department of Health and Environment Updates: https://govstatus.egov.com/coronavirus
IRS: https://www.irs.gov/coronavirus
Missouri Department of Health and Senior Services Updates: https://health.mo.gov/living/healthcondiseases/communicable/novel-coronavirus/
OSHA: https://www.osha.gov/Publications/OSHA3990.pdf
Payroll Protection Program (“PPP”) SBA Loans: ;https://www.sba.gov/funding-programs/loans/paycheck-protection-program-ppp
U.S. Chamber of Commerce: https://www.uschamber.com/coronavirus-response-toolkit
U.S. Department of Labor COVID-19 Information: https://www.dol.gov/agencies/whd/pandemic
U.S. Department of Labor FMLA Guidance: https://www.dol.gov/agencies/whd​/fmla/pandemic
U.S. Department of Labor Information Regarding the Families First Coronavirus Response Act (FFCRA): https://www.dol.gov/agencies/whd/ffcra
US Treasury Updates Guidance on PPP Program (April 6, 2020): https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequenty-Asked-Questions.pdf
WHO: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/events-as-they-happen