Jason Buchanan has been elected President of the Board for EPEC, which is a nonprofit program. 

EPEC means Empowering Parents which will Empower and improve the lives of their Children.  EPEC starts with the need for a living wage and teaches the parents admitted a trade enabling them to transition off welfare through a living wage.  Studies show that lessening financial stress creates the potential for an improved family environment and increases the likelihood that their children will achieve success. The trade taught is one identified a marketable and transferable skill set that allows them to earn a living wage and provides flexibility required to care for their children.  Based on market research on demand, EPEC’s pilot program teaches animal grooming which pays well, is in high demand in the Kansas City area, and yet the nearest grooming school is 3 hours away.

Moreover, EPEC’s parenting program teaches students the importance of active parenting, higher education, nutrition, coping skills and resources.  The parenting program teaches parents how to identify and regulate their emotions and identify and moderate their child’s emotions. EPEC uses the Love and Logic parenting program and utilizes guest speakers to teach and support parents with their most important job — raising their children and advocating for higher education.  EPEC teaches participants how to choose quality childcare and schools on a limited budget.  EPEC teaches budgeting, health and wellness, and professionalism in the work place.  Finally, in an effort to meet the family’s other needs, EPEC partners with organizations for childcare and housing.

Meadowbrook Environmental Testing Finds No Damage From Herbicides 

[Reprint:  Prairie Village Post, April 5, 2016 – Thomas R. Buchanan referenced]

Extensive environmental testing on the Meadowbrook land set to become a new public park revealed no problematic toxin levels associated with the use of herbicides, pesticides or fungicides on the former golf course land, but did find an area of approximately one-third of an acre likely contaminated by a gas spill.
Johnson County Park and Recreation District and VanTrust Real Estate conducted environmental testing totaling approximately $180,000, according to attorney Tom Buchanan of McDowell Rice Smith & Buchanan, who represented the parks district in the matter.
“The environmental assessment that was done was the most complete you would ever find for a transaction on a comparable piece of property in Johnson County,” Buchanan said. “Johnson County Parks and Rec took to heart the reticence expressed by members of Prairie Village’s governing body…about potential risks associated with golf courses.”
Soil testing throughout the property combined with silt testing from the ponds on the property revealed no problematic toxin levels associated with herbicides and pesticides frequently used on golf course greens.
The study did, however, find a patch of soil near an old maintenance shed where mowing equipment and storage tanks were located that showed signs of hydrocarbon contamination — likely from spilled gas. That area is located to the west of the southernmost retention pond, far from the most concentrated swath of parkland on the northern part of the property.
To remove the contamination, crews will dig up dirt over the area affected by the gas spill and replace it will fresh soil.
Buchanan stressed that both the parks district and VanTrust had gone above and beyond to provide a clear picture of the environmental status of the property.
“A $180,000 expenditure on this exploration is an extraordinary level to try to make sure that the public interest in getting a clean park that is safe for use is met,” Buchanan said.
Johnson County Park and Recreation District Executive Director Jill Geller said the county had been satisfied with the findings and was eager to move through with the closing of the deal.
“Of the 80-plus acres we will be acquiring, there remains a very small piece of property requiring remediation,” said Jill Geller. “Overall this is a very clean piece of land.”

Adam Gasper recently persuaded federal judge, Hon. Brian C. Wimes, to issue an injunction requiring a Colorado company to ship more than $325,000 of product to their local client, a long-time distributor of commercial and industrial tools and building materials.  The parties had a 25-year distributorship relationship that had recently deteriorated.  The defendant purported to terminate the relationship and refused to honor the client’s pending purchase orders.  Given that the client had less than 30 days to try to obtain similar cover product, Mr. Gasper filed suit in Jackson County (then removed to the Western District) asserting various contract and tort claims and requesting extraordinary relief.  The court granted their request for TRO and injunctive relief ruling that an injunction was appropriate to compel the Colorado company to ship inventory per previously placed purchase orders to preserve the status quo between the parties.  Judge Wimes found irreparable harm in that “[a]bsent specific performance, Plaintiff has demonstrated that it will be unable to fulfill orders and suffer damage to its reputation and goodwill.”  The judge ordered all such inventory be shipped immediately and did not require posting of a bond.  In an expedited timeframe, Mr. Gasper litigated multiple motions to dismiss by defendants, a motion for judgment on the pleadings, multiple injunction motions and hearings, a motion for clarification, and an opposition to voluntary dismissal of remaining claims.  The injunction ruling survived multiple collateral attacks by opposing counsel, and the case has now reached its conclusion.

KANSAS CITY, Missouri (February 1, 2016) – At its 2016 Annual Meeting, the Law Firm of McDowell Rice Smith & Buchanan, PC, announced that R. Pete Smith as Chairman, Thomas R. Buchanan as President, and Michael J. Gorman as General Counsel, will serve on the Firm’s Executive Board.

It was also announced that Ania W. Moncrief was elected as a Shareholder of the Firm.  

Contact:
Sherry Newsom
snewsom@mcdowellrice.com
(816) 753-5400

Plaintiff sued our client, a Buffalo, NY-based Defendant, on August 14, 2015 in Wyandotte County, Kansas. Plaintiff’s counsel located in Kansas City, KS frequently files similar claims. By November 6, 2015, Ania Moncrief obtained dismissal and judgment for their client. The Fair Debt Collection Practices Act (“FDCPA”) imposes strict liability upon debt collectors. Section 1692f(8) bars any symbol or language on the outside of an envelope to a debtor, other than the debt collector’s address or business name, and the name may only appear if it doesn’t indicate debt collection.

Collectors commonly assign a “file number” to accounts. Collectors commonly mail letter to debtors. Often, those letters travel in a “window” or “glassine” envelope. Sometimes, that file number shows through the “glassine window.” In Douglass v. Convergent Outsourcing, 765 F.3d 299 (3d Cir. 2014), the Third Circuit found appearance of a file number violated the prohibition under 1692f(8), and imposed strict liability on the collector. No other circuit decision addresses this issue.

Collectively, with the attorney that client hired us to defend, the case was strategically removed to federal court where judges often dismiss specious cases under FDCPA. Along with forwarding counsel, Ms. Moncrief filed a 12(b)(6) motion to dismiss, asserting two arguments. First, the statute created an absurdity – read strictly it would prevent a stamp. Second, the file number constitutes “benign” language, which disclosed nothing about debt collection. The Judge declined to follow Douglass, holding the benign language exception required dismissal. The court entered judgment for our client. Swift justice!

Adam Gasper represented a female client in a lawsuit brought under Title VII of the Civil Rights Act of 1964 which prohibits workplace discrimination. The client had two claims against her employer. She first claimed she was qualified for but did not receive a position because she is a woman. No woman had ever held the position. The client also claimed she did not receive an interview for a promotion into a management position in retaliation for complaining of differential treatment at the hands of her female supervisors. Client claimed that female supervisors treated her differently than both her male predecessor and other female employees.

The jury found in client’s favor on the retaliation claim, awarding $70,952 in damages for emotional distress. The Court will rule on client’s motion for attorney’s fees at a later date.

Paralegal Holly Yocum provided invaluable assistance to Mr. Gasper at trial.

FOR IMMEDIATE RELEASE

KANSAS CITY, MISSOURI (August 17, 2015) – McDowell Rice Smith & Buchanan PC, announced that Patrick C. Guinness has joined the Firm as an Associate.  

Mr. Guinness will practice in the Firm’s Litigation & Dispute Resolution Group and the Construction & Architect/Engineering Law Group.  He will primarily focus on construction, business and commercial litigation, representing corporate clients in a variety of legal matters, including commercial disputes, contract claims, employment disputes and construction defect claims.  Mr. Guinness represents both local and national clients in Missouri and Kansas and various jurisdictions across the country.

Mr. Guinness obtained his J.D. in 2011 from the University of Missouri-Kansas City and was a member of the staff of Law Review and Urban Lawyer.  He holds a B.A. from Rockhurst University and is admitted to practice in both Missouri and Kansas.

Contact:
Lisa Stoecklein
lisas@mcdowellrice.com
(816) 753-5400

# # #
 

The Kansas Tax Amnesty Program runs from September 1, 2015 through October 15, 2015.  Most types of taxes are included for tax periods ending on or before December 31, 2013. The Kansas Department of Revenue Amnesty website sets forth the eligibility requirements at:  http://www.ksrevenue.org/taxamnesty.html.

The Missouri Tax Amnesty Program runs from September 1, 2015 through November 30, 2015. Most types of taxes are included for unpaid taxes that were due on or before December 31, 2014.  The eligibility requirements and conditions are explained on the Missouri Department of Revenue website: http://dor.mo.gov/faq/amnesty.php.

Both amnesty programs provide opportunities to pay unpaid taxes without paying any interest and penalties. If collection costs for cases referred to outside collection agencies apply to Kansas taxes, the collection costs will be reduced to a percentage of the tax only balance.   

Missouri recently adopted a tax amnesty program that runs from September 1, 2015 to November 30, 2015. The program offers relief from the assessment or payment of all penalties, additions to tax, and interest with respect to unpaid Missouri taxes.  The amnesty applies only to tax liabilities due but unpaid on or before December 31, 2014. Missouri taxpayers under civil or criminal investigation for tax-related reasons are not eligible. To take advantage of the amnesty program, taxpayers must apply for amnesty, pay the taxes in full within the amnesty period, and agree to comply with Missouri tax laws for the next eight years from the date of the agreement.

Although the Missouri Department of Revenue has an offer in compromise program, the offer program has not been effectively administered to resolve Missouri tax liabilities based upon a hardship or inability to pay the full amount of the taxes, interest and penalties.  The tax amnesty program creates a small window of opportunity to compromise Missouri delinquencies for the payment of tax only.

Combining the Missouri amnesty program with the IRS “Fresh Start” initiatives and more favorable financial analysis in the IRS offer in compromise program can turn an otherwise hopeless situation of threatened and actual tax enforcement by both the State and the IRS into bright light at the end of the tunnel.  When the IRS grants an offer in compromise and the payments due under the offer are paid, the IRS releases any federal tax liens and the taxpayer must stay compliant for 5 years.  On March 25, 2015, the IRS Acting Director of Collection Policy issued interim guidance that notices of federal tax lien can actually be withdrawn, not just released, after payment of the accepted offer amount.  Withdrawal of the notice of federal tax lien removes it from public record and has the impact of restoring much of the damage the notice of federal tax lien did to a taxpayer’s credit rating.  Participation in the Missouri amnesty program will result in releases of the state tax liens, even though not as effective as a withdrawal, will improve the credit rating especially if combined with the withdrawal of the notice of federal tax lien.         

A commercial aircraft parts supplier was sued in federal court by a Florida-based aircraft parts broker concerning an allegedly defective aircraft auxiliary power unit purchased for a Mexican airline.   The broker sought recovery for breach of contract, and also brought various tort claims against the supplier, including allegations of negligent and fraudulent misrepresentation, and a claim under the Florida Deceptive and Unfair Trade Practices Act. The broker claimed damages in excess of $600,000, plus statutory penalties, punitive damages and recovery of attorneys’ fees. 

On behalf of the supplier, Smith and other Mcdowell Rice attorneys filed a Motion to Dismiss contending that Missouri’s Economic Loss Doctrine bars the brokers negligence and fraud based claims.  They also sought dismissal of the statutory consumer protection claim arguing that the Florida statute has no applicability to a transaction occurring outside the state of Florida, and a similar claim under Missouri’s Merchandising Practices Act would fail as this was a commercial, not consumer transaction.  The Court agreed, granting the Motion to Dismiss in its entirety, without leave to amend.