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Vivek Malik Awarded Up & Coming Class of 2010
Monday, August 23, 2010 - Vivek Malik was selected to the Up & Coming Class of 2010 by Missouri Lawyers Weekly. The award winners are recognized attorneys under 40 years old or in the first 10 years of their career.
Lashly & Baer Attorney Discusses Cyberbullying on KMOX Radio
Thursday, August 12, 2010 – Lisa O. Stump appeared on the Hancock and Kelly Show on KMOX Radio AM 1120 discussing cyberbullying, tips on handling a potentially harmful social media encounter, and the responsibility of teachers and schools. Listen to the KMOX interview by clicking here.
Vivek Malik Named 2010 Diverse Business Leader
Thursday, August 12, 2010 - Vivek Malik was named a 2010 Diverse Business Leader by the St. Louis Business Journal. The award winners were selected for promoting diversity around race, sexual orientation and disability.
Stark Law Refresher
Stuart J. Vogelsmeier submitted an article in the Healthcare Financial Management Association (HFMA) Greater St. Louis Chapter Summer 2010 Newsletter entitled "Stark Law Refresher." Click here to download a copy of the article or visit the HFMA Greater St. Louis Chapter website to view their Summer 2010 Newsletter.
Lashly & Baer Client Gets $215,000 Property Tax Refund
Thursday, July 15, 2010 - Lashly & Baer attorney, Michael D. Regan, successfully appealed a commercial property tax assessment on behalf of the owner of an apartment complex in St. Louis County. The decision of the Missouri State Tax Commission reduced the assessed valuation of the property by more than 50% and will result in a tax refund to the client of approximately $215,000.
Lashly & Baer, P.C. Obtained Two Certificates of Need from the Missouri Health Facilities Review Committee
On July 12, 2010, attorneys Richard D. Watters and Margaret Scavotto of Lashly & Baer, P.C. obtained 2 certificates of need from the Missouri Health Facilities Review Committee:
• Vision Ventures, LLC and Chesterfield Senior Care, LLC received approval to build Chesterfield Senior Care, a 51 bed assisted living facility to be built in Chesterfield, with faith-based, intergenerational assisted living care for seniors, as well as memory care.
• FSP-Ballwin, LLC and Amberton Senior Living Services, LLC received approval to build FSP-Ballwin Senior Living, a 98-bed assisted living facility that will provide assisted living services, including memory care, to seniors in the Ballwin area.
Lashly & Baer Attorneys Win Jury Verdicts for SLUCare and US Bancorp
June was a successful month for the litigation section of Lashly & Baer. Stephen G. Reuter and Stephen L. Beimdiek both achieved winning results in the St. Louis City Circuit Court for their clients, SLUCare and US Bancorp.
In a medical malpractice case, Mr. Reuter won a jury verdict in favor of SLUCare. The patient’s family alleged that a doctor at the Saint Louis University Liver Transplant Center should have evaluated the patient for a liver transplant sooner. The patient was referred to St. Louis for liver transplant evaluation by a physician in Arkansas. The SLUCare Hepatologist diagnosed autoimmune hepatitis, an element of the patient’s liver disease which had not been worked-up before referral. He attempted treatment of this, but the patient failed to follow doctor’s directives. Her liver disease progressed and ultimately the doctor did determine she would need a liver transplant. However, due to Medicaid rules, the evaluation and transplant surgery would have to take place in Arkansas, where the patient lived. The woman died six weeks after the transplant evaluation began in Arkansas. Mr. Reuter and his experts took the position that the diagnosis of autoimmune hepatitis was correct and that the treatment, when taken, was working. The patient’s non-compliance prevented further improvement and postponement, for years, the need for transplant. The defense also questioned why the Arkansas Liver Transplant Center did not complete the evaluation in the six weeks following their initial meeting with the patient. Experts testified at the trial that a transplant evaluation could be completed within one to two weeks. The jury deliberated for 53 minutes before returning their verdict. (Stephanie Daniels et al v. Saint Louis University)
A jury also found in favor of Stephen L. Beimdiek’s client, US Bancorp, in a “slip and fall” civil suit. The plaintiff, an 81-year old man, said he slipped and fell on a patch of ice outside a US Bank facility in St. Louis while waiting for the bank to open. Mr. Beimdiek argued that the bank’s premises had been treated for snow and ice removal and the plaintiff fell because he failed to take ordinary care. After deliberating for 45 minutes, the jury at the Saint Louis City Circuit Court agreed in favor of US Bancorp, finding the plaintiff 100 percent at fault. (Gerald Meyer v. US Bancorp)
CMS Launches Website on Electronic Health Records Incentive Programs
The Centers for Medicare and Medicaid Services has launched a special website about Electronic Health Records (EHR) incentive programs. The Medicare and Medicaid EHR incentive programs will provide incentive payments to eligible professionals and eligible hospitals as they adopt, implement, upgrade or demonstrate meaningful use of certified EHR technology. The programs begin in 2011. The link to this website is: http://www.cms.gov/EHRIncentivePrograms/. Providers who are interested in EHR incentive payments should contact their Lashly & Baer attorney, or any attorney in our Health Care practice.
Confidentiality of Student Records
On Friday, June 11, 2010, Lisa O. Stump presented to school board members, superintendents, and board secretaries at the Missouri School Boards Association (MSBA) Leadership Summit on the topic of the Confidentiality of Student Records including the requirements under the 2009 amendments to the Family Educational Rights and Privacy Act (FERPA). Download Presentation
Lashly & Baer Prepares Guide to Missouri Nursing Law
Attorney Richard D. Watters, along with law clerks Timothy M. Cronin, Rebecca A. Murphy and Kristin J. Steinkamp, compiled and annotated the Annotated Guide to Missouri Nursing Laws and Regulations, 1st Edition including Nursing Practice Act, Collaborative Practice Law, Board of Nursing Rules & Position Statements and Other Nursing-Related Laws & Rules (2009).
Midkiff v. Mine Safety Appliances Company, 2010 WL 1687123 (E.D.Mo.)
W. Jeffrey Muskopf, Michael J. Smith and Sarah J. Hugg won a summary judgment in favor of their client in a complex product liability case. The plaintiff claimed that he developed the occupational lung disease of silicosis, and alleged that the defendant's respiratory protection products were to blame. After aggressively defending the claims and sifting through thousands of pages of documents, Lashly & Baer attorneys discovered information that made clear that the plaintiff did not bring his lawsuit in a timely manner. The United States District Court for the Eastern District of Missouri agreed, and entered judgment in favor of MSA.
Carter v. SSC Odin Operating Company, LLC, __N.E.2d__, 2010 WL 1493626 (Ill.)
W. Jeffrey Muskopf and Mark R. Feldhaus won a significant victory for their client in the Supreme Court of Illinois on April 15, 2010. The plaintiff alleged that the defendant nursing home failed to provide proper care to one of its residents. Both the resident and her daughter executed written agreements to resolve any such claims by arbitration as opposed to the court system. In response to the defendant's motion to compel arbitrations, the plaintiff argued that the arbitration agreement was invalid under Illinois law. Jeff and Mark appealed adverse decisions in both the trial and appellate courts, and were ultimately successful in the Supreme Court of Illinois, which reversed the decisions of the lower courts. The decision is important not only to the parties to this case, but to nursing homes operating in Illinois, and to all parties who seek to enforce arbitration agreements in this state.
Old Dogs; New Tricks
Friday, May 21, 2010 - After nearly a half century, one of Lashly & Baer’s members, Charles E. Valier, returned to the classroom to sit for a Master of Liberal Arts degree in the Graduate School of Arts and Sciences at Washington University in St. Louis. Charlie was selected by his classmates to speak on their behalf at the Graduation Recognition Ceremony on May 19, 2010. His classmates had, however, urged him not to share his personal, first-hand recollections of the Schism in the Swiss Reform Church in 1588, which is the subject matter of his Dissertation.
The Women of Lashly & Baer Invite You to an Evening at Saks Fifth Avenue
Wednesday, May 5, 2010
RSVP to meet and mingle with our female clients and friends on Wednesday, June 2, 2010 at Saks Fifth Avenue in support of Dress for Success® Midwest.
Lashly & Baer will make a donation on behalf of every woman who attends.
Lashly & Baer attorneys comment on Elena Kagan's nomination
Monday, May 10, 2010 - Lashly & Baer attorney, Jennifer A. Tyus, appeared on News Channel 5 at noon on Monday, May 10, 2010 to comment on Elena Kagan's nomination to the Supreme Court. Click here to view the interview.
In addition, Lashly & Baer attorney, Sarah J. Hugg, commented on the nomination on Tuesday, May 11, 2010 on KTRS Radio with John Brown.
Lashly & Baer is a Proud Sponsor of the KIDS’ Chance
May 3, 2010 – Lashly & Baer is a proud sponsor of the KIDS’ Chance national conference which was held in St. Louis on April 30, 2010 and May 1, 2010. Missouri KIDS’ Chance hosted the conference with delegates attending from the 26 member states with KIDS’ Chance chapters. KIDS’ Chance is a charitable organization providing scholarships to children whose parents are severely injured or deceased due to work-related accidents.
The mission of Missouri KIDS’ Chance is “to improve the educational choices of children whose families have sustained an economic loss. The loss must have been a result of a serious injury or death caused by an accident or injury which has been found to be compensable under Missouri Workers’ Compensation Law.” Eric Christensen, a Lashly & Baer attorney, serves on the Board of Directors of Missouri KIDS’ Chance.
Kathryn B. Forster elected to Board of Governors of the Bar Association of Metropolitan St. Louis
Wednesday, April 14, 2010 - Kathryn B. Forster was elected to the Board of Governors of the Bar Association of Metropolitan St. Louis and appointed to serve on the Facilities Committee.
Managing and Preserving Your Assets
Stuart J. Vogelsmeier spoke on Saturday, April 17, 2010 at the St. Louis Metropolitan Medical Society's Spring CME Program on "Protecting Your Assets in Times of Crisis."
Nursing Mothers Get Unpaid Breaks in Health Care Law
Friday, April 9, 2010 - While employers are trying to quickly understand their current and future health insurance obligations and costs under the newly enacted Patient Protection and Affordable Care Act of 2010, other little-known provisions of the Act are coming to light. One of these provisions is the Nursing Mother Amendment, which adds to the Fair Labor Standards Act a requirement that all U.S. employers covered by the FLSA allow nursing mothers to take unpaid breaks to express breast milk.
The Nursing Mother Amendment, which appears in Section 4207 of the PPACA, is effective immediately. Under the Amendment, all FLSA-covered employers have two obligations: First, an employer must permit a “reasonable break time” for an employee to express breast milk for her nursing child for the first year of the child’s life. These breaks must be given “each time such employee has need to express the milk.” The Amendment does not define “reasonable,” nor does it identify the number of breaks that must be given during a work day. Instead, the number and duration of the breaks appears to be dictated by the amount of time and frequency the mother claims to need to express the milk. Read more...
HIPAA, HITECH, and the accessibility, security and privacy of Electronic Medical Records
Thursday, April 8, 2010 - Richard D. Watters will be speaking at the 20th Annual Coming Together in Advanced Practice Nursing Conference sponsored by the Missouri Nurses Association, which is scheduled to take place at the Holiday Inn Select, Columbia, Missouri, on April 15 & 16. Mr. Watters will be speaking on the topic of HIPAA, HITECH, and the accessibility, security and privacy of Electronic Medical Records.
Lashly & Baer attorney admitted as Solicitor of England and Wales
March 1, 2010 - Vivek Malik, immigration attorney at Lashly & Baer, P.C., was admitted as a Solicitor of England and Wales on March 1, 2010.
Lashly & Baer, P.C. Receives Approval for a 32-Bed Expansion for Client
March 2, 2010 - Lashly & Baer, P.C. client Crystal Oaks, a skilled nursing facility in Crystal City, Missouri, has received approval for a 32-bed expansion for rehab services. Lashly & Baer, P.C. attorneys, Richard D. Watters and Margaret Scavotto, represented Crystal Oaks before the Missouri Health Care Facilities Review Committee on January 11, 2010, at which time the project received approval. Lashly & Baer, P.C. attorney, Stuart J. Vogelsmeier, is providing counsel to Crystal Oaks on corporate and financing issues related to the project.
Click here to view article published in the St. Louis Business Journal.
EMPLOYER BEWARE: Employers Face Increased Wrongful Discharge Claims
February 9, 2010 - Recent rulings from the Missouri Supreme Court gives Missouri employers cause for concern. On February 9, 2010, in three separate opinions, the Court continued to erode the employment at-will doctrine and kept course with its recent pro-employee holdings. For the first time, the Missouri Supreme Court expressly adopted the cause of action for wrongful discharge based on the public policy exception to the employment-at-will doctrine. The Court ruled that an at-will employee may not be terminated for: (1) refusing to violate the law or any well-established and clear mandate of public policy as expressed in the constitution, statutes, regulations promulgated pursuant to statute, or rules created by a governmental body; or (2) reporting wrongdoing or violations of law to superiors or public authorities, i.e. whistle-blowing. Read more.
John Fox Arnold selected by the St. Louis Business Journal as a Most Influential St. Louisan
February 19, 2010 - Lashly & Baer attorney John Fox Arnold was selected by the St. Louis Business Journal as a Most Influential St. Louisan.
Tort Un-Reform in Illinois
On February 4, 2010, the Illinois Supreme Court again held that noneconomic damages caps are unconstitutional in the State of Illinois. Click here to learn more about the Illinois ruling or pending Missouri case.
James C. Hetlage and Michael D. Regan of Lashly & Baer, P.C. Settle Condemnation Case for $410,000
January 25, 2010 – The Missouri Highways and Transportation paid Lashly & Baer’s clients $410,000 for the acquisition of approximately seven acres of flood plain land for the expansion of Highway 141 in St. Louis County, Missouri. The Department of Transportation had originally offered the property owner approximately $50,000 for the acquisition of approximately 2.5 acres of the parcel and proposed to leave the property owner with two unusable remnants after the taking. The property owners were able to negotiate a settlement, after presenting expert testimony at the condemnation commissioners’ hearing, that entailed a taking of the full seven-acre parcel of flood plain and recovery of $410,000. The property owners were represented by James C. Hetlage and Michael D. Regan of Lashly & Baer, P.C.
Obtained Five Certificates of Need from the Missouri Health Facilities Review Committee:
On January 11, 2010, attorneys Richard D. Watters and Margaret Scavotto of Lashly & Baer, P.C. obtained 5 certificates of need from the Missouri Health Facilities Review Committee:
- Flint Hill Care and Rehabilitation Center received approval to build a 240 bed skilled nursing facility in St. Charles County.
- Vintage Park of St. Joseph and Vintage Senior Living, Inc. received approval to add 45 assisted living beds to its existing campus of assisted living and independent living apartments in St. Joseph, Missouri.
- St. Luke’s Episcopal-Presbyterian Hospital obtained approval to acquire a Siemens Artis Zeego angiography system for use in a hybrid operating room capable of performing both surgical and minimally invasive endovascular procedures.
- Crystal Oaks Long Term Care and JMH Diversified Health Care received approval to expand the Crystal Oaks skilled nursing facility by adding 32 beds for short-term rehabilitation and Alzheimer’s care.
- Patients First Health Care, LLC received approval to replace its existing MRI with a Siemens 1.5 T Magnetom Espree open bore MRI system.
Making the Case for Uniform Law in Missouri
An article written by John Fox Arnold, “Making the Case for Uniform Law in Missouri,” was published in the December 2009 issue of the St. Louis Bar Journal. Mr. Arnold has represented Missouri in the National Conference of Commissioners on Uniform State Laws since 1973. During his tenure, he has served as a member of more than a dozen drafting and review committees including the drafting of the Uniform Securities Act, the Uniform Partnership Act, and the Uniform Commercial Code Article 2 (Sales), Article 2A (Leases), and Article 8 (Investment Securities).
