News

Lashly & Baer attorneys Stuart J. Vogelsmeier and Thomas E. Addis, represented the seller, Warrenton ClearPath Property Investment, LLC, in the sale of Oak Pointe Assisted Living & Memory Care, a 34,000-square-foot facility with 53 units. To view the full article in the St. Louis Business Journal CLICK HERE.

Lashly & Baer attorneys obtained a favorable decision on behalf of a local Missouri school district in the Eighth Circuit Court of Appeals. On July 11, 2018, the Eighth Circuit affirmed a District Court’s dismissal of a lawsuit brought against the district and the superintendent (hereafter the “School District”) by the mother of a former student. The mother originally filed a Complaint in the United States District Court for the Eastern District of Missouri acting in her individual capacity and on behalf of her son, which alleged violations of the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.(the “IDEA”); the Rehabilitation Act of 1973, 29 U.S.C. § 794 et seq.; and 42 U.S.C. § 1983.

The Eighth Circuit agreed with our arguments that the substance of Plaintiff/Appellant’s claims were related to the alleged denial of a Free Appropriate Public Education (“FAPE”) because they are directly tied to his status as a student, and, therefore, Plaintiff was required to exhaust his administrative remedies. The Eighth Circuit dispensed with Plaintiff/Appellant’s argument that exhaustion of the administrative procedure would have been futile because the School District would not have been a proper party to the administrative complaint and declined to create a new exception to the IDEA exhaustion requirement. The Eighth Circuit also determined that Plaintiff/Appellant failed to establish that Missouri law prohibited the School District, as a component district under Missouri law, from participating in administrative proceedings where its actions are alleged to have denied a student FAPE.

ST. LOUIS (July 16, 2018): Unused prescriptions have proved to be a significant source of drugs supplying the nation’s opioid epidemic, but the National Zip-Out Unused Opioids Foundation seeks to change that. Its goal is to educate the public on an easy method to responsibly dispose of unused pain medications. The National Zip-Out Unused Opioids Foundation is the brainchild of Susan E, Mackinnon, MD, FACS, who works with the division of plastic reconstructive surgery, Department of Surgery, Washington University School of Medicine in St. Louis, Missouri.

The opioid crisis has been well documented. The Centers for Disease Control has reported that 64,070 drug overdose deaths in 2016 were attributed to opioid abuse, a 21% increase over 2015. A 2012 study showed that 86% of intravenous heroin users had previously misused opioid pain relievers. Dr. Susan Mackinnon explains: “people who have surgery often get pain prescriptions for more pills than they actually need and often hoard the medications in their home medicine cabinets instead of properly disposing them.” Research by the Substance Abuse and Mental Health Administration found that nearly 70% of people surveyed obtained their most recently used pain reliever or sedative divergently from a friend or family member.

“Patients prescribed with pain medications need to be responsible with their unused medications so they don’t get in the wrong hands because early exposure to opioid pain medications is a significant risk for future use of illegal substances,” said Dr. Susan Mackinnon. “Our big goal is to empower everyone to potentially save a life of a young person by increasing awareness of the dire need to clean these dangerous drugs out of medicine cabinets.”

Recently, the National Zip-Out Unused Opioids Foundation published a new educational brochure that shows how to safely dispose unused pain pills in compliance with the Federal Food and Drug Administration guidelines and federal law. The brochure instructs the public to place their unused opioid pills in a plastic food storage bag, add liquid dish detergent to dissolve the pills, and then through away the plastic bag with the dish detergent mixed with dissolved pills inside.

“We believe this is a safe, inexpensive and convenient way to responsibly dispose of these medications,” added Dr. Mackinnon. The National Zip-Out Unused Opioids Foundation is working to get its message in doctor’s offices, pharmacies and schools throughout the United States. “Increasing awareness and empowering the public through a simple disposal method is undoubtedly one very important way we can all help combat the opioid crisis.”

To learn more about The National Zip-Out Unused Opioids Foundation visit its website at: www.ZipOutOpioids.org or contact Lashly & Baer, P.C. attorneys Patrick E. Foppe or Nancy R. Vidal.

07/09/2018- Lashly & Baer, P.C. is pleased to announce that John Fox Arnold has been selected for inclusion to the list of 2018 Best Attorneys by St. Louis Small Business Monthly. Small Business Monthly polled its readers asking them to nominate attorneys in St. Louis who go above and beyond to help businesses. His selection to this list is a true credit to his work ethic, legal expertise, and strong ties to the St. Louis business community. Arnold will be among those listed in the Small Business Monthly’s August 2018 Best In Business – Best Attorney listing.

June 20, 2018 – Lashly & Baer attorney John Fox Arnold received the William L. Weiss Award during BAMSL’s annual Senior Lawyers’ Luncheon, held at noon on Wednesday, June 20 at the Missouri Athletic Club (MAC) in downtown St. Louis.

Each year, lawyers over the age of 65 gather for the luncheon to honor one of their own who has shown outstanding leadership in the bar and the legal community.

Arnold, an attorney at Lashly & Baer, P.C., served as BAMSL’s president during the 1975-76 bar year. He has received numerous accolades throughout his career. In 2005, BAMSL selected him as one of the Master Lawyers — those attorneys “who best exemplify the honor and dignity of the profession.” Arnold also received the Foundation Award of the St. Louis Bar Foundation in 2006 for significant contributions to the St. Louis community and legal profession. He is licensed to practice law before the Supreme Court of the United States, the U.S. Court of Appeals for the Eighth Circuit, the U.S. District Court for the Eastern District of Missouri and the Supreme Court of Missouri.

Monday, May 14, 2018 – Lashly & Baer, P.C. attorney, Kenneth C. Brostron was recently awarded the inaugural Missouri Lawyers Weekly ICON Award. The ICON award will honor 25 men and women attorneys, judges and professors across Missouri over the age of 60 for their notable sustained success and strong leadership within and outside the field of law.

Lashly & Baer, P.C. thanks Kenneth C. Brostron for his dedication to the practice of law and the firm. For more than 30 years, Ken has pursued ground-breaking litigation and has been obtaining many of the most-substantive defense verdicts all while managing a growing law firm. We congratulate him on a successful career and being selected for the Missouri Lawyers Weekly ICON Award. To view the complete list of recipients CLICK HERE.

May 31, 2018 – Christopher Castellanos, an attorney specializing in trusts and estates with Lashly & Baer, P.C contributed to an article published in the Ladue News. In the article Chris offers information on the four basic elements of an estate plan to focus on. CLICK HERE to read the full article.

Thursday, May 3, 2018 – Lashly & Baer’s President, Lisa O. Stump presented “Walking in Sunshine – What I need to know about Sunshine Law Requests” at the Missouri Association of School Business Officials’ 66th Annual Spring Conference in Osage Beach, Missouri. To view the presentation, click here.

The Missouri Department of Insurance, Financial Institutions and Professional Registration issued an emergency rule, which goes into effect Thursday, April 26. The emergency amendment expands existing mileage limits of advanced practice registered nurses to 75 miles from collaborating physicians. For more information on this amendment please call your Lashly & Baer attorney or Richard D. Watters at 314-621-2939.

Lashly & Baer attorneys Breanne E. Sergent and Stuart J. Vogelsmeier recently discussed compliance issues for providers at the March 8th Healthcare Management Association’s, Southern Illinois Chapter meeting in Mount Vernon, Illinois. Their presentation provided education to healthcare providers on Anti-Kickback issues. To read their complete presentation posted on www.sihfma.org CLICK HERE.

Wednesday, February 21, 2018 (St. Louis, Missouri) – Lashly & Baer, P.C., one of the oldest law firms in Downtown St. Louis, has named Lisa O. Stump as President. She succeeds Kenneth C. Brostron, who is stepping aside as President of the Firm, after over 30 years. Stump, who has practiced at Lashly & Baer for her entire career, becomes the first woman President of the Firm. Stump, 53, is also Chair of the Firm’s Governmental and Education practice group.

“I am honored to serve as Lashly’s President,” said Stump. “Ken has been a great leader for our Firm, and he has been a mentor to me. My goal is to continue to focus on the outstanding client service that Ken has championed.”

“Lisa is first and foremost a great lawyer,” Brostron said. “She is one of the best government and education lawyers in the State of Missouri. She has grown to be a leader of the Firm, and I am confident that the Firm will have great success in the future.”

Under Brostron’s leadership, Lashly’s reputation grew from a leading Midwestern litigation Firm to a full-service law firm including governmental and education, health law, business and finance practices. The leadership transition is part of the Firm’s strategic plan which was developed in 2013. Stump has been serving side-by-side with Brostron as the Firm’s President-Elect for the past year. Brostron will remain as a member of the Firm’s Board of Directors.

Stump believes that the transition will be seamless. “We’ve been planning this transition for the past five years. We will continue to focus on delivering outstanding legal services for our clients in an efficient manner,” said Stump. “We continue to look for talented attorneys who share our culture and vision for the future.”

Lashly joins a small percentage of major law firms that have a woman chief executive. Stump, who along with her husband Steve, raised their four children while practicing at the Firm, believes that Lashly has been a leader in recognizing workplace flexibility and embracing families, while still instilling and supporting a work ethic with the ultimate goal of serving clients. “Lashly allowed me to practice on a flexible schedule when I had small children, which was rare in the early 1990s,” Stump said. “Collectively, the Firm found ways to ensure that client service remain unchanged. Our clients want accessibility and results. That can happen from outside the traditional four walls of the office,” Stump added. “Our Firm has seen productivity rise when attorneys are given the tools to work in the manner which best serves them and their clients.”

Stump practices primarily in the areas of governmental and public institutions law including the representation of educational institutions. She advises public agencies on governance issues, contracts and procurement, governmental immunity, public employment, constitutional restrictions on taxation and bond issues, the use of public monies, elections and public records laws. She is the City Attorney for the City of Crestwood, and represents the Bi-State Development Agency, Rockwood School District, St. Louis County Library, St. Louis Public Library, and Downtown STL, Inc. Stump received her J.D. from Washington University School of Law where she was a member of the Order of the Coif and the Washington University Law Quarterly.

Brostron is a Fellow of the American College of Trial Lawyers. He was counsel to the Board of Education for the City of St. Louis for over 25 years. During that time he was lead counsel in the St. Louis Desegregation Case which generated billions of dollars for services to provide area children with educational opportunities for decades. For over 17 years, he has been selected by his peers for inclusion in The Best Lawyers in America^® in the fields of Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants, most recently in 2018. He was elected the 2016 Lawyer of the Year for St. Louis in the area of Medical Malpractice Law – Defendants by The Best Lawyers in America^®.

Lashly has also named the following attorneys as officers and members of the Board of Directors: Stuart J. Vogelsmeier, Executive Vice President, Stephen G. Reuter, Vice President Personnel, James C. Hetlage, Vice President Operations, and Mark R. Feldhaus, Vice President Finance.

Celebrating 106 years in business in 2018, Lashly has offices in Downtown St. Louis and Belleville, Illinois. Lashly & Baer has been named one of the Best Law Firms by U.S. News & World Report, and received national ranking in Health Care Law, while receiving top St. Louis ranking in Corporate Law, Health Care Law, Medical Malpractice Law – Defendants, and Personal Injury Law – Defendants.

For more information, contact Kara Brostron at 314-436-8366 or kmbrostron@lashlybaer.com. For a copy of the release click here.

February 28, 2018 – Congratulations to Michael D. Regan on being named one of the Best Mergers & Acquisitions Providers by Small Business Monthly. Nominees were chosen by Small Business Monthly Readers for being the best advisers for business owners in St. Louis. The complete list will be featured in the March issue of Small Business Monthly.

For the second year in a row, Lashly & Baer, P.C. has been named “Best In Customer Service” by the readers of St. Louis Small Business Monthly. The award will be featured in their February, 2018 issue. Click here to view the complete list of businesses recognized.

Springtime is fast approaching, and as you dutifully cross chores off of your spring cleaning to-do list, we encourage you to conduct an accessibility check-up of your entity’s website and web-based applications.

Under the Americans with Disabilities Act (“ADA”), public entities that choose to provide services through web-based applications or provide information to the public through the Internet must ensure that individuals with disabilities have equal access to such services and information. Equal accessibility of websites and web-based applications requires both technical accessibility and effective communication.

The Department of Justice (“DOJ”) was expected to issue updated website accessibility regulations this year; however, we do not expect the federal website accessibility regulations to be updated in the foreseeable future. The most recent regulatory agenda classifies the development of these regulations as inactive, and thus we recommend continuing to use the DOJ’s previous guidelines, as the standard for evaluating your organization’s Internet presence. It is best to continuously audit your website and web-based applications and work with IT personnel and website design vendors to ensure that proper accessibility features, such as alt tags, video captions and appropriate color combinations, are in place.

Public entity websites must also effectively notify interested persons with disabilities of the existence and location of accessible programs, services, and activities. We recommend periodically reviewing your entity’s website to ensure that the website effectively informs the public of the aids, accommodations, and services that are available to individuals with disabilities and provides equal opportunity access to all of your programs, services, and activities.

For more information, please contact Allison M. Scime at 314-436-8342 or ascime@lashlybaer.com, or contact your Lashly & Baer attorney.

January 10, 2018, Lashly & Baer, P.C. attorney Breanne E. Sergent recently participated on a panel at the SIU School of Law’s Business Boot Camp. The camp, in its fifth year, was held on January 10^th with more than 30 students who enrolled. The course was created to help law students understand basic business concepts that they are likely to encounter in their future work as attorney, such as employment and labor law, basic business planning and an introduction to health benefits in small businesses. Sergent was a part of the panel discussions and covered topics surrounding her career in transactional and health care law. To read more about the program visit the SIU Law School website here.

January 28, 2018, Lashly & Baer, P.C. attorney Peter W. Gullborg was been nominated by The Twenty-First Circuit Judicial Commission to sit on the panel of nominees to be submitted to Governor Eric Greitens to fill the circuit judge vacancy in St. Louis County created by the retirement of Judge Carolyn Whittington. Congratulation to Peter on this honor and good luck in the steps ahead. To read the full announcement from the commission see the full press release below.

Missouri: 21st circuit commission announces nominees for Whittington circuit judge vacancy in St. Louis County
Jefferson: The Government of Judicial Branch, Missouri has issued the following news release:

The Twenty-First Circuit Judicial Commission announced the panel of three nominees to be submitted to Governor Eric Greitens to fill the circuit judge vacancy in St. Louis County created by the retirement of Judge Carolyn Whittington.

Those nominated by the commission are:
Judge Joseph L. Green – Green graduated in 1982 from what is now Truman State University in Kirksville and in 1987 from Saint Louis University School of Law. He is currently an associate circuit judge in St. Louis County.

Peter W. Gullborg – Gullborg graduated from University of Missouri-Rolla in 1984 and from University of Maryland School of Law in 1994. He is currently an attorney at Lashly & Baer PC.

Judge Mary Elizabeth Ott – Ott graduated in 1982 from Saint Mary’s College in Notre Dame, Indiana, and in 1985 from Saint Louis University School of Law. She is currently an associate circuit judge in St. Louis County.

The commission conducted one day of public hearings and interviewed 24 applicants. The commission believes these candidates, chosen from a field of extremely qualified individuals, possess those qualities essential to the fair and efficient administration of justice. The commission is confident any of these individuals is capable of serving well and honorably if selected by the governor. Pursuant to Supreme Court of Missouri Rule 10.29, the commission reports the final votes received by each nominee were: Green received five votes, Gullborg received four votes, and Ott received five votes.

The members of the Twenty-First Circuit Judicial Commission are: James M. Dowd, chief judge of the Missouri Court of Appeals, Eastern District, and chairman of the commission; Tiffany Mapp Franklin; William P. Grant, Thomas K. Reedy and Jeffrey D. Sigmund.

Governor Bruce Rauner recently signed into law amendments to the Illinois Limited Liability Company Act (the “Act”) altering certain organizational and annual compliance fees charged by the Illinois Secretary of State. The amendments became effective on December 20, 2017. The most significant of these amendments reduces filing fees for articles of organization from $500 to $150 and  the filing fee of the annual report from $250 to $75.

Following its introduction in 1994, the limited liability company (“LLC”) has tended to be the vehicle of choice for Illinois businesses and entrepreneurs. With the exception of highly regulated enterprises, this popularity is primarily attributable to the fact that it combines the limited liability of a corporation with pass-through tax treatment of a partnership. Additionally, management structures are more flexible with members enjoying considerable freedom to write their own protocols for management.

Other recent amendments to the Act were designed to further align the Act with the Revised Uniform Limited Liability Company Act as adopted by numerous other states. Pursuant to these amendments, (1) members are not automatically agents of the LLC solely by reason of being a member; (2) oral and implied operating agreements are now recognized; (3) the LLC is automatically bound by the agreement, even if not expressly consented to in such agreement; (4) the LLC is presumed member-managed unless otherwise expressly stated in the operating agreement; (5) a person may become a member without acquiring an economic interest; (6) the operating agreement may eliminate or reduce a member’s fiduciary duties by clear and unambiguous language; (7) a withdrawn member’s rights to inspect LLC records is specified; (8) rights of a member’s judgment creditors are limited; (9) courts are granted authority to resolve disputes other than by dissolution; (10) an LLC is no longer required to purchase interests held by a withdrawn member; (11) the Act expanded rights permitting LLC conversion and domestication; (12) dissolution documentation is identified; and (13) the Act has greater recognition of electronic records.

The amendments include a number of other reductions in compliance costs and filing fees. A copy of the new legislation concerning regulatory fees is available here. The full text of the earlier changes to the Act is available here.

If you have any questions about changes to your Illinois LLC, or need assistance with these amendments, please contact attorney Peter C. Sullivan. or your current Lashly & Baer attorney.  Click Here to learn more about our Business and Corporate Practice Group.

This memorandum is provided by Lashly & Baer, P.C. for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered advertising under applicable state laws.

Kenneth C. Brostron and Mark R. Feldhaus have won Top Defense Verdict for 2017 by Missouri Lawyers Weekly. The award honors Missouri-licensed attorneys who scored the biggest civil victories in Missouri courts, based on Missouri Lawyers Weekly’s Verdicts & Settlements database. These awards honor both trial victories and settlements.

Brostron and Feldhaus successfully defended three labor and delivery nurses in the care of a mother who gave birth to a son who suffered brain damage. The plaintiff asked for more than $20 million and the jury found for the defense 11 to 1. The complete announcement and ranking will appear in the February 5th issue of Missouri Lawyers Weekly.  

Lashly & Baer attorney, Patrick E. Foppe, was recently published in the December 20, 2017 DRI newsletter The Voice. Patrick’s featured article discusses Precluding Discovery of Preventability Determinations in Trucking Accidents Under 49 U.S.C. § 504(f).

The discoverability and admissibility of post-accident preventability determinations by trucking companies is often much disputed in truck accident cases. The Federal Motor Carrier Safety Administration’s recent adoption of the crash preventability program breathes new life into the argument that 49 U.S.C. § 504(f) affords a statutory basis to keep preventability determinations out of civil lawsuits. To read a pdf version of the full article CLICK HERE or to learn more about DRI visit www.DRI.org.

St. Louis, MO, United States — Lashly & Baer, P.C. is pleased to announce that Stephen G. Reuter, has been named for the first time to the 2018 Edition of The Best Lawyers in America, the oldest and most respected peer-review publication in the legal profession. Stephen has been recognized for his work in Medical Malpractice Law- Defendants along with six other Lashly & Baer, P.C. attorneys.

Lashly & Baer, P.C. would also like to congratulate the following attorneys named to The Best Lawyers in America list:
John Fox Arnold, Corporate Law
Stephen L. Beimdiek, Personal Injury Litigation – Defendants
Kenneth C. Brostron, Medical Malpractice Law – Defendants and Personal Injury Litigation – Defendants
James C. Hetlage, Employment Law – Management
Stuart Vogelsmeier, Health Care Law
Richard D. Watters, Health Care Law

Best Lawyers has published their list for over three decades, earning the respect of the profession, the media, and the public as the most reliable, unbiased source of legal referrals. Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.