Wednesday, May 18, 2011

SLCRN Meet and Greet Presents "China's Lambert Hub: A Tremendous Opportunity for New Business" Featuring Paul McKee


St. Louis Contractor Referral Network (SLCRN) is excited to announce that Paul McKee of McEagle Properties will be its featured speaker for its fourth "Meet and Greet" event. Paul and Steve Stone will discuss their five year collaboration with a coalition of government entities that brought China's Midwest hub for the transport of goods to St. Louis. Paul and Steve will also discuss the impact that this development will likely have on the region and on the construction industry. This is an incredibly timely event that you will not want to miss.
In addition to the foregoing, there will be time to network and breakfast will be provided.
Date and Time: Friday, May 20, 2011 from 7:30 to 9:00 a.m. Location: Des Peres Lodge, 1050 Des Peres Road, Des Peres, MO 63131 (just off Manchester).
The last two events were attended by more than 150 group members. This event will likely be the best attended event yet. So, please RSVP to me at jblanner@bmplaw.com. Also, several people have asked if they could bring someone from their workplace or someone from the industry who is not a group members. Please note that the event is open to guests. So, if you have a guest you would like to bring, please e-mail me their name. Thank you and I hope to see you there.
View more event information at http://linkd.in/lpMH08 .  

Wednesday, March 9, 2011

Behr and McCarter named to Super Lawyers list

Behr and McCarter named to Super Lawyers list

(Left to right) W.Dudley McCarter and Anthony Behr.
Anthony R. Behr and W. Dudley McCarter, principals in the St. Louis law firm of Behr, McCarter & Potter, have been named to 2010's Super Lawyers in Missouri and Kansas.

The publication lists lawyers in more than 70 practice categories, using a selection process that combines peer nomination and evaluation with third-party research.

Behr, of Sunset Hills, was named in three practice categories: personal injury defense-medical malpractice, business litigation, and personal injury defense-general. McCarter, of Creve Coeur, was named to the practice category of business litigation.
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Friday, February 25, 2011

Announcement from St. Louis Contractor Referral Network

I am excited to announce that the St. Louis Contractor Referral Network has grown to over 1,400 members since it was formed about a year ago. At its inception, this Group was intended to serve as a forum for people in the greater St. Louis construction industry to network, gain and give referrals and gain valuable industry related information. So how have we done?

NETWORKING
In the last year, SLCRN has put on three tremendous networking events, which were attended by over 150 people each. Each of the events featured an area political, construction or economic leader. More recently, people have begun getting together in other capacities for happy hours, etc. In addition to this, the Discussion Page has served as a forum for Group members to promote other networking events.

REFERRALS

The Discussion Page has been filled with people looking for certain contractors, trades or material suppliers. In addition to this, many jobs have been posted. Companies have gained referrals and individuals have found employment as a result of these postings.

INDUSTRY RELATED INFORMATION

I have tried to contribute a number of articles on legal topics relevant to those in the industry. Others have done this on related topics. There have also been many helpful news articles and informative discussions posted. All of this has led to the exchange of valuable and timely industry releated information.

Based on the foreoing, I am certain that being a member of SLCRN has been worth the cost of membership (which is free). I want to encourage you, as members of the Group, to invite your industry connections to join.

You can easily send invitations to your St.Louis area construction connections by going to the main page for the group. At the upper right hand of the screen it says "Forward this Group". If you click this tab, it allows you to forward an invitation to join the group to people in your connections. You have to click the "In" icon and then select which connnections to send it to. You can also customize the message, which I would stronly recommend. You can also send an invitation to people who are not on LInkedIn by adding their e-mail address on the forward this group section.

If you have questions about the foregoing, please let me know.
Thank you for your participation in the Group and your assistance,

Joe Blanner,
Partner at Behr, McCarter & Potter, P.C. and founder of SLCRN

Tuesday, January 11, 2011

CROSS-EXAMINATION IS PERMITTED ON ISSUES RELEVANT TO THE WITNESS’S VERACITY REGARDLESS OF WHETHER THE SUBJECT OF THE FALSEHOOD IS MATERIAL


By W. Dudley McCarter


Elizabeth Mitchell filed a medical negligence action against Dr. Milton Kardesch, alleging that Dr. Kardesch deviated from the standard of care while treating her husband and that Dr. Kardesch’s negligence resulted in her husband’s death. One night, Mr. Mitchell had chest pains and a nightmare about death. The next morning, Mrs. Mitchell called Dr. Kardesch, who was her husband’s internist. She spoke with Dr. Kardesch’s medical assistant and relayed the previous night’s occurrence. Dr. Kardesch’s medical assistant testified that she could not specifically recall Mrs. Mitchell’s call, but that she believed she told Mrs. Mitchell to take her husband to the emergency room because of the chest pain. Dr. Kardesch testified that he remembered Mrs. Mitchell’s call and that he had instructed his assistant to tell her to get her husband to the emergency room. Mrs. Mitchell testified that she was never instructed to take her husband to the emergency room. Fourteen days later, Mr. Mitchell again felt tightness in his chest and went to the hospital. He died the next day from complications arising from myocardial infarction and arteriosclerosis. The trial court prohibited Mrs. Mitchell’s counsel from impeaching Dr. Kardesch with his interrogatory answer in which he had denied that his license had been suspended or revoked.

IN PERSONAL INJURY ACTION, EVIDENCE MAY BE
PRESENTED ON THE VALUE OF MEDICAL TREATMENT
RECEIVED TO REBUT PRESUMPTION THAT MEDICAL
EXPENSES ARE LIMITED TO THE AMOUNT ACTUALLY PAID


By W. Dudley McCarter

Delmar Teasley drove his vehicle into the back of a line of vehicles stopped at a traffic signal, causing the vehicle behind Edith Deck to collide with her vehicle. Deck sustained injuries in the collision and underwent surgery, physical therapy and other medical care. Deck was billed $27,991 for her treatment, but the amount actually paid for her treatment, after adjustments, was $9,904. Payments were made by Medicare, supplemental insurance and by Deck. Before the trial on her suit against Teasley, Teasley filed a motion to determine the value of her medical treatment pursuant to Section 490.715.5. At the hearing on Teasley's motion, Deck presented testimony from three individuals who previously or currently worked in healthcare positions involving the cost of providing medical services. Each testified that the amount billed to Deck for her medical treatment was customary, fair and reasonable. They also testified that the face value of the bills was the value of the medical services provided, not the amount reimbursed by Medicare.

Sewer Connection Fee Ordinance was not an Unconstitutional Special Law


By W. Dudley McCarter

In 1996, the City of Sullivan developed a plan to improve its sewer system and install new sewer lines in areas that previously had no sewer access. The City submitted a $3.3 million dollar revenue bond to fund the sewer project, which was approved by the voters. The City adopted an ordinance that established higher sewer connection fees for properties located in areas that did not have sewer service prior to the 1996 improvement project. The sewer connection fees for properties in the new area would be $3,750 (for a gravity connection) or $4,250 (for a pressure connection), compared to connection fees in the existing sewer system area of $60.00 or $75.00, respectively. Judith Ann Sites, who owned property located in an area that previously did not have sewer access, challenged the ordinance as a “special law,” in violation of Missouri Constitution article 3, §40(30). When Sites refused to pay the connection fee, the City filed suit against her. She asserted that the ordinance wrongly created an improper subclass within the larger class of “all new sewer connections” by treating disparately sewer connections for properties located in the newly sewered areas. The trial court entered judgment in favor of the City and the Supreme Court of Missouri affirmed in City of Sullivan v. Sites, No. SC90866 (Mo.banc 2010).

Monday, January 3, 2011

A Prescription for the Physician-Don’t Meet With Defense Counsel Privately When Your Patient is in a Law Suit


By Stacy G. Jackson


If you are a health care provider practicing in Missouri, you probably have been or will be a witness in litigation. Workers’ compensation claims, personal injury or medical malpractice; chances are one of your patients has filed a personal injury claim. As a treating physician or health care provider, your opinions are vital. After you receive medical authorizations and records requests, your office will probably receive a phone call from the attorneys for the defendant, wanting to know what you know about your patient in regard to the litigation. They may even tell you that this is a good way to avoid a deposition: an informal meeting just to get your opinions. It seems easier than a deposition and, after all, it is perfectly okay in Missouri. Or at least, it was!