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Recent Developments
February 19, 2010
Jerome Dobson and Michelle Dye Neumann obtained a unanimous verdict in favor of a woman who formerly worked as a corrections officer for the state of Missouri. The plaintiff alleged that she was subjected to unwelcome sexual comments and conduct by a male co-worker and retaliated against after she complained about the harassment. She also alleged that she was forced to quit her job because of the continued harassment and retaliation. A jury awarded the plaintiff $275,000 for economic damages and emotional distress and assessed punitive damages against the state of Missouri in the amount of $1,000,000.
February 9, 2010
In a collaborative effort, several of the firm’s attorneys successfully convinced the Missouri Supreme Court to strengthen protections for employees who expose wrongdoing by their employers or refuse to violate the law.
In Fleshner v. Pepose Vision Institute, P.C., the Missouri Supreme Court, for the first time, explicitly recognized a cause of action for wrongful discharge in violation of public policy. Although most employees in Missouri are considered “at-will” employees and may be terminated for any reason or no reason at all, the court held that an at-will employee may not be terminated (1) for refusing to violate the law or a well-established and clear mandate of public policy or (2) for reporting wrongdoing or violations of law to superiors or public authorities. The court also held that to establish a claim of wrongful discharge in violation of public policy, an employee need only show that his or her protected activity was a “contributing factor” in the discharge decision, which is a much lower standard than the “exclusive cause” standard that other courts in Missouri had previously applied. The plaintiff, Michelle Fleshner, is represented by Jerome Dobson and Michelle Dye Neumann. Click here to read the decision.
In a related case, Keveney v. Missouri Military Academy, the Missouri Supreme Court held that a claim of wrongful discharge in violation of public policy applies equally to at-will employees and contract employees. Previously, the Missouri Court of Appeals had refused to extend such a claim to employees who have the benefit of a written employment contract. The Missouri Supreme Court recognized that there is no logical basis for treating contract employees differently than at-will employees and that the public interest is not adequately protected by limiting a contract employee to a breach of contract claim. The plaintiff, Michael Keveney, is represented by Gregory Rich and Michelle Dye Neumann. Click here to read the decision.
January 21, 2010
Jerome Dobson and Gregory Rich obtained a unanimous verdict in favor of a cardiologist who alleged that the medical practice for which he previously worked modified his compensation in violation of his employment contract. The jury awarded the plaintiff $329,166 in damages, which represented the amount that the defendant improperly withheld from his pay over a period of six and a half years.
October 29, 2009
Jerome Dobson and Jonathan Berns obtained a verdict in favor of a nurse who alleged that a physician for whom she had previously worked made false and defamatory statements about her work performance. From 2004 to 2005, the plaintiff worked as an Advanced Practice Nurse for a physician who specialized in the treatment of infectious diseases. Shortly after the plaintiff informed the physician that she was resigning to work for another infection diseases practice, the physician prepared a letter in which he accused the plaintiff of engaging in deficient patient care, unethical conduct, and other types of misconduct. The physician sent the letter to the Missouri Board of Nursing and each of the hospitals at which the plaintiff had nursing privileges. A jury found that certain statements in the letter were false and damaged the plaintiff’s reputation. The jury awarded the plaintiff $150,000 in damages.
October 26, 2009
Jerome Dobson, Jonathan Berns, and Gregory Rich have been selected for inclusion in the 2009 edition of Missouri & Kansas Super Lawyers magazine. For the second consecutive year, Mr. Dobson and Mr. Berns are included in the list of Super Lawyers and Mr. Rich is included in the list of Rising Stars. In addition, Mr. Dobson is included in the list of the top 100 lawyers in Missouri and Kansas.
September 8, 2009
Denise M. Portnoy joined the firm as an associate practicing in the area of employment law. Ms. Portnoy graduated from the University of Minnesota School of Law in 2009 and became licensed to practice law in Missouri in September 2009.
February 3, 2009
After a three-week trial, Jerome Dobson and Jonathan Berns obtained verdicts in favor of Dr. Joel Cooper on his claims of age discrimination and retaliation against Washington University in St. Louis. Dr. Cooper, a renowned surgeon who performed the world’s first successful lung transplant, alleged that Washington University attempted to force him to step down as Chief of the Division of Cardiothoracic Surgery when he turned 65 years old. After refusing to step down, Dr. Cooper alleged that Washington University removed his financial authority to manage his division, reduced his annual compensation, forced him to resign as Chief of the Division of Cardiothoracic Surgery, and attempted to force him to retire. Dr. Cooper also alleged that Washington University retaliated against him after he complained about age discrimination by failing to pay him money under a prior agreement. A jury awarded Dr. Cooper $325,000 in actual damages and assessed $200,000 in punitive damages against Washington University.
October 23, 2008
Three of the firm’s attorneys have been selected for inclusion in the 2008 edition of Missouri & Kansas Super Lawyers & Rising Stars magazine. Jerome Dobson and Jonathan Berns are included in the list of Super Lawyers and Gregory Rich is included in the list of Rising Stars. The selection process is based upon nominations from other lawyers and an independent evaluation of the nominees by the magazine’s publisher. Only 5 percent of the total lawyers in Missouri and Kansas are included in the list of Super Lawyers and only 2.5 percent are included in the list of Rising Stars.
June 30, 2008
The Missouri Court of Appeals reversed a trial court’s grant of summary judgment in favor of SSM St. Charles Clinic Medical Group in a breach of contract case brought by a cardiologist who was formerly employed by the medical group. The plaintiff, Dr. Stephen Comens, alleged that SSM St. Charles Clinic Medical Group modified his compensation in violation of his employment contract. The trial court found that Dr. Comens was precluded from pursuing a breach of contract claim because he continued to work for the medical group for more than six years after learning about the change in his compensation. On appeal, Jerome Dobson and Gregory Rich successfully argued that Dr. Comens’ claim was not barred because he repeatedly complained about the change in his compensation throughout the remainder of his employment and did not take any actions that were inconsistent with his breach of contract claim. Click here to read the decision.
January 31, 2008
Jonathan Berns and Michelle Dye Neumann obtained a verdict in favor of a former flight attendant of Trans States Airlines who alleged that she was fired in retaliation for reporting sexual harassment by a pilot. After a four-day trial, a jury awarded the plaintiff $378,500 in damages, which included $53,500 in compensatory damages and $325,000 in punitive damages.
December 18, 2007
The Missouri Court of Appeals found that a trial court erroneously granted summary judgment in favor of a long-term employee of DaimlerChrysler Corporation who alleged that the company discharged him because of his disability. The plaintiff, Gary Lomax, worked for DaimlerChrysler and its predecessor company for 34 years. The company fired Lomax in July 2003 for allegedly making false statements about his ability to work. Jerome Dobson and Gregory Rich convinced the Court of Appeals that there are factual questions as to whether DaimlerChrysler could have reasonably accommodated Lomax’s disability and whether the company’s articulated reason for discharging Lomax is credible. The Court of Appeals remanded the case to the trial court for a trial on the merits. Click here to read the decision.
October 9, 2007
Jerome Dobson and Michelle Dye Neumann obtained a verdict in favor of a former employee of Pepose Vision Institute who alleged that she was terminated from her job in violation of public policy. In 2003, Pepose Vision Institute was under investigation by the United States Department of Labor for possible overtime violations. Michelle Fleshner, the plaintiff, spoke to an investigator from the Department of Labor for approximately two hours and provided helpful information to the investigator. Two days later, Pepose Vision Institute terminated Fleshner’s employment. After a six-day trial, a jury awarded Fleshner $30,000 in compensatory damages and $95,000 in punitive damages.
July 19, 2007
After a four-day trial, Jerome Dobson and Jonathan Berns obtained a verdict in favor of Wayne Burrus, a former employee of HBE Corporation who alleged that the company had failed to pay him commissions that he had earned under the company’s sales commission plan. Burrus worked for HBE Corporation for 12 years and was one of the company’s most productive salespersons. After deliberating for less than two hours, a jury unanimously found that Burrus was entitled to commissions on eight different contracts that he had helped procure during his employment and awarded him damages in the amount of $550,234.65.
July 17, 2007
Gregory Rich and Michelle Dye Neumann obtained a unanimous verdict in favor of a teacher who was fired after reporting suspected hazing of a student. The plaintiff, Michael Keveney, was employed by the Missouri Military Academy in Mexico, Missouri, as an English teacher. When Keveney observed bruises on the arms of one of his students, he suspected that the student had been hazed by fellow students and reported the bruising to his superiors. Keveney also insisted on contacting the Missouri Division of Family Services to report the suspected abuse, which he was required by law to do. The Missouri Military Academy fired Keveney the same day that he reported his concerns. The jury found that the Missouri Military Academy did not have cause to fire Keveney under the terms of his employment contract and awarded him $13,300 in damages to compensate him for the income that he would have earned under the remainder of his contract.
December 15, 2006
After a week-long trial, Jerome Dobson and Michelle Dye Neumann obtained verdicts in favor of two former executives of Schuster Engineering who alleged that they were wrongfully discharged for reporting illegal conduct by the president of the company. The jury deliberated for approximately two hours before returning unanimous verdicts in favor of the plaintiffs. The jury awarded the plaintiffs a total of $1,400,000 in compensatory damages and $1,392,000 in punitive damages
November 28, 2006
The Missouri Court of Appeals has affirmed a judgment in favor of the head baseball coach at the University of Missouri-St. Louis (UMSL). James Brady, who has worked as the head baseball coach at UMSL since 1985 and is the most successful coach in the history of UMSL, brought claims of age discrimination and retaliation against the University and two individual employees under the Missouri Human Rights Act. In January 2005, a jury found in favor of Brady on his claims and awarded him a total of $1,275,000 in damages, which included $1,050,000 in punitive damages. The Court of Appeals found that public entities such as the University of Missouri can be held liable for punitive damages under the Missouri Human Rights Act and that there was sufficient evidence to support the jury's award of punitive damages against each of the defendants. Brady is represented in the lawsuit by Jerome Dobson and Gregory Rich. Click here to read the decision.
November 15, 2006
Jerome Dobson has been named one of the top 50 lawyers in St. Louis by Missouri & Kansas Super Lawyers magazine, which conducts annual surveys of lawyers throughout the country. The ranking is based on peer recognition and professional achievement.
November 1, 2006
Jerome Dobson and Michelle Dye Neumann obtained verdicts on behalf of two men who brought age discrimination claims against Material Handling Systems, Inc., and the company's owner. The plaintiffs, who are both in their 60s, alleged that the owner of Material Handling Systems made age-related comments about them and terminated their employment because of their age. After deliberating for a little over an hour, a jury found in favor of both plaintiffs and awarded them a total of $255,000 in damages.
October 24, 2006
Jonathan Berns successfully convinced the Missouri Court of Appeals to revive a breach of contract action filed against HBE Corporation. The plaintiff, Wayne Burrus, was employed by HBE as a salesman in the company's hospital building division. Burrus alleged in the lawsuit that he was entitled to commissions that he earned by helping to develop relationships with potential customers who ultimately decided to use HBE's hospital design and building services. HBE argued that it was not required to pay any commissions to Burrus because his employment ended before the sales contracts were finalized. The trial court agreed with HBE and entered judgment in favor of the company, but the Court of Appeals reversed the trial court's judgment and found that there are factual questions that must be decided by a jury. Click here to read the decision.
September 1, 2006
After a five day trial, Jerome Dobson and Michelle Dye Neumann obtained a verdict in favor of a woman employed by St. Louis Community College who alleged that she had endured years of sexual harassment by a male co-worker and that the college had failed to take appropriate action to end the harassment. The jury awarded the plaintiff $400,000 in compensatory damages and assessed an additional $450,000 in punitive damages against the college.
August 29, 2006
The Missouri Court of Appeals ruled for the first time today that individual employees may be held liable for discrimination under the Missouri Human Rights Act. The plaintiff, Tamara Cooper, filed a lawsuit against Albacore Holdings, Inc., and its Chief Executive Officer, Gordon Quick, alleging, among other things, that she had been subjected to unlawful sexual harassment. In reversing the trial court's decision to dismiss Cooper's claim against Quick in his individual capacity, the Court of Appeals found that Quick falls within the statute's definition of "employer" and may be held individually liable for sexual harassment. Cooper is represented in the lawsuit by Jerome Dobson and Michelle Dye Neumann.
Click here to read the decision.
June 23, 2006
Jonathan Berns was part of a panel of speakers at a seminar entitled "Missouri Employment Law & Practice: Winning Strategies," which was sponsored by The Missouri Bar. Mr. Berns discussed recent developments in employment law and presented practical advice for attorneys who represent employees in employment-related matters.
June 22, 2006
Steak 'n Shake has agreed to pay $180,000 to settle a sexual harassment lawsuit filed against it by Amanda Nichols and the Equal Employment Opportunity Commission. Nichols, who was represented in the lawsuit by Jerome Dobson and Jonathan Berns, alleged that she was subjected to sexual comments and unwanted touching by a male co-worker while she was employed at a Steak 'n Shake restaurant in Ballwin, Missouri, in 2002. Nichols was 17 years old at the time the harassment occurred and she alleged that managers at the restaurant ignored her complaints about the offensive conduct. The settlement requires Steak 'n Shake to revise its sexual harassment complaint procedures and provide training to certain management and human resources employees. Additional terms of the settlement are contained in a Consent Decree that was filed in the United States District Court for the Eastern District of Missouri.
Click here to read the press release.
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