Brydon, Swearengen & England

BSE Attorneys Named to The Best Lawyers in America

admin — Wed, 18 Aug 2010 19:30:21 +0000

Brydon, Swearengen & England P.C. is pleased to announce that James C. Swearengen, William R. (Trip) England, III, Gary W. Duffy, Paul A. Boudreau, Dean L. Cooper, L. Russell Mitten and Charles E. Smarr have been selected by their peers to be included in the 2011 edition of The Best Lawyers in America.

Charles Smarr is listed in the field of Food and Beverage Law. The other attorneys are all listed in the field of Energy Law. Trip England is also listed in the field of Communications Law.

The firm is Top-Listed in Missouri in Energy Law with six attorneys listed in this category and Top-Listed generally in Jefferson City with a total of seven listed attorneys.

Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 3.1 million confidential evaluations by the top attorneys in the country. Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor. Best Lawyers’ annual, advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.”

This year Best Lawyers partnered with U.S. News & World Report, the leading rankings publication in the U.S., to rank U.S. law firms. As a result, the Best Lawyers search engine now also appears on the U.S. News website.

Summary Judgement Granted to BSE Client

admin — Tue, 10 Aug 2010 19:31:10 +0000

On August 6, 2010, the United States District Court for the Western District of Missouri issued a decision in favor of Wright County, Missouri. BSE represented Wright County through its association with the Missouri Public Entity Risk Management Fund (MOPERM).

The plaintiff in the suit asserted a substantive due process claim under 42 USC §1983 and a negligence claim against Wright County and its former sheriff. The claims arose from an incident that occurred in 2004 at the Miller County Jail in Tuscumbia, Missouri. While working as a jailer, the plaintiff was taken hostage by two inmates and suffered injuries. One of the inmates involved was a Wright County prisoner who had been transferred from the Wright County Jail to the Miller County Jail.

Summary judgment was entered in favor of the Wright County defendants, with the Court finding that the “state-created danger exception” was not applicable. The Court also found that Wright County was entitled to the protections afforded by sovereign immunity and that the sheriff was entitled to the protections afforded by the doctrine of official immunity. The Court also concluded that the county’s purchase of liability insurance from MOPERM did not constitute a waiver of its sovereign immunity.

Wright County and its sheriff were represented by BSE shareholder Diana Carter and associate John Borgmeyer. Ms. Carter has a general civil and administrative law practice, as well as an appellate practice. She represents individuals, businesses, and municipalities throughout the state of Missouri.

The decision of the United States District Court for the Western District of Missouri is published at 2010 U.S. Dist. LEXIS 79628 (Case No. 07-4136-CV-C-MJW).

Mid America Brick & Structural Clay Products, LLC, Completes Initial Capitalization

admin — Wed, 09 Jun 2010 14:49:01 +0000

On June 1, 2010, Mid America Brick & Structural Clay Products, LLC, completed its initial capitalization, which will enable the company to commence operations manufacturing residential and commercial face brick at the former site of A. P. Green Refractories, Inc., in Mexico, Missouri. The company raised a total of approximately $21.9 million in debt and equity capital, which included loans guaranteed by the Missouri Department of Economic Development, the United States Department of Agriculture, and the Small Business Administration. Mid America also has qualified for tax credits under the federal New Markets Tax Credits program. Equity investors included Rand Capital SBIC, Inc., Environmental Liability Transfer, and several prominent individuals and companies from the mid-Missouri area.

Mid America’s new CEO, Frank Cordie, stated that “there has been a tremendous amount of dedication to bring this project through” and that he is “extremely pleased that we will be able to begin the work that will lead to redeveloping the area, re-opening this plant, and providing jobs for our community.” Within two years, the company expects to create as many as 80 new jobs.

BSE shareholder Russ Mitten represented Mid America in the formation of the company and throughout the financing transactions. Mr. Mitten, whose practice focuses primarily in the areas of corporate law, business transactions, and public utility/telecommunications regulatory law, brought more than 30 years of hands-on experience to his representation of the company from its inception, organization, and all transactions and negotiations related to the capitalization.

Empire Prevails at Southern District Court of Appeals

admin — Tue, 01 Jun 2010 22:38:36 +0000

On March 31, 2010, the Missouri Court of Appeals – Southern District recently issued a decision in favor of BSE client, The Empire District Electric Company.

The Missouri Office of the Public Counsel had brought suit in the Jasper County Circuit Court claiming amounts charged by Empire were in excess of its lawfully-approved rates. Empire moved to dismiss the case arguing, among other things, that the Public Counsel lacked statutory authority to bring or maintain such an action. The Jasper County Circuit Court granted Empire’s motion to dismiss, and the Public Counsel appealed. The Southern District Court of Appeals agreed with Empire that the Public Counsel lacks the statutory authority to maintain such a suit in a court of general jurisdiction and affirmed the decision of the Jasper County Circuit Court

Empire was represented by BSE shareholder Diana Carter. Ms. Carter has a general civil and administrative law practice, as well as an appellate practice. She represents individuals, businesses, and municipalities throughout the state of Missouri.

Hamblin to Speak to Young Professionals

admin — Tue, 25 May 2010 18:49:31 +0000

On Tuesday, June 15, 2010, BS&E shareholder Scott Hamblin will participate in a Legal Panel presenting Legal Advice for Young Professionals. The program is a Professional Development Seminar organized by the Jefferson City Area Young Professionals group associated with the Jefferson City Area Chamber of Commerce. Topics will include Family Law (divorce, wills, prenuptial agreements), Leases, Real Estate Transactions, Choosing a Business Entity, Non-Compete Agreements and a Question and Answer session.

Mr. Hamblin concentrates his practice in the areas of State and Federal criminal defense, personal injury law, and family law. Scott routinely practices in mid-Missouri Circuit Courts as well as the United States District Courts and is a member of the Association of Trial Lawyers of America and the Missouri Association of Trial Attorneys.

Smarr to Serve as Panelist for State Liquor Administrators

admin — Tue, 30 Mar 2010 00:09:08 +0000

Brydon, Swearengen & England shareholder Charles Smarr will serve as a panelist for a presentation to the National Conference of State Liquor Administrators’ 2010 Annual Conference in New Orleans. The Annual Conference will take place from June 20-24, 2010. Mr. Smarr will participate in a panel discussion entitled “Have Liquor Boards Lost Their Way? Are They Doing What They Were Set-up to Do?” Mr. Smarr practices primarily in the areas of alcohol beverage law and liquor licensing. He is a former supervisor of the Missouri Division of Liquor Control, Assistant Attorney General of Missouri and past president of the National Conference of State Liquor Administrators.

Smarr to Co-Chair Conference on Winery & Wine Distribution Law in the Midwest

admin — Tue, 16 Mar 2010 16:38:35 +0000

On April 15 and 16, 2010, BSE shareholder Charles E. Smarr will Co-Chair the conference Winery & Wine Distribution Law in the Midwest entering, surviving and thriving in the wine business (http://www.lawseminars.com/detail.php?SeminarCode=10WINEMO). Mr. Smarr will make a presentation entitled “Federal and State Case Law Update: Impacts of recent court decisions on the wine industry and retail sales, including Family Winemakers of California v. Jenkins; Siesta Village Market, LLC v. Perry; and, FWS, Inc. v. Franchot. He is a former supervisor of the Missouri Division of Liquor Control.

BSE shareholder Russ Mitten will also be speaking on “Setting Up Your Business Partnerships and Relationships: Choice of entity; tax structure; how to overcome typical challenges.”

This conference will provide up-to-date information on an array of regulatory requirements, new developments in legislation and case law, and emerging trends on a state and national level. Attendees will gain immediate practical information such as how to pick the right business structure and avoid employment liability, as well as how to form effective strategies and practices for operations risk management and in-state and interstate marketing. The conference will take place at the Sheraton Westport Plaza Hotel St. Louis in St. Louis, Missouri.

Hamblin Makes CLE Presentation

admin — Tue, 02 Mar 2010 19:39:25 +0000

BSE Shareholder Scott A. Hamblin was recently a lecturer for The Missouri Bar’s Continuing Legal Education progam entitled “How To Series: Criminal Law.” Mr. Hamblin made a presentation concerning basic criminal procedure.

Mitten Selected for Historic Preservation Commission

admin — Tue, 18 Aug 2009 20:43:38 +0000

BS&E shareholder Russ Mitten was recently selected to serve as a member and secretary of the Historic Preservation Commission for Jefferson City. The purpose of the Historic Preservation Commission is to identify and safeguard sites, buildings, structures and objects which reflect elements of the city’s historic conservation, to foster civic pride, and to enhance the city’s attraction to tourists and visitors. The Commission has nine members who are Jefferson City residents and have an interest, competence or knowledge in historic preservation. Members are nominated by the Mayor and approved by the city council.

BS&E Lawyers Named to The Best Lawyers in America

admin — Wed, 12 Aug 2009 20:42:47 +0000

Brydon, Swearengen & England P.C. is pleased to announce that James C. Swearengen, William R. (Trip) England, III, Gary W. Duffy, Paul A. Boudreau, Dean L. Cooper and L. Russell Mitten have been selected by their peers to be included in the 2010 edition of The Best Lawyers in America. The firm is ranked #1 in Missouri in Energy Law, with six named attorneys listed in this category. Trip England is also listed in the field of Communications Law.

Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than 2.8 million confidential evaluations by the top attorneys in the country. Because no fee or purchase is required, being listed in Best Lawyers is considered a singular honor. Best Lawyers’ annual, advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.”