2010 News

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). 

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.

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.

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.

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.

RICO Obstacle Removed For Business Owners

2/25/10             Download Article

Civil RICO is a powerful cause of action which may be used to protect your interests against the entities which have defrauded you or your business. One bar to its use in Missouri and certain other states was a requirement that you, the plaintiff, relied upon the misrepresentations of the parties which caused you harm. This same requirement, however, did not exist if the same cause of action was filed by the United States Attorneys’ office as a criminal matter. This conflict has been resolved by a recent United States Supreme Court decision. 

The Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961 – 1968 (“civil RICO”) provides that “[a]ny person injured in his business or property by reason of a violation of section 1962 of this chapter may sue therefor in any appropriate United States district court and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney’s fee.” As such, it is a powerful piece of legislation.

Grandparents' Rights

2/25/10             Download Article

When parents divorce or one parent dies, grandparents are often concerned about how such events will affect their relationship with their grandchildren.  Missouri legislators and the courts have recognized these concerns and have provided some remedies for grandparents.  In Missouri, the law allows for grandparents to petition the court for reasonable visitation with their grandchildren in certain circumstances. The Petition for these rights is extremely time-sensitive and such rights need to be requested of the court in short fashion.  In the case where the parents are divorcing, grandparents need to intervene in the dissolution action solely on the issue of visitation rights. In determining whether to grant such visitation, the Courts take into account what is in the best interests of the children.

Grandparent visitation is determined on a case-by-case basis. There are several factors considered by the court in awarding grandparent visitation including: the child’s best interest, whether the grandparents had a consistent relationship with the child in prior years, whether the grandparent was the primary caregiver for the child, and the frequency and flexibility of the visitation requested. The court will examine all of the factors in each case to determine whether grandparent visitation is necessary as well as determining the appropriate amount of the grandparent’s visitation.

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.

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.

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...

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."

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.

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.

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.

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.

Carter v. SSC Odin Operating Company, LLC, __N.E.2d__, 2010 WL 1493626 (Ill.)

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.

Midkiff v. Mine Safety Appliances Company, 2010 WL 1687123 (E.D.Mo.)

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.

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). 

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

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.

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)

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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 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. 

No-Charge Pre-Authorizations: Good Business or Legal Minefield?

Wednesday, November 3, 2010 - Stuart J. Vogelsmeier published an article, "No Charge Pre-Authorizations: Good Business or Legal Minefield?" in the Fall 2010 issue of Gateway Gatherings, which is the newsletter of the Greater St. Louis Chapter of the Healthcare Financial Management Association. Click here to download a copy of the article, or visit the HFMA - St. Louis website to view Gateway Gatherings.

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 Lawyers Selected for 2010 Missouri & Kansas Super Lawyers, and Rising Stars

October 2010 - 2010 Missouri & Kansas Super Lawyers has selected eight Lashly & Baer, P.C. lawyers who were nominated by their peers as being in the top 5% of Missouri and Kansas lawyers. They are John Fox Arnold, Kenneth C. Brostron, Kevin L. Fritz, James C. Hetlage, Stephen G. Reuter, Michael J. Smith, Richard D. Watters, and Wendy J. Wolf. 2010 Missouri & Kansas Rising Stars has selected Mark R. Feldhaus, Patrick E. Foppe, Kathryn B. Forster, Sarah J. Hugg, and Jennifer A. Tyus as top young lawyers in Missouri and Kansas.

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.

Education Associations Publish Cyberbullying Article

September 15, 2010 - Two statewide education associations have published an article by Lashly & Baer attorney Lisa O. Stump on the responsibilities of school districts in reporting and handling cases of cyberbullying. The Missouri Association of School Psychologists printed the article in its September 2010 newsletter, as did the Missouri Association of Secondary School Principals.  To download the article, click here. 

Use of Social Networking Websites: What's Legal, What's Not

Friday, October 22, 2010 - Kathryn B. Forster presented a program entitled, "Use of Social Networking Websites: What's Legal, What's Not" at the 2010 Missouri School Boards' Association Annual Conference. The presentation focused on the legal rights and responsibilities of school districts to discipline students and teachers for use of social networking sites as well as restriction of communications.  Download Presentation

Local Firm Gets Top Rankings From U.S. News & World Report

Thursday, September 16, 2010 – U.S. News & World Report and The Best Lawyers in America® have released the inaugural 2010 Best Law Firms rankings, and St. Louis’ Lashly & Baer, P.C., has been given top marks in the St. Louis region.  This marks the first time that a comprehensive ranking of law firms has been published.

In the St. Louis rankings, Lashly & Baer was listed as “Tier 1” in Health Care Law, Medical Malpractice Law – Defendants, and Personal Injury Litigation – Defendants, while earning “Tier 2” in Corporate Law.

In addition to this recognition, three attorneys from Lashly & Baer have been included in the 2011 edition of The Best Lawyers in America®.  Richard D. Watters, listed in Health Care Law, joins a distinguished group of attorneys who have been included in Best Lawyers for 20 years or longer.  Also listed in Best Lawyers were John Fox Arnold in Corporate Law and Kenneth C. Brostron in Medical Malpractice Law and Personal Injury Litigation.

Download Press Release

Lashly & Baer Attorney Wins Summary Judgment for Mine Safety Appliances Company

Monday, October 18, 2010 - Annie Bode Callahan won summary judgment in favor of their client in a complex product liability case. The plaintiffs claimed that respiratory protection products manufactured by Mine Safety Appliances Company caused or contributed to cause Robert Savage to develop silicosis, an occupational lung disease. Aggressive defensive of the lawsuit during extensive discovery revealed that Mr. Savage’s silicosis was sustained and capable of ascertainment more than five years prior to the filing of the lawsuit, and therefore the plaintiffs’ claims were barred by the applicable statute of limitations. The United Stated District Court for the Eastern District of Missouri agreed, and entered judgment in favor of MSA.  Robert and Ruth Savage v. Mine Safety Appliances Company, 2010 WL 4000620 (E.D. Mo.)

Lashly & Baer Attorney Discusses Cyberbullying on KTRS

Thursday, October 21, 2010 - Lisa O. Stump discussed cyberbullying with McGraw Milhaven on KTRS on October 21, 2010. Click here to listen to the interview.

Lashly & Baer Attorney, Jennifer A. Tyus, Appointed to Child Abuse and Neglect Review Board

Friday, September 24, 2010 - Lashly & Baer attorney, Jennifer A. Tyus, has been appointed by Governor Jay Nixon to the Child Abuse and Neglect Review Board subject to confirmation by the Missouri Senate. The Child Abuse and Neglect Review Board provides an independent review of child abuse and neglect determinations when an alleged perpetrator is aggrieved by the decision of the Children's Division. Click here to view the appointment announcement.

Lashly & Baer, P.C. Welcomes Two New Associates

Thursday, September 30, 2010 - Rebecca M. Christensen and Cecelia K. Carroll have joined Lashly & Baer, P.C. as associates. Rebecca M. Christensen holds a J.D. from Washington University School of Law and practices in the area of litigaiton. She is a 2004 graduate of Duke University with a bachelor's degree in English with a minor in Religion. She is a member of American Bar Association, the Missouri Bar, and the Bar Association of Metropolitan St. Louis. Cecelia K. Carroll holds a J.D. from Saint Louis University School of Law and practices in the area of toxic tort litigation. She is a 2004 graduate of Trinity University with a bachelor's degree in Political Science with minors in Spanish and Economics. She is a member of the American Bar Association, the Missouri Bar, the Bar Association of Metropolitan St. Louis, the Illinois State Bar Association, Women Lawyers' Association, and Lawyers for Equality. Download Press Release

Lashly & Baer Attorney, Lisa O. Stump, Discusses Cyberbullying on KSDK

Monday, October 11, 2010 – Lisa O. Stump appeared on the KSDK NewsChannel 5 at noon with Kathleen Berger discussing cyberbullying and what laws are in place to protect children.  View the KSDK interview by clicking here.

Protecting Your Assets in Times of Crisis

Tuesday, October 19, 2010 - Stuart J. Vogelsmeier published the article, “Protecting Your Assets in Times of Crisis” in the October-November 2010 issue of St. Louis Metropolitan Medicine, which is the official publication of the St. Louis Metropolitan Medical Society. The article is based on a presentation Mr. Vogelsmeier gave to the SLMMS Spring Continuing Education Seminar in April 2010.  Click here to download a copy of the article, or visit the St. Louis Metropolitan Medical Society website to view St. Louis Metropolitan Medicine.

Lashly & Baer Attorney Credited for His Role in Revitalizing Downtown St. Louis

Friday, October 8, 2010 - Lashly & Baer attorney, John Fox Arnold, co-chaired the 1999 revitalization plan for downtown St. Louis.  Click here to view article by the St. Louis Business Journal.

Lashly & Baer Attorney Discusses the Use of Certificates of Need for Hospitals

Friday, October 15, 2010 – Lashly & Baer attorney, Richard D. Watters, discusses a proposed three-bed hospital in Poplar Bluff, Missouri in the St. Louis Business Journal.  Click here to read the article.