General Blog
Simon Passanante lawyer Dawn Mefford named an Up & Coming Lawyer by Missouri Lawyers Weekly
Thursday, July 31st, 2008 by admin
NEWS RELEASE
July 31, 2008
St. Louis – Simon Passanante lawyer Dawn M. Mefford has been named a 2008 Up & Coming Lawyer by Missouri Lawyers Weekly.
The award is given to attorneys under the age of 40 who have dedicated themselves to the legal profession and merit recognition. A selection committee made up of Missouri Lawyers Weekly […]
Parents settle with defunct business and former salesman over fatal crash
Monday, May 19th, 2008 by Dawn Mefford
The parents of a man who was killed when his car was rear-ended by a salesman who was delivering a motorcycle for his defunct former employer have settled their wrongful death claim.
The key to settlement was showing that even though the former salesman volunteered to deliver the motorcycle on behalf of an employer that had […]
Patent infringement lawsuit filed against five online gaming companies
Tuesday, May 6th, 2008 by admin
NEWS RELEASE
May 5, 2008
St. Louis – A lawsuit has been filed in a St. Louis federal court against seven online-gaming companies alleging infringement of U.S. Patent No. 5,564,001, titled “Method and System for Interactively Transmitting Information Over A Network Which Requires Reduced Bandwidth.”
The suit was filed on April 25 in the United States District Court […]
Patent infringement lawsuit filed by St. Louis-based manufacturer US Ring Binder against retailer Staples
Tuesday, May 6th, 2008 by admin
NEWS RELEASE
April 29, 2008
St. Louis – A patent infringement lawsuit has been filed in a St. Louis federal court on behalf of St. Louis-based manufacturer US Ring Binder against the Framingham, Mass.-based retailer Staples.
Filed on April 25 in the U.S. District Court for the Eastern District of Missouri, as detailed in the complaint, US Ring […]
Are Wrongful Death Claims Subject to Arbitration Clauses Signed by The Decedent Under Missouri Law?
Thursday, April 17th, 2008 by John Campbell
Summary
Recently, in Lawrence v. Beverly Manor, No. WD 67920, 2008 WL 731561 (Mo. Ct. App. Mar. 18, 2008), the Missouri Court of Appeals for the Western District relied on a recent Missouri Supreme Court decision in holding that wrongful death claims are derivative, potentially subjecting them to arbitration if a clause was signed by the […]
Simon Passanante attorney featured in Missouri Lawyers Weekly
Thursday, April 10th, 2008 by admin
Simon Passanante attorney John Campbell was featured in the article “Consumer laws a boon to class action plaintiffs,” which appeared in the April 7 issue of Missouri Lawyers Weekly.
The front-page story discusses class action lawsuits that make use of the Missouri Merchandising Practices Act. The state consumer protection law, also known as an unfair and […]
Medical malpractice CLE
Wednesday, April 9th, 2008 by admin
Simon Passanante lawyer Amy Collignon Gunn is one of the featured instructors for the upcoming “Successful Medical Malpractice Suits” seminar.
Sponsored by the National Business Institute, the seminar is aimed at helping lawyers assess prospective cases from both the plaintiff and defense perspective, determining when and how to use expert consultants, identifying potential conflicts of interest, […]
News Release - AOL settles lawsuit over background “whisper ad” patent
Wednesday, April 2nd, 2008 by admin
NEWS RELEASE
April 2, 2008
St. Louis – A patent infringement lawsuit filed on behalf of Newport Beach, Calif.-based Creative Internet Advertising Corp. against AOL LLC over “whisper ad” technology that displays background images in instant messages and e-mails has been settled.
Last July, CIAC, a wholly owned subsidiary of Acacia Research Corp., filed a patent infringement lawsuit […]
FDEP wins Saufley Landfill lawsuit
Monday, March 31st, 2008 by Todd Hageman
Last Friday, the Florida Department of Environmental Protection won a lawsuit against the owner of the Saufley Landfill, the Pensacola News Journal reports.
Escambia County Circuit Court Judge Terry D. Terrell signed a final judgment order which allows the FDEP to take over the landfill’s closing and requires the owner, Louisiana Investment Group, to pay $677,397 […]
MLW’s article of the week
Thursday, March 27th, 2008 by admin
A $1.8 million judgment won by John Simon and Jeff Roseman of Simon Passanante is featured as Missouri Lawyers Weekly’s article of the week.
On Dec. 31, 2002, Tyrone McWell, a unit driver for U-Haul, was traveling southbound on Interstate 70/55 in St. Louis in a U-Haul truck. As he neared the Poplar Street Bridge, the […]
Florida residents join suit against owner of Joiner Landfill
Thursday, March 20th, 2008 by admin
NEWS RELEASE
March 20, 2008
Milton, Fla. – Forty-nine residents living near the Joiner Landfill have been added to a nuisance and negligence lawsuit filed against Milton-based Joiner Fill Dirt LLC.
The Joiner Landfill was opened as a repository for construction and demolition debris. After Hurricanes Ivan and Dennis, the landfill received gypsum-drywall debris, which produces hydrogen sulfide […]
Halliburton Arbitration Clause Update – Texas Court Shuts the Doors to Justice
Friday, March 14th, 2008 by John Campbell
Holding that, “[s]adly, sexual harassment, up to and including sexual assault, is a reality in today’s workplace,” a federal judge enforced a Halliburton arbitration clause that required employees to bring all claims in arbitration. (To read more click here) A few months ago I wrote a post about a woman who was sexually assaulted in […]
Bisphosphonate drugs and osteonecrosis of the jaw
Thursday, March 13th, 2008 by Todd Hageman
Bisphosphonate drugs help prevent bone resorption in patients with osteoporosis, or in patients with advanced forms of cancer that have metastasized to the bone. Resorption occurs when the bone breaks down and is absorbed into the blood stream. Bisphosphonate drugs, such as Fosamax, Aredia, and Zometa, among others, prevent this from occurring by affecting the […]
Resident angry that Massachusetts is not cleaning up Crow Lane Landfill
Thursday, March 13th, 2008 by Todd Hageman
In a scathing letter to the editor of the Newburyport News, resident Jim Stiles accuses the state of Massachusetts of not doing enough to clean up the landfill, and he accuses the state of tying the hands of city officials who want to help. He urges fellow residents affected by the toxic waste from the […]
Saufley Landfill ordered closed; nearby residents join lawsuit
Tuesday, March 11th, 2008 by Todd Hageman
NEWS RELEASE
March 11, 2008
Florida officials order hazardous landfill containing hurricane debris closed; nearby residents join suit against landfill owners
Pensacola, Fla. – The Florida Department of Environmental Protection has declared that the Saufley Landfill in Pensacola, Fla., is abandoned and will oversee the facility’s closure. In addition, 97 residents living near the landfill have been added […]
Saufley Landfill Ordered Abandoned!
Monday, March 10th, 2008 by Todd Hageman
As part of a team of environmental lawyers, I represent Florida residents who live near the Saufley Landfill in litigation against the landfill owners.
On March 4, the Florida Department of Environmental Protection issued an Order of Abandonment against Saufley’s owner, Louisiana Investment Group (LIG). The FDEP concluded that:
“LIG has failed to obtain the required permits to operate or close […]
Groundwater monitoring in Merrimac, Wisconsin
Friday, March 7th, 2008 by Todd Hageman
According to the Baraboo News Republic, state and federal agencies have agreed to install monitoring wells near the Badger Ammunition Plant in Merrimac, Wisconsin. Low levels of DNT, a chemical used in the production of explosives, have been detected in the groundwater.
Citizens for Safe Water Around Badger, a local activist group, want additional testing to […]
High Court’s 4-4 tie makes the latest preemption battle a draw
Thursday, March 6th, 2008 by Dawn Mefford
A handful of my posts have addressed the issue of federal preemption. You can read past blog posts from March 4, 2008, December 17, 2007, August 7, 2007. In general, preemption is a legal concept which dictates that state laws are inferior to federal law. Within the last decade, there has been a legal battle […]
Could you have to pay for a medical mistake?
Thursday, March 6th, 2008 by Dawn Mefford
In an online MSNBC story from February 29, (which can be read in full here) reporters found that more hospitals are crafting lists of mistakes that “should never have happened” for which they are not charging patients and insurance companies.
The change hasn’t come fast enough for two people interviewed by MSNBC. Kevin Baccam, of Urbandale, […]
Employment Tests as Pretext for Discrimination
Thursday, March 6th, 2008 by John Campbell
By John Campbell and Brian Connolly
All the time, employers are searching for new and more effective ways to improve their employee selection process and to ensure that they promote the most qualified employees. One method which employers have begun using more frequently in recent years to determine the skills of applicants and current employees is […]
Simon Passanante in Missouri Lawyers Weekly
Wednesday, March 5th, 2008 by admin
A $5 million judgment won by John Simon and Jeff Roseman of Simon Passanante is featured as the article of the week in Missouri Lawyers Weekly.
Simon and Roseman represented the family of Leonard Musgray. On Oct. 29, 2006, Musgray was riding a motorcycle and headed south on Hall Street in the city of St. Louis. A […]
Class action lawsuits against Aurora Dairy transferred to a St. Louis federal court
Thursday, February 21st, 2008 by John Campbell
NEWS RELEASE
Feb. 22, 2008
St. Louis – Four class action lawsuits filed on behalf of consumers against Aurora Dairy Corp. over the company’s sale of organic milk have been consolidated and transferred to a federal court in St. Louis.
The suits allege that the Boulder, Colo.-based dairy misled consumers into believing that the milk they purchased was […]
Fentanyl Patch Recall
Wednesday, February 13th, 2008 by Brad Tompkins
On February 12, 2008, Johnson & Johnson and Novartis AG’s Sandoz unit recalled their 25 microgram per hour fentanyl patches because of a flaw that could cause patients or caregivers to overdose on the potent drug inside.
Sold in the United States under the brand name Duragesic and generically by Sandoz Inc., the recall includes all […]
Simon Passanante lawyer Amy Collignon Gunn honored by Business Journal
Tuesday, February 12th, 2008 by admin
NEWS RELEASE
February 11, 2008
St. Louis – Simon Passanante lawyer Amy Collignon Gunn has been named one of the St. Louis Business Journal’s 2008 40 Under 40.
The listing honors professionals under the age of 40 for achievements in their careers and communities. Honorees are selected by a panel of the paper’s editors and former winners.
Gunn graduated […]
North Carolina Supreme Court strikes unconscionable arbitration clause in consumer loan contract.
Monday, February 4th, 2008 by Erich Vieth
In the January 25, 2008 decision of Tillman v. Commercial Credit Loans Inc., (2008 WL 201750; Cause No. 360A06), the North Carolina Supreme Court analyzed the arbitration clause inserted into a consumer loan contract by a large loan company and concluded that it was unconscionable and therefore unenforceable:
The inequality of bargaining power between the parties […]
New Missouri appellate court decision considers Merchandising Practices Act issues
Monday, February 4th, 2008 by Erich Vieth
The Missouri Court of Appeals for the Eastern District of Missouri has recently (January 29, 2008) issued an opinion clarifying several issues with regard to the Missouri Merchandising Practices Act (MMPA), Chapter 407. The case, Ullrich v. Cadco, ED 89395, involved a purchaser’s fraud claim against the seller of a modular home. The plaintiff-purchaser made […]
Simon Passanante lawyer John E. Campbell has been appointed the Missouri coordinator of the Public Justice Foundation.
Tuesday, January 29th, 2008 by admin
NEWS RELEASE
January 28, 2008
St. Louis – Simon۰Passanante lawyer John E. Campbell, 29, has been appointed the Missouri coordinator of the Public Justice Foundation.
The Public Justice Foundation is a network of more than 3,000 attorneys and public advocates dedicated to advancing consumer rights, preserving the environment, upholding civil rights and liberties, preventing toxic injuries, defending workers’ […]
Judge rebukes payday lender in case filed by Simon Passanante
Tuesday, January 29th, 2008 by John Campbell
When a judge ruled against payday lender Quik Cash in a suit filed by Simon Passanante over the enforceability of a class action–waiver provision, consumers were the ones who came out ahead.
In a 20-page opinion, St. Louis County Circuit Judge Richard S. Bresnahan wrote: “If a clause immunizes a defendant and paralyzes consumers, it is […]
Carbon Monoxide – A Silent Killer
Thursday, January 24th, 2008 by John Campbell
Please read this post to protect you and your family from the risk of carbon monoxide poisoning.
At Simon Passanante, through our clients and their cases, we’ve seen firsthand the dangers of carbon monoxide poisoning. One thing that stands out to us is that most people don’t know much about how carbon monoxide is formed, how […]
Arbitration Clause Prevents Rape Victim Jamie Jones from Day in Court – Halliburton
Friday, December 21st, 2007 by John Campbell
Jamie Leigh Jones, now 23, testified before the House of Representatives that she was gang raped inside the Baghdad Green Zone in July 2005 while she was working for the Halliburton subsidiary KBR Inc, which has support contracts with the US military.
Jones recounted a horrifying story of agreeing to have a drink with coworkers, taking […]
Misclassification and the FLSA – Who’s Exempt?
Friday, December 21st, 2007 by John Campbell
Under the Fair Labor Standards Act (FLSA), an employer has the ability to qualify an employee as “exempt” from the requirement that overtime be paid. However, there is obvious potential for abuse if an employer could qualify anyone as exempt, thereby avoiding the extra cost of overtime. As a result, the FLSA provides guidance as […]
Simon Passanante lawyer featured in Missouri Lawyers Weekly
Monday, December 3rd, 2007 by admin
Simon Passanante lawyer Todd Hageman was featured in the Missouri Lawyers Weekly article titled, “Landfill Litigators: When the wrong kind of garbage comes in, lawyers are hired to sort it out.” (A subscription is required to access the article.)
The Nov. 26 story outlined the procedures lawyers should follow when representing clients involved in landfill litigation. […]
Suit filed against suspected drunken driver accused of killing mother and son
Monday, November 19th, 2007 by Paul Passanante
NEWS RELEASE
November 16, 2007
Lawsuit filed against suspected drunken driver accused of killing mother and son
St. Louis – A wrongful death and personal injury lawsuit arising out of an alleged drunken-driving accident that killed Jean Olsen, 45, and her son Tobias, 17, was filed in Cole County Circuit Court today against Larry Welch.
On Sunday, Nov. 4, […]
Unpaid Overtime and Misclassified Employees – The Fair Labor Standards Act
Friday, November 16th, 2007 by John Campbell
The Fair Labor Standards Act (FLSA) touches on a number of different labor practices, but two issues have gotten the bulk of the attention in the last several years. (Click here to see the full act, provided by Cornell University Law School .) Both involve an employer’s tendency to underpay its employees, and both are […]
Medtronic Heart Defibrillators Recalled
Thursday, November 15th, 2007 by Amy Gunn
Minnesota-based Medtronic Inc. has recalled its heart defibrillators because of design problems with the electronic wires known as Sprintfedelis leads that connect the defibrillators to the patients’ hearts. The Medtronic defibrillators were implanted in more than a quarter-million patients. The wires can fracture causing them to malfunction. At least five deaths have been alleged to […]
Illinois Law Placing Caps on Noneconomic Damages Declared Unconstitutional
Thursday, November 15th, 2007 by Amy Gunn
On November 13, 2007, Cook County Circuit Court Judge Diane Larsen held that noneconomic awards in medical negligence cases violated the Illinois Constitution’s “separation of powers” clause. This decision follows a 1997 Illinois Supreme Court case that rejected caps on personal injury awards placed by the legislature in 1995. Judge Larsen’s decision is expected to […]
U.S. Supreme Court considering the enforceability of agreement to expand judicial review of arbitration
Monday, November 12th, 2007 by Erich Vieth
In a case argued before the United States Supreme Court on November 7, 2007, the United States Supreme Court heard oral argument on the issue of whether a “hybrid” arbitration was appropriate pursuant to the Federal Arbitration Act. Hall Street Associates, L.L.C. v. Mattel Inc. 196 Fed.Appx. 476, 2006 WL 2193411, **1 (C.A.9 (Or.) 2006).
In […]
How ineffective children’s drugs stayed on store shelves for years
Wednesday, November 7th, 2007 by Dawn Mefford
“If you are a desperate parent at 10 or 11 o’clock at night on a Saturday and your kid has a cold, what do you do? You go to the drugstore and see all this stuff on the shelves with pictures of babies and assume it must work.”—Wayne R. Snodgrass, professor of pediatrics at the […]
Railroads seek to close the courthouse door to those injured by trains
Sunday, October 28th, 2007 by Dawn Mefford
The corporations that operate America’s railroads are seeking to secure themselves a “get out of court free” card. The Federal Railroad Administration (FRA) has recently authorized a pending “safety” regulation that would bar lawsuits from victims of train wrecks caused by a railroad’s negligence. The regulation would declare all lawsuits filed by victims to be […]
Simon Passanante legal professional Susan A. Muszynski receives award
Thursday, October 18th, 2007 by John Simon
Simon Passanante legal professional Susan A. Muszynski has received the Award of Excellence from NALS of Greater St. Louis.
St. Louis – Simon Passanante is pleased to announce that Susan A. Muszynski has received the Award of Excellence from the NALS of Greater St. Louis.
NALS of Greater St. Louis is the local chapter of an association […]
Missouri Lawyers Weekly highlights $3 million settlement
Thursday, October 18th, 2007 by John Simon
This week’s issue of Missouri Lawyers Weekly includes a story about a $3 million settlement obtained on behalf of a Simon Passanante client.
The law firm represented the parents of a three-month-old infant who was receiving oxygen through an oxygen concentrator device. The baby died after a mixture of oxygen and baby oil ignited. It was […]
Class Action Targets Aurora Organic Dairy – Alleges Consumer Fraud
Thursday, October 18th, 2007 by John Campbell
Simon Passanante has taken the lead in a lawsuit against Aurora Organic Dairy. On October 5, 2007, Simon Passanante, on behalf of two clients, filed a class action lawsuit seeking certification of a nationwide class of consumers who purchased milk that was produced by Aurora. It is the first such lawsuit in the country. The […]
John Simon receives award from Legal Services of Eastern Missouri
Thursday, October 11th, 2007 by admin
John Simon, a founding partner of Simon Passanante, was honored last Friday by Legal Services of Eastern Missouri.
Simon has been a staunch supporter of Legal Services of Eastern Missouri, an independent, nonprofit organization that provides civil legal services to the low-income community. For that, he received the Special Service Award and was recognized as one […]
Missouri Lawyers Weekly highlights $5 million settlement
Thursday, October 11th, 2007 by John Simon
This week’s issue of Missouri Lawyers Weekly includes a story about a $5 million settlement obtained on behalf of a Simon Passanante client.
The client was an assistant elevator mechanic who was seriously injured when an elevator he was servicing began to rise suddenly. It was alleged the accident occurred because the elevator’s temporary control box […]
Drug Manufacturers Withdraw Children’s Over-the-Counter Cold Medicines
Thursday, October 11th, 2007 by Dawn Mefford
Drugmakers pulled a series of children’s cold medications off store shelves today, and parents are advised to do the same if their home medicine cabinets include infant medications containing decongestants and antihistamines.
Some of the withdrawn medicines include: Pediacare Infant Drops and Tylenol Concentrated Infant Drops (manufactured by Johnson & Johnson), Dimetapp Decongestant Infant Drops (manufactured […]
Independent Contractors in FedEx Uniforms?
Monday, October 1st, 2007 by John Campbell
When you see a FedEx worker walking down the street, or coming in the office, or driving in the truck, did you ever think they might not be FedEx workers at all? FedEx, in a long court battle, argued just that, saying that FedEx drivers were independent contractors. Thankfully, a decision issued August 13, 2007, […]
Elevator mechanic settles case for $5 million
Friday, September 28th, 2007 by John Simon
An assistant elevator mechanic who was injured when the elevator he was servicing suddenly began to rise pulling him up six stories, has settled his product liability lawsuit against the elevator company for $5 million. He was represented by John G. Simon and Amy Collignon Gunn of Simon Passanante and Chris Dysart of the Dysart […]
Railroad’s effort to erode FELA thwarted
Thursday, September 27th, 2007 by Paul Passanante
A railroad company’s attempt to use an injured worker’s disability payments to reduce a jury award was defeated last week in the Indiana Court of Appeals.
Simon Passanante lawyers Paul J. Passanante and Dawn M. Mefford represented the injured worker and thwarted the industry’s effort to erode FELA protections.
CSX Transportation and the Association of American Railroads […]
Accident-prone worker who hit motorist ends up costing employer
Tuesday, September 25th, 2007 by Dawn Mefford
A man’s fifth on-the-job car crash in three years not only injured a motorist, it also ended up costing his employer $600,000.
On Feb. 22, 2005, Mary Lou Russell was traveling west on Homer Adams Parkway, also known as Illinois Route 3, in Alton, Ill. Russell, 53, approached the intersection of Homer Adams Parkway and Seminary […]
Last week, oral arguments took place regarding the Constitutionality of medical malpractice caps for non-economic damages in Illinois
Tuesday, September 25th, 2007 by Dawn Mefford
On September 17, 2007, oral arguments took place in the Circuit Court for Cook County, Illinois regarding the constitutionality of the medical malpractice caps on non-economic damages passed by the Illinois legislature in 2005. This case, involving the negligent care rendered to infant Abigail Lebron and her mother, is the first to test the constitutionality […]
Illinois Appellate Court affirms jury verdict for negligent delivery and death of newborn.
Monday, September 10th, 2007 by Dawn Mefford
On August 2, an Illinois Appellate Court affirmed a jury verdict of $1.75 million for the negligent medical treatment and ultimate death of a newborn. At trial, the plaintiff alleged that her doctors negligently failed to diagnose Group B streptococcus (GB S) infection as well as macrosomia (significantly overgrown fetus). Defendants failed to perform the […]
A Brief Explanation of Yield Spread Premiums – Predatory Lending at Its Best
Wednesday, September 5th, 2007 by John Campbell
As I began to learn more and more about the mortgage industry, one of the fees that troubled me most was the Yield Spread Premium (YSP). The name alone made me scratch my head. “What is a yield spread,” I wondered. I’ve since learned what it is, and why a “premium” is associated with it. Below, […]
Federal jury in central Illinois awards brain damaged woman $15 million for injuries sustained as a result of defective motorcycle tire
Friday, August 31st, 2007 by Dawn Mefford
Last week, a jury seated in the Federal District Court of Central Illinois, decided that Goodyear owed plaintiff Trish McCloud more than $15 million for the brain injuries she suffered when the tire blew causing the motorcycle upon which she rode to flip. To read the Peoria Journal Star’s article on the verdict click here.
In […]
$13.5 million settlement featured in Missouri Lawyers Weekly
Wednesday, August 29th, 2007 by John Simon
A recent $13.5 million settlement reached in a case handled by John G. Simon of Simon Passanante is featured in this week’s issue of Missouri Lawyers Weekly.
According to Missouri Lawyers Weekly, the settlement on behalf of the families of two fathers killed in a highway construction zone crash is the largest personal injury settlement the […]
Simon Passanante lawyer Amy Collignon Gunn wins two awards
Monday, August 27th, 2007 by Amy Gunn
NEWS RELEASE
August 27, 2007
Simon٠Passanante lawyer Amy Collignon Gunn has received the Lon O. Hocker Award from the Missouri Bar Foundation and has been named an Up & Coming Lawyer by Missouri Lawyers Weekly.
St. Louis – Simon٠Passanante is pleased to announce that Amy Collignon Gunn has received the prestigious Lon O. Hocker Award from the Missouri […]
FTC lawsuit halts unauthorized debits regarding pre-paid stored-value cards
Thursday, August 16th, 2007 by Erich Vieth
On July 30, a U.S. District Court judge has issued an injunction barring commercial entities from marketing Visa- and MasterCard-branded stored-value cards that have allowed them to make unauthorized debits from the consumers’ bank accounts.
These bank-issued Visa- and MasterCard-branded stored-value (prepaid) cards were sold under a variety of names, according to the FTC. They were […]
SP lawyer files suit against Yahoo, Time Warner; featured in two IP Law 360 articles
Thursday, August 9th, 2007 by Anthony Simon
Attorney Anthony G. Simon of Simon Passanante was featured in two articles that appeared in the July 30 issue of IP Law 360.
Simon represents California-based Creative Internet Advertising Corp. in a patent infringement lawsuit filed on July 29 in a Texas federal court against Yahoo Inc. and Time Warner, parent of AOL. The first article […]
New study: Baby Einstein and Brainy Baby videos appear to hinder cognitive development
Thursday, August 9th, 2007 by Erich Vieth
Baby Einstein and Brainy Baby are now getting some bad publicity based on new research. It never really made sense to claim that allowing one’s baby to watch more TV is better. These two corporations have been hawking two products for years, but never produced any credible evidence establishing that tiny babies who watch TV get […]
Class action lawsuit filed against largest payday lender in the United States
Monday, August 6th, 2007 by John Campbell
NEWS RELEASE
August 6, 2007
St. Louis – A predatory lending class action lawsuit was filed today in Cole County against Advance America, the largest payday lender in the United States. At the heart of the lawsuit is the allegation that Advance America systematically traps customers in loans they cannot repay by violating Missouri law.
The suit was […]
A short history of usury laws and their (non)application to payday lenders
Friday, August 3rd, 2007 by Erich Vieth
The topic of usury laws and payday loans arises frequently these days. Payday lenders commonly charge more than 400% interest on their loans to desperate consumers. Why do I suggest these consumers are desperate? It’s because they are writing postdated checks to payday lenders, agreeing to give up a large chunks of their next paychecks, […]
Lead paint taint hits Fisher-Price
Thursday, August 2nd, 2007 by John Simon
The Associated Press reported today that Fisher-Price recalled nearly one million plastic preschool toys including Big Bird, Elmo, Dora, Diego and 83 other toy brands because of excessive lead paint.
In an increasingly familiar scenario, the toys were made in China and contained excessive amounts of lead paint. In June, RC2 recalled 1.5 million Thomas the Tank Engine wooden railroad […]
Family settles after worker crushed in baler
Wednesday, August 1st, 2007 by Jim Lemonds
The family of a man who died after his skull was crushed in a baler has settled a products liability suit against the baler manufacturer for $1.25 million. (Crigler, et al. v. International Baler Corp.)
Louis Crigler III, 34, worked at Value Village Store in St. Louis County, Mo. On Dec. 17, 2003, Crigler was using […]
California researchers link autism and pesticides
Tuesday, July 31st, 2007 by Todd Hageman
According to the San Jose Mercury News, a just-released California Department of Health study found that pregnant women exposed to pesticides were up to six times more likely to give birth to a child with autism. Nineteen pesticides were studied. It was determined that women living near cotton fields using pesticides with organochlorines had the […]
Bryan Garner’s new book tells attorneys how to deliver winning oral arguments
Tuesday, July 31st, 2007 by Erich Vieth
The subtitle to Bryan Garner’s new book could have been “The secret is lots of hard work.” After all, in order to deliver a winning oral argument, one must first prepare to deliver that oral argument. In preparing that oral argument, there is no substitute for critically thinking things through, then making sure that you have all […]
FDA keeps Avandia on the market despite heart attack risks
Tuesday, July 31st, 2007 by Todd Hageman
Yesterday, the FDA held an advisory committee meeting to determine whether the diabetes drug Avandia should be kept on the market after studies revealed serious side effects. The advisory committee concluded that Avandia poses elevated risks of heart attacks. However, the committee decided Avandia should remain on the market but with stronger warnings, the New York […]
Paul J. Passanante moderates legal seminar
Monday, July 30th, 2007 by Paul Passanante
Simon Passanante founder Paul J. Passanante was both the planner and moderator of a July 27 seminar sponsored by the Missouri Bar.
The full-day legal seminar, “The Defense of Medical Malpractice Cases after Tort Reform,” was held in St. Louis. The program reviewed the sweeping changes made in Missouri when House Bill 393 took effect in 2005. Passanante […]
George Orwell’s contributions to clear legal writing
Sunday, July 22nd, 2007 by Erich Vieth
Best known for his dystopia, 1984, George Orwell cared deeply about language. Judith D. Fischer reviewed Orwell’s contributions to the use of plain English in legal writing in “Why George Orwell’s Ideas About Language Still Matter for Lawyers.” Montana Law Review, Vol. 68, p. 129, 2007.
Fischer reminds us of the twin themes of Orwell’s Politics […]
Infant dies after static spark ignites oxygen and baby oil
Friday, July 20th, 2007 by John Simon
The parents of a three-month-old infant who died after a mixture of oxygen and baby oil ignited settled a lawsuit against the oxygen concentrator manufacturer and the supplier for $3 million.
John Doe was born on Dec. 10, 2004. His mother went into labor early and the baby was delivered at Barnes Jewish Hospital at 32 weeks gestation. […]
Missouri Court of Appeals holds its nose and forces consumers to arbitrate claim
Thursday, July 19th, 2007 by Erich Vieth
In Kirby vs. Grande Crown Travel Network (Missouri Court of Appeals for the Southern District of Missouri, case number 28091), the Missouri Court of Appeals was not happy that it had to force an elderly couple to arbitrate their consumer fraud claim against a vacation club. The June 18, 2007 opinion was written by Hon. […]
Arbitration Fairness Act of 2007
Thursday, July 19th, 2007 by John Campbell
I have written in the past about the growing use of arbitration clauses in consumer and employment contracts. Too often, these clauses are fine print additions to the contract that purport to prohibit the employee or consumer from resolving disputes in Court.
Senator Russ Feingold and Representative Hank Johnson have both filed bills in Congress to […]
Consumer Nationwide Class Action – A Refreshing Decision
Tuesday, July 17th, 2007 by John Campbell
In Hall v. Sprint Spectrum, an Illinois Appellate Court issued a decision which gives consumers and consumer attorneys a reason to celebrate. 2007 WL 1892679 (Ill. App. 5 Dist. 2007). In the June 27, 2007 opinion written by Judge Stewart, the court upheld the trial court’s certification of a nationwide class (48 states). This decision […]
Simon Passanante lawyer interviewed on Fox 2
Monday, July 16th, 2007 by Amy Gunn
Simon Passanante lawyer Amy Collignon Gunn was interviewed by Fox 2 reporter Roche Madden on July 12. The Fox 2/Missouri Lawyers Weekly segment highlighted a case in which Gunn represented the family of a couple who died after their motorcycle hit a loose construction zone barrel.
According to the news report, approximately 1,200 people were injured […]
Vioxx saga goes international
Thursday, July 12th, 2007 by Todd Hageman
Explosive new allegations that Vioxx is even more dangerous than was previously thought are roiling pharmaceutical giant Merck.
As the public waits for the official release of a new study conducted at the University of Oxford known as VICTOR, the Wall Street Journal gave a preemptive peak at the findings. According to the WSJ, the new […]
Another Wal-Mart Class Action is Certified – Hours and Wages Violations
Sunday, July 8th, 2007 by John Campbell
Wal-Mart (http://www.walmart.com/) has been sued in Missouri and many other states for allegedly forcing employees to work overtime without pay and encouraging employees to work through breaks and lunches while off the clock. A New Jersey Court recently certified a class of such employees in New Jersey. This came on the heels of decisions by […]
Title Loans Stores Often Engage in Predatory Lending
Thursday, July 5th, 2007 by John Campbell
Title loans are dangerous business. A person borrows money from a company, but in exchange they must give the title lender the title to their car and a copy of the key. If they don’t pay on time, they lose their car. Adding to the problem is the fact that title loans often carry annual […]
Ethical Class Action Standards
Thursday, June 28th, 2007 by John Campbell
In a recent deposition, Stuart Rossman, head of litigation for the NCLC, mentioned a set of class action guidelines that deserve highlighting. They emphasize ethical class actions that serve to protect consumers. The National Association of Consumer Advocates (NACA), has produced these guidelines in an effort to preserve the class-action mechanism as a means for vindicating consumer […]
Successful 2007 Simon Passanante Trial Practice Seminar
Friday, June 22nd, 2007 by Erich Vieth
On June 20, 2007, Simon Passanante sponsored its Third Annual Trial Practice Seminar, with the proceeds benefiting Legal Services of Eastern Missouri. This all-day seminar featured presentations by experienced trial attorneys on various topics relevant to trial practice. The seminar was completely sold out.
Speakers for the 2007 Trial Practice Seminar included:
* John G. Simon
* […]
Simon Passanante lawyer interviewed on KTVI-Fox 2
Thursday, June 21st, 2007 by Dawn Mefford
Simon Passanante lawyer Dawn Mefford was interviewed by Fox 2 reporter Roche Madden on June 20. The Fox 2/Missouri Lawyers Weekly segment highlighted a recent $265,000 settlement Mefford obtained for a woman who fell from a three-wheel motorcycle after hitting a dog that was running loose on the road.
“You’ve got to take control of your […]
Family of worker killed at construction site settles suit
Friday, June 15th, 2007 by Paul Passanante
Business owners who use “on-the-clock” workers for personal projects do so at their own peril. That was one of the lessons gleaned from a $1.5 million settlement in a wrongful death case handled by St. Louis attorney Paul J. Passanante. (Simpson v. Bender Family Limited Partnership Number One, et al.)
Martin Simpson, 42, was a construction […]
Consumer Alert: diabetes drug Avandia pulled from the market.
Thursday, May 24th, 2007 by Todd Hageman
As you know, the wildly popular drug Avandia may be in danger of being pulled from the market by FDA. Many believe Avandia to be the next Vioxx. It was mostly reported that Avandia may have presented an unreasonable risk of heart attack and death in patients for which it was prescribed. As the following […]
Simon Passanante featured in Forbes Magazine
Saturday, May 12th, 2007 by Erich Vieth
Simon Passanante recently appeared in Forbes Magazine in a piece titled “Law Firm Delivers Results in High-Stakes Cases.” The focus was the firm’s successes in handling intellectual property, antitrust and commercial litigation cases. For more: forbes-april-07.pdf
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Simon Passanante files five new lawsuits against subprime lender in St. Louis and Kansas City
Thursday, May 10th, 2007 by Erich Vieth
St. Louis – Missouri homeowners in four counties and St. Louis City sued Ameriquest Mortgage Company, the nation’s largest private subprime lender, alleging it engaged in predatory and abusive practices when refinancing their home loans.
Brought by 29 families, the lawsuits – filed May 9 in St. Louis City, Jackson County, St. Charles County and St. […]
New federal drug safety bill under consideration
Friday, May 4th, 2007 by Erich Vieth
Consumers Union is reporting on developments relating to a new FDA bill regarding drug safety:
Consumers Union is urging the Senate to approve strong prescription drug-safety provisions this week in a major Food and Drug Administration bill, and resist attempts to weaken the bill when it comes to triggering quick safety action or moderating mass advertising […]
U.S. Supreme Court rejects “strict approach” to obviousness under 35 U.S.C. 103: KSR Int’l v. Teleflex, Inc.
Wednesday, May 2nd, 2007 by Erich Vieth
In the Supreme Court’s recent decision in KSR Int’l v. Teleflex, Inc., 550 U.S. ___ (2007), the Court rejected the “strict” approach previously utilized by the Court of Appeals for the Federal Circuit and held that a determination of obviousness under 35 U.S.C. § 103 requires a broader inquiry. The Court held that the […]
Intro to the Simon Passanante Environmental Law Practice Area – by Todd Hageman
Wednesday, May 2nd, 2007 by Todd Hageman
I am happy to submit my first blog post for the Environmental and Toxic Tort page for the Simon Passanante website.
For this post I will be describing our Environmental and Toxic Tort practice. Simon & Passanante and I are part of an environmental litigation partnership that includes The Law Offices of Van Kirk McCombs, II., […]
Wholesalers qualify as “persons liable” under Missouri’s Consumer Fraud Act.
Wednesday, May 2nd, 2007 by Erich Vieth
In a decision released March 20, 2007 , the Missouri Supreme Court held that wholesalers are “persons” liable for violations of the Merchandising Practices Act (MPA).
In Gibbons v. J. Nuckolls, Inc., 216 S.W.3d 667 (Mo. 2007), the car buyer had sued an automobile wholesaler under Merchandising Practices Act (MPA), alleging that the wholesaler (Nuckolls) failed […]
Simon Passanante files class action against Missouri’s largest payday lender
Wednesday, May 2nd, 2007 by Erich Vieth
Simon Passanante has filed a class action against payday lender QC Financial Inc., which does business as Quik Cash at numerous locations throughout Missouri.The class-action suit alleges that Quik Cash has evaded complying with Missouri financial laws and regulations in making its payday loans to Missouri consumers. According to Erich Vieth, an attorney with Simon […]
Woman hit by train at hazardous crossing settles suit - brain injury causes permanent disability
Wednesday, May 2nd, 2007 by Erich Vieth
Confidential Settlement of Christina Bova v. Union Pacific Railroad Company, et al.
Submitted by John G. Simon and Amy Collignon Gunn of Simon٠Passanante, P.C.
The passenger in a car that was struck by a train at a railroad crossing with a history of malfunctions and accidents settled her suit after the court ruled she would be allowed […]
Truck Accident Practice Area
Wednesday, May 2nd, 2007 by Erich Vieth
Trying a lawsuit against a large trucking company isn’t easy. It takes a thorough understanding of the trucking industry. It takes special legal know-how and it takes dedication. If you’ve been seriously injured in an accident caused by a truck driver, Simon Passanante can help.
For almost 20 years, John Simon has dedicated his practice to […]
Simon Passanante’s Reputation as an Experienced Product Liability Law Firm
Wednesday, May 2nd, 2007 by Erich Vieth
Simon Passanante is well known for its success in handling product liability claims. In the past, our cases have involved a wide array of products, including defective factory and construction equipment, harmful drugs, hazardous chemicals and dangerous recreational equipment. In addition, we’ve handled medical device product liability claims both individually and as class actions. In […]
The Practice Areas of Simon Passanante
Tuesday, May 1st, 2007 by Erich Vieth
Since founding their law firm six years ago, Simon Passanante has expanded into more than twenty practice areas. At its founding Simon Passanante focused on catastrophic personal injuries. Those cases remain a substantial practice area. However, the firm’s practice areas now also include areas such as Environmental Law (an area headed by Todd Hageman), Commercial […]
Blogging the Law at Simon Passanante
Tuesday, May 1st, 2007 by Erich Vieth
Eight separate blogs are built into the new Simon Passanante website. According to attorney Erich Vieth, these blogs give the firm the ability to communicate informally with users of the firm’s website. The include the following: Environmental Law, Tort Law, Commercial Law/IP/Antitrust, Medical Malpractice, Consumer Law/Class Actions, Products Liability, SP Verdicts and Settlements and What’s […]
Using the Team Concept to Develop Cases
Tuesday, May 1st, 2007 by Erich Vieth
According to law partner John Simon, the firm of Simon Passanante uses a team concept extensively.
Any case that you pick in this office is being handled by a team that can consist of one or more attorneys, one or more paralegals, one or more secretaries, one or more law clerks, and the team really works […]
The Lawyers of Simon Passanante [As seen in St. Louis Magazine - January 2007]
Tuesday, May 1st, 2007 by Erich Vieth
The lawyers at Simon·Passanante try cases and they do it well. Law firm partner John Simon notes, “You have one shot trying your client’s case in front of the jury. You either win your case or you lose it. There is no substitute for experience.”
The firm has extensive courtroom experience representing businesses and individuals in […]
Simon Passanante settles complex copyright/antitrust suit concerning robotic tape library error code access.
Tuesday, May 1st, 2007 by Erich Vieth
After four years of protracted litigation, Fenton-based Custom Hardware Engineering & Consulting, originally sued for copyright infringement, received a cash settlement and promise not to sue from StorageTek, who had initiated the litigation, and its parent Sun Microsystems.
St. Louis – Even though Storage Technology Company (StorageTek or STK) originally filed a copyright and patent infringement […]
Simon۰Passanante Launches Innovative Video-Rich Website
Monday, April 30th, 2007 by Erich Vieth
St. Louis — St. Louis-based law firm Simon♦Passanante has launched a new, video-rich website that incorporates multiple blogs.
“The website is innovative and bursts with informative videos and law blogs,” says partner John G. Simon. “Our goal was to use multimedia to turn our firm inside out, to show others who we are and what we […]
Clients Deserve Results [As seen in Forbes Magazine - April 16, 2007]
Monday, April 16th, 2007 by Erich Vieth
According to John Simon, a partner at the law firm of Simon Passanante, “You have one shot trying your client’s case in front of the jury. You either win your case or you lose it. There is no substitute for experience.”
Founded in 2000, Simon۰Passanante has been described by the National Law Journal as one of […]
