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Firm News

September 2015

Two Behr, McCarter & Potter, P.C. lawyers have been named “Lawyers of the Year” by Best Lawyers®, the oldest lawyer-rating publication in the U.S.  Best Lawyers named a single lawyer in each specialty as “Lawyer of the Year.”  Those selected have earned a high level of respect among their peers for their integrity, abilities, and professionalism.

The Firm’s lawyers named 2016 “Lawyers of the Year” include:

Anthony R. Behr
Product Liability Litigation – Defendants

W. Dudley McCarter
Litigation – Construction


May 2015

In the recently decided case of Drury Co. v. Mo. United Sch. Ins. Council,, W. Dudley McCarter, Edward V. Crites and Joel O. Christensen represented a subcontractor against an insurer to recover under an “all-risk” policy the $325,600 cost of replacing a roof deck damaged by rain, snow and ice. When the insurer denied coverage under the “faulty workmanship,” suit was filed seeking full payment, plus statutory penalties and attorney’s fees, because the exclusion did not apply to “ensuing” losses caused by covered perils. The trial court agreed with the subcontractor and granted summary for the full amount including penalties. After the insurer appealed, the appellate court upheld the full judgment. The client collected $768,839.39.

Court of Appeals opinion


November 7, 2014

This past July 2014, Richard J. Behr successfully represented the Missouri Department of Transportation (MoDOT) against a former employee’s retaliatory discharge claim.  John Hodge was an employee of MoDOT for twenty-seven years before he was terminated by MoDOT on April 1, 2013, for various acts of misconduct on the job.  Thereafter, Hodge hired an attorney to challenge his termination alleging that he was fired in retaliation for not fully cooperating with MoDOT in a fellow employee’s wrongful discharge claim.  Hodge demanded immediate reinstatement, backpay, retroactive benefits and attorney’s fees.  After a full evidentiary hearing and legal briefing, all of Hodge’s requests for relief were denied and MoDOT’s termination was upheld.


October 30, 2014

Joel Christensen was recently appointed to a three-year term as a member of the Lupus Foundation of America, Heartland Chapter’s Board of Directors.  The Lupus Foundation of America is dedicated to improving the quality of life for all people affected by lupus through programs of research, education, support and advocacy. Lupus is a chronic autoimmune disease that can damage any part of the body.  There is no known cause or cure for lupus.  The Heartland Chapter is headquartered in St. Louis and provides programs and services for the estimated 50,000 people living with lupus in Missouri, eastern Kansas and southern Illinois.


September 18, 2014

Elizabeth (Liz) V. Grana has been named President of the Women Lawyers’ Association of Greater St. Louis (“WLA”). Liz was sworn into office on September 17, 2014, at the WLA Officer Installation and President’s Award Dinner that took place at the Soulard Preservation Hall.


175th Anniversary Celebration of the University of Missouri

Pictured above are Dudley McCarter and Mizzou Chancellor R. Bowen Loftin

Pictured above are Dudley McCarter and Mizzou Chancellor R. Bowen Loftin

Behr, McCarter & Potter Principal W. Dudley McCarter helped kick-off the 17th anniversary celebration of the University of Missouri at the Mizzou basketball game on February 11, 2014.  Dudley is President-Elect of the Mizzou Alumni Association and Co-Chair of the 175th Anniversary Committee.

 

 

 

 

 

 


New Partners Announced (September 2012)

Stacy Jackson, Tim Reichardt and Jason Kinser named partners of Behr, McCarter & Potter, P.C.

Stacy Jackson

Tim Reichardt

 

Jason Kinser

 

 

 

 

 

 

 

 


September 7, 2012

Attorneys Richard Behr, Jason Kinser, and Brandon DeWitt were successful in defeating a racial discrimination suit filed against numerous defendants including a university, certain faculty, administrators, and student leaders.  The plaintiff alleged that she was barred from leadership positions in student organizations and otherwise systematically discriminated against based on her race.  Rich Behr, Jason Kinser, and Brandon DeWitt filed three successive motions to dismiss in convincing the Federal Court to dismiss plaintiff’s case on the merits.


August 14, 2012

Tim Reichardt has been named one of Missouri’s Up & Coming Lawyers in 2012 by Missouri Lawyers Weekly.  Tim was selected by a group of peers and judges to receive this prestigious distinction, which is given to attorneys 40 years old or younger who exemplify the highest level of achievement in the legal profession and the community at-large.  Tim will be featured in the September 10, 2012 Missouri Lawyers Weekly publication and will be honored at a special reception in Kansas City that week.


May 31, 2012

Brandon DeWitt seeks to recover more than $1 million in foreign judgment.  Click here to read article.


May 23, 2012

Defense Verdict for City of Rolla in 2005 fatality

By Shannon Beck
The Rolla Daily News

A jury decided Wednesday that the City of Rolla is not to blame for the fatal accident that took the life of Birdie M. Lenox in November 2005.  “It’s a terrible accident, but she just wasn’t paying attention,” the city’s attorney Edward Crites said during his closing arguments Wednesday morning.
The accident happened at the intersection of Lions Club Drive and State Route O shortly after the newest portion of Lions Club Drive was opened to the public when Lenox, 79, of Rolla, ventured into Route O without slowing down and struck a Coca-Cola Bottling Co. delivery truck.

Lenox’s family asserted that a stop sign had not yet been posted at the new intersection, giving her no warning to yield to oncoming cars.

They asked for nearly $300,000 in damages for medical bills and funeral expenses and additional damages for suffering endured by Lenox in the 30 days between the accident and her death.

The jury’s decision means the city will not have to pay any damages.

Once the jury entered into deliberation, the group immediately asked for every piece of evidence they were entitled to view. This included more than 70 statements, photos, items of correspondence and accident diagrams attorneys brought to the court.

They spent approximately two hours reaching their decision.

The jurors were serving their third day of jury duty, having gone through the jury selection process Monday and then hearing testimony all day Tuesday.

Testimony included people who said they drove through the intersection prior to the accident and did not see the stop sign.

Testimony continued Wednesday morning with the police officer who worked the accident, C. Butler, now with the Phelps County Sheriff’s Department, and the man who served that officer a subpoena for the trial.

Those testimonies made for some dramatic closing arguments, as the civil process server Richard Skyles told jurors Butler said he did not remember a stop sign at both sides of the intersection when Skyles delivered the paperwork. Butler’s report, however, clearly marks stop signs in both eastbound and westbound lanes.

The Lenox family’s attorney, William M. Wunderlich, fell just shy of calling Butler a liar during closing arguments painting him as a young officer who made assumptions in order to get the report done.

Apparently, none of the jurors bought Wunderlich’s version of the truth, as all 12 signed the verdict form indicating that the accident was 100 percent Lenox’s fault.

The Ozark Coca-Cola Bottling Company had also been named in the lawsuit but chose to settle out of court before the trial began.


May, 2012

W. Dudley McCarter is currently the Vice President of the Mizzou Alumni Association, a Trustee of the University of Missouri Law School Foundation, and Co-Chair of the University of Missouri 100.

For the third year in a row, W. Dudley McCarter will be the guest speaker at the naturalization ceremony for the new citizens who will take their oath of citizenship at Parkway South High School.


August 15, 2009

Behr, McCarter & Potter, P.C. has been named a “Best Law Firm” in two practice areas by U.S. News. To view the full profile, please click here.


October 7, 2009

Directed Verdict! On October 7, 2009, Thomas Hayek’s Motion for a Directed Verdict at the close of Plaintiff’s evidence was granted in the legal malpractice case of Suzanne Wack v. Cohen. The St. Louis County judge assigned to the trial granted the motion finding the case could not be submitted to the jury since Plaintiff had failed to present sufficient causation evidence. Mr. Hayek successfully argued on behalf of the attorney that the Plaintiff could not establish that but for the attorney’s negligence, the outcome of the underlying case would have been different and Plaintiff would not have been damaged.


August, 2009

W. Dudley McCarter was recently named in 2010’s The Best Lawyers in America® in the category of Commercial Litigation.

Tony Behr is one of only four lawyers in St. Louis to be named in 2010’s The Best Lawyers in America® in all of the following categories: Commercial Litigation, Medical Malpractice Law, Personal Injury Law and Products Liability Law.


July 23, 2009

Motion for Summary Judgment Win! Kilper, et al. v. The City of Arnold, Missouri, et al., The City of Arnold, represented by Dudley McCarter and Timothy Reichardt, recently prevailed in a federal lawsuit challenging the validity of its ordinance that established automated red light camera systems in Arnold.

Plaintiffs, who had been caught running red lights, contended that the enactment and enforcement of the ordinance violated their constitutional rights. Several of Plaintiffs’ claims were promptly disposed of by the Court based on sovereign immunity arguments advanced by defense counsel in a motion to dismiss.

Thereafter, Defendants’ motion for summary judgment addressing the constitutionality of the enactment and enforcement of Arnold’s red light camera ordinance was granted by the U.S. District Court for the Eastern District of Missouri on July 23, 2009. The Court’s Memorandum and Order explains that Arnold’s enactment and enforcement of the red light camera ordinance did not violate Plaintiffs’ federal due process rights.

The case, Case No. 4:08CV0267, was the first eighth circuit case challenging the constitutionality of red light camera systems. If you would like a copy of the Court’s Memorandum and Order granting Defendants’ Motion for Summary Judgment, please click on the “Victory” tab on our menu bar.


July 23, 2009

Appellate Win! Heartland Regional Medical Center v. Sterling Emergency Services of Illinois, Inc.; Heartland Regional sought recovery from Sterling Emergency Services on an express indemnity theory. The Illinois trial court dismissed the case on the grounds that it violated Illinois’ Contribution Act. The 5th District Appellate Court of Illinois reversed and remanded allowing Heartland to move forward against Sterling. Rich Behr and Tim Reichardt represent Heartland Regional.


June 2009

Defense Verdict! On June 26, 2009 Richard J. Behr successfully defended The Argosy Casino – Sioux City in a premises liability case brought by a patron who was injured when she slipped and fell on a snow covered sidewalk leading into the casino. The patron contended that Argosy was negligent for failing to keep the walkway safe and also contended that Argosy destroyed or altered evidence of the accident. Mr. Behr proved that no alteration or destruction of evidence occurred and argued that Argosy met its obligation to keep the walkway reasonably safe, but that Plaintiff fell due to her own negligence. The jury unanimously found in favor of Argosy.


April, 2009

Ed Crites was appointed the Provisional Judge of Warson Woods, a suburb of St. Louis, Missouri.


March 23, 2009

Tony Behr successfully testified as a defense expert witness in a legal malpractice case filed by Hamid Hosseini, M.D. against attorney Rodney Sharp and the St. Louis law firm of Sandberg, Phoenix and VonGontard, P.C. Dr. Hosseini, a board-certified OB-GYN, claimed that Defendants were negligent in their defense of him in the underlying medical malpractice-wrongful death case. On March 23, 2009, a St. Louis County jury returned a verdict in favor of Defendants.


February 9, 2009

Defense Verdict! On February 9, 2009, Steve Potter successfully defended a surgeon in the case of Barbara Smith v. Dr. Robert Prophete, M.D. A city of St. Louis jury returned a defense verdict in this medical malpractice case against a surgeon for allegedly performing an unnecessary procedure and perforating the plaintiff’s ureter, resulting in permanent kidney damage. Mr. Potter successfully argued on behalf of the surgeon that the procedure was appropriate and that perforation of the ureter was a known risk and potential complication of the procedure.


January 29, 2009

Appellate Win! The United States of America for the Use of Lighting and Power Services, Inc. v. Interface Construction Corp. in the United States Court of Appeals for the Eighth Circuit. Behr, McCarter & Potter represented the electrical sub-subcontractor on government renovation project brought action under Miller Act against contractor, subcontractor, and surety that issued contractor’s payment bond to recover amount due for unpaid labor and materials furnished on project. The United States Magistrate Judge and the United States District Court for the Eastern District of Missouri denied the contractor’s motion to compel arbitration and the contractor appealed.

The Court of Appeals, held that: (1) question of whether sub-subcontractor was bound by subcontract’s arbitration agreement was for court, not arbitrator, to decide;(2) ambiguous statement in sub-subcontractor’s proposal to subcontractor was not express agreement by sub-subcontractor to arbitrate future Miller Act claims on payment bond subsequently issued to contractor; and (3) sub-subcontractor was not equitably estopped from refusing to arbitrate its Miller Act claim.


 

January 2009

Attorneys W. Dudley McCarter and Anthony R. Behr were selected for inclusion into the The Best Lawyers in America® 2009. Attorney W. Dudley McCarter was selected by his peers for his work in commercial litigation. Attorney Anthony R. Behr was selected by his peers in the areas of Medical Malpractice Law, Personal Injury Litigation and Product Liability Litigation.


January 2009

Attorney Timothy J. Reichardt was elected to the 2009 Board of Directors of Young Friends of St. Louis Childrens’ Hospital.


August 29, 2008

Defense Verdict! Roxane Delmain v. Scott H. Johnson, M.D., St. Louis County Circuit Court jury returned a defense verdict on a medical malpractice case against a doctor seeking over $4 million in damages for allegedly lagging in ordering open heart surgery. Behr, McCarter & Potter, P.C. attorneys Thomas J. Hayek and Timothy J. Reichardt defended Doctor Scott H. Johnson.


July 26, 2008

Appellate Win! Ed Crites recently won the case of Lorton v. Hudgens in the Missouri Court of Appeals, Eastern District. In that case, an attorney represented a trustee in an action for an accounting and to remove the trustee. The trust gave the trustee authority to hire and to pay professionals, including attorneys. After the attorney accepted payment of his fee from trust assets without first obtaining court approval, plaintiff sued the attorney for repayment. There was no question that the legal work was performed and the bill was reasonable.

After the trial court dismissed claim against the attorney because there was no cause of action against him on that basis, plaintiff appealed. The court of appeals upheld the dismissal because the trust had authorized the trustee to make payments without court approval. Moreover, we successfully argued to the court that, if plaintiff’s theory was recognized, attacking payment of attorney fees would become a standard tactic used in suits against trustees. The result would be that trial courts would be called upon to closely scrutinize all payments of professional fees by trustees, which is a burden the court should not undertake.


April 29, 2008

Appellate Win! Lim v. Jeffers, No. ED 90127: The Missouri Court of Appeals for the Eastern District affirmed the Circuit Court of St. Louis County’s Order dismissing appellant’s cause of action. Behr, McCarter & Potter, P.C. attorneys Anthony R. Behr and Timothy J. Reichardt were counsel for Respondent.


April 15, 2008

Appellate Win! Schultz v. Warren County, Court of Appeals for the Eastern District of Missouri: LaFarge North America Inc. submitted an application to Warren County for a conditional use permit to operate a proposed asphalt and/or concrete plant on its property, pursuant to the County’s zoning ordinances. The Planning and Zoning Commission, after public hearing, voted to approve LaFarge’s application for a conditional use permit. Mr. Schultz, who owns property near that of LaFarge, filed a protest with the Warren County Commission, challenging the approval of the permit. The County Commission held a public hearing on Mr. Schultz’s protest and then voted to deny Mr. Schultz’s protest.

The Circuit Court, Warren County, granted Lafarge’s Motion to Dismiss Schultz’s petition for review with prejudice, and Schultz appealed. The Court of Appeals held that property owner’s challenge to the denial by County Commission of his protest against approval of application for conditional use permit was not ripe for judicial review. LaFarge was represented by Dudley McCarter.


March 11, 2008

Appellate Win! Intermed v. Paul, No. ED 90179: The Missouri Court of Appeals for the Eastern District affirmed the Circuit Court of St. Louis County’s Order granting summary judgment to Respondent Intermed Insurance Company. Behr, McCarter & Potter, P.C. attorneys Richard J. Behr and Timothy J. Reichardt were counsel for Respondent.


January 29, 2008

Appellate Win! Lee Deering Elec. Co. v. Pernikoff Const. Co., Missouri Court of Appeals for the Eastern District of MO. Ammonia Master Refrigeration Ltd. (hereinafter, “Ammonia Master”) filed a plea in intervention against property owner St. Louis Mills Limited Partnership to foreclose on a mechanic’s lien it had filed against a subcontractor. St. Louis Mills filed a motion for judgment on the pleadings, which was granted by the St. Louis County Circuit Court and Ammonia Master appealed.

The Court of Appeals, affirmed finding that:(1) Ammonia Master’s failure to attempt to serve subcontractor with process barred it from recovering on mechanic’s lien it had filed against subcontractor, and (2) Ammonia Master’s petition omitted an essential element of its claim against the Mills for unjust enrichment, thus justifying dismissal of claim. Dudley McCarter represented respondent St. Louis Mills.


2007

2007 was a particularly good year for Behr, McCarter & Potter’s work in the courts of appeals. Two cases in which the firm successfully appealed an adverse ruling by the trial, and obtained a reversal of those adverse rulings, were included in Missouri Lawyers Weekly’s list of Most Important Opinions for 2007.

One of those cases was State ex rel. City of Jennings v. Hon. John Riley, where Dudley McCarter and Ed Crites obtained a ruling by the Missouri Court of Appeals that under the municipal corporation statute, a St. Louis County municipality could only be sued in the county in which it was located.

In the other matter, The Roach Law Firm v. Edwards, Schramm, Watkins,et al., handled by Tom Hayek, the Court of Appeals reversed an adverse ruling by the trial court finding that a declaratory judgment was improper because the petition failed to show a justiciable controversy.

Contact Us

Behr, McCarter & Potter, P.C.
The Sevens Building
7777 Bonhomme Avenue
Suite 1400
St. Louis (Clayton) MO 63105

Tel: (314) 862-3800
Fax: (314) 862-3953