Braddy v. Union Pacific Railroad Company
116 S.W.3d 645 (Mo.App. 2003)
The Missouri Court of Appeals affirmed a trial court’s order granting an injured railroad employee a new trial in an Federal Employees’ Liability Act (FELA) case. The appellate court affirmed that order, repudiating a contrary decision in another recent FELA appeal in order to reach that result. I represented the railroad worker in this appeal.
Kaplan v. U. S. Bank
2003 Mo.App.Lexis 367 (Mo.App. 2003)
The Missouri Court of Appeals affirmed a judgment for $650,000.00 actual damages caused by the unauthorized dumping of construction site debris on private property. The appellate court held that the plaintiffs had established the defendants’ liability for punitive damages and returned the case to the trial court for a new trial limited to determining the amount of punitive damages to be awarded. I was co-counsel for the plaintiffs in the appellate court.
United States v. Hart
324 F.3d 575 (8th Cir. 2003)
A federal trial court found that a man convicted of tax evasion had used “sophisticated means” in aid of the offense. The court imposed an enhanced prison sentence based on that finding. The United States Court of Appeals reversed the finding, vacated the sentence, and returned the case to the trial court for re-sentencing. I represented the defendant in the Court of Appeals.
Fischer v. Fischer
66 S.W.3d 43 (Mo.App. 2003)
A state divorce court awarded a wife alimony without considering funds that she could take from her IRA prior to reaching retirement age. Pursuant to Section 72(t) of the Internal Revenue Code, the distributions could be made without penalty for early withdrawal. The appellate court reversed the alimony award and ordered the trial court to consider the availability of those retirement funds. I represented the husband in this appeal.
United States v. Allen
536 U.S. 953 (2002)
The United States Court of Appeals had affirmed the conviction and death sentence of a man accused of bank robbery and murder. The United States Supreme Court vacated that ruling because the indictment obtained by government attorneys from a grand jury may have been defective. I represented the defendant in the Supreme Court and the Court of Appeals.
Keltner v. K-Mart Corporation
42 S.W.3d 716 (Mo.App. 2001)
The plaintiff in a personal injury case had won a substantial verdict after a jury trial. The trial court set aside the verdict after finding that a juror had withheld information about his own litigation experiences. The Missouri Court of Appeals reversed that order and reinstated the verdict. I represented the plaintiff on appeal.
United States v. Lee
232 F.3d 556 (7th Cir. 2001)
A husband and wife owned their residence as tenants by the entireties. The husband was convicted of federal crimes and his property was held to be subject to forfeiture. The United States District Court eventually awarded the husband’s interest in the jointly-held marital residence to the federal government. The United States Court of Appeals held that it is improper to forfeit one spouse’s interest in marital property owned by the entireties. The forfeiture judgment was reversed. I represented the wife against the government.
Robinson v. Ahmad Cardiology, Inc.
33 S.W.3d 194 (Mo.App. 2000)
The Missouri Court of Appeals reversed a trial court’s order granting summary judgment to the physician-defendants in a medical malpractice case. The appellate court returned the case to the lower court for trial. I represented the patient in this appeal.
B. J. D. v. L. A. D.
23 S.W.3d 793 (Mo.App. 2000)
The trial court in a divorce case concluded that the spouses’ prenuptial agreement precluded an award of alimony to the wife. The Missouri Court of Appeals reversed that ruling. The trial court also had ruled that stock in the husband’s business was his separate property, not subject to division as part of the marital estate. The Court of Appeals reversed that ruling. The appellate court also reversed the trial court’s award of life insurance policies and other marital property to the husband and its order awarding a significant asset to the parties’ child for education expense. I represented the wife in the Court of Appeals.