Representative Cases

Bankruptcy:

Baldwin v. Credit Based Asset Servicing and Securitization, 516 F.3d 734 (8th Cir. 2008), holding that the fact that notice of a motion to dismiss the debtor's chapter 13 case was mailed by a mortgage creditor at some point was insufficient for the Court of Appeals to determine whether such notice satisfied due process, and consequently whether the bankruptcy court's dismissal of the debtor's case and allowing foreclosure of the debtor's residence was harmless error. The case was remanded for hearing.

Personal Injury:

Shores v. Express Lending Services, Inc., 998 S.W. 2d 122 (Mo. App. E.D. 1999), overturning a trial court's dismissal of a suit by an elderly woman with Alzheimer's disease against a mortgage brokerage firm which she and her relatives claimed tricked her into borrowing money she had no way of repaying and setting her up for an attempted foreclosure on her mortgage.

Hart v. Ward, No. 0622-CC06842 (Cir.Ct., St. Louis, MO 2007) $3,000,000 judgment for severely injured pedestrian.

Workers' Compensation:

Joyce v. City of St. Louis and Missouri Second Injury Fund, (Inj. No. 02-119010): Award by a Missouri Division of Workers' Compensation Administrative Law Judge based on finding that employee, a city refuse department employee, was permanently and totally disabled due to the combination of the present back injuries and prior back and knee disabilities. Employee awarded lifetime weekly benefits to be paid by the Missouri Second Injury Fund. (2008 Award)

Grubbs v. Treasurer of Missouri as Custodian of the Second Injury Fund, 298 S.W.3d 907 (Mo. App. E.D. 2009), holding by Missouri Court of Appeals that an employee's settlement of a workers' compensation claim against his employer constituted a "claim" for purposes of determining whether his later claim for compensation against the Missouri Second Injury Fund was filed within one year of the filing of a "claim" against the employer. The court held that the employee's claim against the Second Injury Fund was not barred by the statute of limitations as the Fund had argued.

Discrimination:

Wallace v. Debron Corp., 494 F. 2d 674 (8th Cir. 1974), only U.S. Circuit Court of Appeals decision to hold invalid a company rule discharging employees for excessive wage garnishments on the grounds that it had a disparate racial impact. Case reviewed at 18 St. Louis U. L.J. 710 (1973-1974), "Eighth Circuit Review", Burger, B.

Amir v. St. Louis University, 184 F. 3d 1017 (8th Cir. 1999), holding that a medical student with obsessive compulsive disorder who was dismissed from medical school after filing suit against the school could pursue his ADA retaliation suit against the university on account of his dismissal.