Latest News & Results


  • Greg Spies obtains a temporary restraining order

    McDowell Rice obtained a temporary restraining order in Johnson County District Court preserving the court’s jurisdiction and restraining the defendants and their two international law firms from pursuing a temporary restraining order in a later filed Georgia state court action seeking to prohibit McDowell Rice's client from enforcing its contract in the pending Kansas action.

  • Understanding the "vacancy” provisions in your building insurance policy

    The recent decision in Oakdale Mall Associates vs. Cincinnati Insurance Company, 702 F3d 1119 (8th Cir. 2013) reminds landlords to check their insurance coverage, especially for vacant buildings.  Oakdale shows that determining whether your building is vacant is a technical task.  “Vacancy” may permit your insurance carrier to assert reduced coverages or deny claim payment altogether.  The terms of your insurance policy control whether “vacant” buildings are covered.  You must understand the policy’s definition of “vacant”.

  • McDowell Rice Smith & Buchanan Announces 2014 Executive Board Members

    At its 2014 Annual Meeting, McDowell Rice Smith &  Buchanan, P.C., announced that Linda C. McFee was elected to the Executive Board along with the re-election of R. Pete Smith as Chairman, Thomas R. Buchanan as President, Brian J. Niceswanger, Kristie Remster Orme as General Counsel, and Louis J. Wade.

  • MRSB Volunteer Program – 2013 in Review

    Every year, our goal for the McDowell Rice Smith & Buchanan Volunteer Program is to achieve 100% participation, and we did so again in 2013 with every attorney and staff member volunteering their time for over 80 personally-selected charities.  In addition to our volunteer efforts, Firm members contributed and/or helped raise over $92,100  in support of  approximately 50 charities and various fundraising campaigns throughout the Kansas City area. 

  • Mike Gorman defeats NLRB unfair labor practice charge

    Client is a family owned fast food restaurant.  In August, 2013, several of restaurant’s employees struck as a part of the nation-wide fast food workers’ strike.  Following the one day strike, one striker, with union assistance, brought a NLRB unfair labor practices charge against restaurant.  Employee claimed that restaurant cut his hours and changed his duties as a result of his participation in the strike. 

  • Rebecca Martin achieves offer in compromise success

    During 2013, Rebecca filed Offers in Compromises for taxpayers which were accepted by the IRS compromising over $3.5 million in liabilities.  Of the Offers in Compromises accepted, three were accepted under effective tax administration / public policy criteria.

  • Salvation Army and United Way Charity "Calls to Action" Answered

    This year, McDowell Rice committed to a record-breaking number of adoptions, surpassing our former record. McDowell Rice also collected over $5,000 in donations during the 2013 United Way Campaign, slightly higher than last year's donations.

  • Rob Maher and Kristie Orme obtain $1.9 million judgment for bank against borrower

    After filing suit on behalf of a bank client against a borrower and a number of other lienholders for default under a commercial loan, Rob Maher and Kristie Orme successfully obtained summary judgment against the borrower and the junior lienholders for all amounts owed under the loan documents plus attorneys' fees and costs. The borrower and a junior lienholder opposed the bank's summary judgment motion on various legal grounds. Summary judgment was entered in favor of the bank for over $1.9 million.

  • Mike Gorman wins $1.2 million Summary Judgment for Floor Plan Lender in New York Federal Court “Out of Trust” case

    Lender floor planned an auto dealer in New York. Dealer sold cars out of trust and diverted $1.2 million of vehicle proceeds to personal use. Floor Plan Lender, represented by Gorman, sued Dealer in New York Federal Court for Replevin and Breach of Contract, and sued Dealer’s Guarantors for Breach of Contract.

    Dealer filed bankruptcy, and the Federal Court lawsuit continued against the Guarantors. Before taking any discovery, Floor Plan Lender filed a Summary Judgment Motion against the Guarantors, based only on Lender’s own records and affidavit. Guarantors resisted, challenging the accuracy of Lender’s evidence.

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