Consumer Plaintiff and her national consumer counsel sued our client alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, and Telephone Consumer Protection Act. After several months, plaintiff voluntarily dismissed her claim under the TCPA. Following written discovery and depositions, we moved to exclude the opinions of plaintiff’s expert witnesses, and then moved for summary judgment on plaintiff’s remaining claims.

The trial court substantially granted our Daubert motion to exclude the testimony of plaintiff’s experts on damages and liability. Importantly, the trial court excluded plaintiff’s expert testimony regarding hedonic (“reduction in value of life”) damages, which the expert valued at $340,097 to $972,065. Cramer v. Equifax Info. Servs., 2019 WL 4468945 (E.D. Mo. 2019). This ruling dramatically reduced the damages plaintiff sought by expert testimony, from almost $1 million down to $14,881.

The trial court granted our motion for summary judgment in its entirety. Cramer v. Equifax Info. Servs., 2019 WL 5188942 (E.D. Mo. 2019). The trial court then reaffirmed that decision by denying plaintiff’s motion to alter or amend the judgment. Cramer v. Equifax Info. Servs., 2020 WL 376289 (E.D. Mo. 2020).

After obtaining judgment as a matter of law for our client on all of plaintiff’s claims, the trial awarded our client costs in the amount of $10,406.97. Cramer v. Equifax Info. Servs., 2020 WL 887996 (E.D. Mo. 2020).

Plaintiff appealed the decisions granting summary judgment, refusing to alter or amend the judgment, and awarding costs. Prior to Plaintiff filing her brief, the parties settled, resulting in payment to our client.

For additional information regarding creditor’s rights, please contact Louis J. Wade (Co-Chair), or Ania W. Moncrief, of the Creditor’s Rights & Remedies Practice Area.

Case # 1 - Lou Wade

Consumer plaintiff filed suit, asserting a class action against our collection-agency client, in federal court in St. Louis. We obtained a ruling dismissing the case in its entirety.

After Plaintiff failed to pay his debt to AT&T, the creditor referred the bill to our client, who sent a letter stating, in part, “I INTEND TO REPORT THIS ACCOUNT ON YOUR CREDIT HISTORY AFTER 30 DAYS OF YOU RECEIVING THIS NOTICE.” The letter also said, “IF YOU ARE NOT PAYING THIS ACCOUNT IN FULL, CONTACT YOUR ATTORNEY REGARDING OUR POTENTIAL REMEDIES, AND YOUR POTENTIAL DEFENSES, OR CALL xxx-xxx-xxxx.
The putative class-action complaint alleged violations of the Fair Debt Collection Practices Act (FDCPA) and the Missouri Merchandising Practices Act (MMPA).

In granting our Motion to Dismiss, or in the alternative for Judgment on the Pleadings, the court found that the letter complied with the FDCPA because it neither improperly overshadowed nor mislead the consumer regarding his rights. The court rejected plaintiff’s claim that the letter made a threat of imminent suit and overshadowed his FDCPA rights. Finally, the court found no deception, fraud, or other violation of the MMPA. 
Hanford v. Franklin Collection Services, Inc., 2018 WL 2129612 (E. D. Mo. May 9, 2018). 

Case # 2 – Lou Wade and Ania Moncrief

Consumer plaintiff filed suit against our collection-agency client, in Kansas federal court. We obtained a ruling dismissing the case in its entirety and though granting Plaintiff’s motion for leave to amend, Plaintiff recognized the futility, and declined to do so.

After Plaintiff failed to pay his debt to AT&T, the creditor referred the bill to our client, who sent a letter stating, in part, “IF YOU ARE NOT PAYING THIS ACCOUNT IN FULL, CONTACT YOUR ATTORNEY REGARDING OUR POTENTIAL REMEDIES, AND YOUR POTENTIAL DEFENSES, OR CALL xxx-xxx-xxxx.
The complaint alleged violations of the Fair Debt Collection Practices Act (FDCPA), primarily for making a false threat of imminent suit.

In granting our Motion to Dismiss, or in the alternative for Judgment on the Pleadings, the court found that the letter complied with the FDCPA because nothing in the letter threatened an imminent or pending lawsuit. Recognizing the impending loss, Plaintiff asked for leave to amend, to claim that the letter falsely stated an intent to credit report. Based on the timing, the court found the Complaint asserted no claim, but allowed Plaintiff the opportunity to amend, if Plaintiff could allege, in good faith, a lack of intent to credit report. Plaintiff declined to amend, allowing the dismissal. As a result, dismissal stands as the final ruling. 
Covington v. Franklin Collection Services, Inc., 2016 WL 4159731 (D. Kan. Aug. 5, 2016). 

For additional information regarding creditor’s rights, please contact Louis J. Wade (Co-Chair), or Ania W. Moncrief, of the Creditor’s Rights & Remedies Practice Area.

COVID-19 Update

McDowell Rice will continue to serve our clients’ legal needs through the evolving coronavirus (COVID-19) challenges. We remain committed to providing the same excellent legal counsel and client service we strive to deliver every day.

During the COVID-19 crisis, you may have more legal questions and concerns than ever. McDowell Rice is here to help you. You can reach us by phone (816-753-5400) or email as always. Our technology allows remote work with full access to resources used to advise clients.

McDowell Rice is carefully monitoring the ongoing COVID-19 developments. This page will contain alerts and updates related to the virus and any impact on businesses. The laws are currently changing and evolving each day.

For more than 70 years, our priority has been to work hard for our clients to help them run their businesses, operate their banks and navigate the complexity of their individual situations. The challenges we all face now are complex and we remain committed to that priority, especially when our clients need us most.

-Kristie Remster Orme, President

COVID-19 Task Force

R. Pete Smith, Chairman
Kristie Remster Orme, President
Ronald S. Bronstein
Adam Gasper
Michael Gorman
Scott Long
Robert D. Maher
Rebecca Martin

Links

CDC: https://www.cdc.gov/coronavirus/2019-ncov/
Families First Coronavirus Response Act (“FFCRA”) Employer Paid Leave Requirements: ​https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave
Federal Government Response to COVID-19: https://www.usa.gov/coronavirus
Kansas City, Missouri Department of Health Updates: https://www.kcmo.gov/city-hall/departments/health/coronavirus
Kansas Department of Health and Environment Updates: https://govstatus.egov.com/coronavirus
IRS: https://www.irs.gov/coronavirus
Missouri Department of Health and Senior Services Updates: https://health.mo.gov/living/healthcondiseases/communicable/novel-coronavirus/
OSHA: https://www.osha.gov/Publications/OSHA3990.pdf
Payroll Protection Program (“PPP”) SBA Loans: ;https://www.sba.gov/funding-programs/loans/paycheck-protection-program-ppp
U.S. Chamber of Commerce: https://www.uschamber.com/coronavirus-response-toolkit
U.S. Department of Labor COVID-19 Information: https://www.dol.gov/agencies/whd/pandemic
U.S. Department of Labor FMLA Guidance: https://www.dol.gov/agencies/whd​/fmla/pandemic
U.S. Department of Labor Information Regarding the Families First Coronavirus Response Act (FFCRA): https://www.dol.gov/agencies/whd/ffcra
US Treasury Updates Guidance on PPP Program (April 6, 2020): https://home.treasury.gov/system/files/136/Paycheck-Protection-Program-Frequenty-Asked-Questions.pdf
WHO: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/events-as-they-happen

McDowell Rice Smith & Buchanan is pleased to announce the recent addition of Colby L. Rieke, Shareholder to its Family Law & Divorce Group.

Mr. Rieke is an experienced domestic relations attorney focusing on family law and divorce with more than 15 years of extensive experience in both Kansas and Missouri. Mr. Rieke has successfully represented hundreds of clients in divorce, paternity, child custody, child support, and maintenance (alimony) cases, for both mother and father. He is committed to advocacy with compassion, and with the intent to develop long-term relationships with his clients. His thorough, diligent, and analytical approach is met with tempered sensitivity to the benefit of each client. Mr. Rieke is also experienced in the areas of estate planning and probate. This experience provides great value when analyzing complex property divisions, business valuations, and the preservation of marital and non-marital assets.

Mr. Rieke holds the distinction of being named to the 2019 Super Lawyers® list in the area of Family Law in Kansas and Missouri, and named to the Rising Star® list every year from 2014 through 2018. He is a member of the Firm’s Family Law & Divorce practice group, and the Wills, Trusts, & Estate Planning practice group. Mr. Rieke received his J.D. from The University of Missouri – Kansas City School of Law, and earned his B.A. in Business Administration with emphasis in Finance from the University of Kansas School of Business. He is licensed to practice in both Missouri and Kansas.

KANSAS CITY, Missouri (January 24, 2020) – At its 2020 Annual Meeting, McDowell Rice Smith & Buchanan, PC, announced the re-election of Kristie Remster Orme as President, and the re-election of R. Pete Smith as Chairman of the Board of Directors. Also re-elected to the Board of Directors were Thomas R. Buchanan and Greg T. Spies, and Susan Saper Galamba was newly elected to serve on the Board of Directors.

It was also announced at the Firm’s annual meeting that Thomas R. Buchanan will continue to serve as the Firm’s General Counsel in 2020 with Kristie Remster Orme continuing to serve as Associate General Counsel. Charles W. Smiley will continue to serve as the Firm’s Secretary, and Ronald S. Bronstein will continue to serve as the Firm’s Treasurer and Assistant Secretary.

Additionally, McDowell Rice is pleased to announce that Ania Wlodek Moncrief was elected as a Shareholder. Ms. Moncrief is a member of the Firm’s Banking & Financial Services, and Litigation & Dispute Resolution practice groups.

McDowell Rice Smith & Buchanan proudly congratulates its President, Kristie Remster Orme, on being named to Ingram’s List of 2019 Top Women Executives in Kansas City.

The 2019 Annual WeKC Women Executives and Legal Rainmakers were honored at a luncheon in November hosted by Ingram’s. Ms. Orme Chairs the Banking & Financial Services practice area and also practices in the Employment Law and Litigation & Dispute Resolution practice areas.  

For more information, see article in Ingram’s November 2019 Women’s Leadership issue at: https://ingrams.com/article/ingrams-2019-november-digital-edition/

Congratulations to the following McDowell Rice Smith & Buchanan lawyers who have been selected to the 2019 Missouri and Kansas Super Lawyers® and Rising Stars® Lists in their primary practice area. The announcement will appear in the 2019 Super Lawyers® Magazine for Missouri & Kansas, published November 13, 2019.

Super Lawyers® List:
Thomas R. Buchanan – Business Litigation
Susan Saper Galamba – Family Law
Michael J. Gorman – Business Litigation
Robert D. Maher – Creditor Debtor Rights
Jonathan A. Margolies – Bankruptcy Business
Tiffany A. McFarland – Family Law
Kristie Remster Orme – Business Litigation,
Colby L. Rieke – Family Law
R. Pete Smith – Business Litigation
Greg T. Spies – Business Litigation
Louis J. Wade – Civil Litigation Defense

Rising Stars® List:
Patrick C. Guinness – Construction Litigation

McDowell Rice Smith & Buchanan lawyers are versatile and tenacious advocates. They focus on efficiently solving business and financial issues through skillful negotiation and litigation, and getting the best results for their clients.

McDowell Rice has long been known for its expertise in commercial transactions, litigation and dispute resolution, construction and architectural/engineer law, bankruptcy and financial restructuring, banking and financial services, high-net-worth dissolutions of marriage, and complex matters related to family law.

Known in the legal community for their independent and entrepreneurial spirit, the firm’s attorneys have a long-standing reputation as one of the select go-to firms for businesses in difficult times. McDowell Rice attorneys practice nationwide and regularly appear in state and federal jurisdictions throughout the country.

In the first of four articles to be appearing in the Johnson County Bar Association’s monthly publication, The Bar Letter, Rebecca Martin and Mike Martin discuss the importance of well-being and share wellness advice to better balance a law practice. Click on the link to the first article appearing in the 2019 October publication of The Bar Letter: http://digital.breesepub.com/publication/?i=624193.

Should you require assistance with tax matters, whether in tax law, taxpayer representation, business planning and transactions, estate planning and probate, or otherwise, please contact one of the Chairs of the Firm’s Tax Law Group:

Ronald S. Bronstein

Rebecca Martin

In the second of four articles to appear in the Johnson County Bar Association’s monthly publication, The Bar Letter Rebecca Martin and Mike Martin discuss the importance of Cultivating Resilience to better balance a law practice. Click on link to the second article appearing in the 2019 November publication of The Bar Letter: http://digital.breesepub.com/publication/?i=634231&p=&pn=#%22{%22issue_id%22:634231,%22page%22:0}%22

Ms. Martin Co-Chairs the Tax Law practice group, and is a member of the Family Law & Divorce, and Wills, Trusts, & Estate Planning practice groups.

In the third of four articles appearing in the January 2020 Johnson County Bar Association’s monthly publication, The Bar Letter, Rebecca Martin and Mike Martin discuss the importance of well-being and share wellness advice to better balance a law practice. Click on the following link to access the article, “Mindful Communication and Civility”: http://digital.breesepub.com/publication/?i=642847&ver=html5&p=17#{%22page%22:16,%22issue_id%22:642847,%22publication_id%22:%2253730%22}

McDowell Rice congratulates Rebecca Martin on her nomination to become a Fellow of the American Bar Foundation.  Selection as a Fellow is recognition of a lawyer whose career has demonstrated outstanding dedication to the highest principles of the legal profession and to the welfare of society.  Membership is limited to one percent of the lawyers admitted to practice in the United States and its territories and to a limited number of lawyers in international jurisdictions.

Congratulations to Hugh L. Marshall for obtaining the termination of an irrevocable testamentary trust, allowing him to procure nearly nine hundred thousand dollars for a client who was otherwise locked into receiving a mere fraction of that amount over his lifetime. The obstacles were considerable. There was a judgment over six decades old that interpreted the trust very unfavorably to the client, and literally scores of contingent beneficiaries opposed to the client’s attack on that judgment as void. After three years of litigation, negotiation and persuasion, Mr. Marshall was able to obtain a new judgment – this time terminating the trust entirely to give his client a large lump sum free and clear.