Dysart Taylor Newsletter
Attorneys & Counselors, Established in 1934
Fall 2014
Table of Contents
Dysart Taylor Mediators and Arbitrators

Don Lolli recently completed the University of Missouri School of Law Mediation Training for Civil Cases which qualifies him to mediate disputes in Missouri Courts and the United States District Court, Western District of Missouri.

Dysart Taylor attorneys who are also qualified to provide mediation services are Bob Cotter, Pat McMonigle and John Wilcox. Bob Cotter also provides arbitration services.

Conferences & Events


USLAW Transportation Boot Camp

Sept. 4 - 5, 2014

Michael Judy and Mandy Ketchum attended the USLAW Transportation Boot Camp in Omaha, Nebraska.


Property Loss Research Bureau Regional Conference

Sept. 15 - 17, 2014

Kent Bevan attended the Property Loss Research Bureau Regional Conference in Minneapolis, Minnesota. 


Dysart Taylor Sponsored 2014 Arkansas Trucking Conference

Sept. 17 - 18, 2014
Dysart Taylor co-sponsored the 2014 Arkansas Trucking Conference which John Wilcox and Pat McMonigle attended.
Annual Conference of the Canadian Transport Lawyers Association 
Sept. 24 - 28, 2014
Ken Hoffman attended the Annual Conference of the Canadian Transport Lawyers Association in Halifax, Nova Scotia.

Journal of Commerce Inland Distribution Conference
Oct. 22 - 24, 2014
John Wilcox will be speaking at the Journal of Commerce Inland Distribution Conference in Kansas City, Missouri.

American Subcontractors Association Attorneys' Council Meeting
Oct. 24 - 25, 2014
Lee Brumitt will be attending the American Subcontractors Association (ASA) Attorneys' Council Meeting in Denver, Colorado.

Construction Law Exchange
Oct. 27 - 28, 2014
Lee Brumitt is attending the Construction Law Exchange presented by the US LAW NETWORK in Las Vegas, Nevada.

Builder's Association Estimating Academy
Oct. 30, 2014
Lee Brumitt is presenting a seminar at the Builder's Association Estimating Academy entitled, "Unlocking Retainage."

47th Annual Transportation Law Institute 
Nov. 7, 2014
Pat McMonigle and Ken Hoffman will be speakers at the 47th Annual Transportation Law Institute sponsored by the Transportation Lawyers Association which will be held in St. Louis, Missouri.
More information and a listing of past events are available on our Events page.

Featured Stories


Dysart Taylor Invited to Join US LAW NETWORK

Dysart Taylor was recently invited to join and accepted as a member of US LAW NETWORK ("USLAW"). USLAW is an international organization composed of nearly 100 independent, defense-based law firms with more than 6,000 attorneys covering the United States, Canada, Latin America, Europe, Asia, and Africa. It is comprised of highly rated law firms that are part of the organization by invitation only.


Amanda Pennington Ketchum Elected to the Missouri Bar Board of Governors
2014 photoAmanda Pennington Ketchum was elected to The Missouri Bar Board of Governors to represent District 12. She attended her first meeting as a Governor on Sept. 10 at the Missouri Bar's Annual Meeting in Kansas City. She also attended her last Missouri Bar Young Lawyers Council meeting during the Annual Meeting as the Immediate Past Chair of the Council.
Brumitt Accepts KCASA Associate Member of the Year Award
The law firm of Dysart Taylor Cotter McMonigle & Montemore, P.C. was named 2014 Associate Member of the Year by the Greater Kansas City Chapter of the American Subcontractor Association (KCASA). The award was presented to Dysart Taylor at the 18th Annual KCASA Industry Awards Banquet held on May 8, 2014. Dysart Taylor has been awarded the KCASA's Associate Member of the Year award for two consecutive years - 2013 and 2104.


Pat McMonigle Honored with Appointment to IADC
Pat McMonigle was honored in July with an appointment to membership in the International Association of Defense Counsel (IADC). The IADC membership is comprised of the world's leading corporate and insurance lawyers and insurance executives. They are partners in large and small law firms, senior counsel in corporate law departments, and corporate and insurance executives.
Announcing the Dysart Taylor Business and Estate Planning Law Blog

Dysart Taylor is excited to announce the launch of our new Business and Estate Planning Law Blog. The blog will discuss a variety of legal issues and updates geared towards small business, real estate, tax and estate planning. Our attorneys will periodically post blog entries not only discussing cutting-edge issues in the law, but also anecdotal stories discussing various experiences and lessons to be learned by clients and potential clients alike.

Missouri Supreme Court Holds Punitive Damage Cap on Common Law Claims Unconstitutional 


On September 9, 2014, the Missouri Supreme Court held that a punitive damages cap on a civil judgment to be unconstitutional. The offending statute, R.S.Mo. � 510.265, caps punitive damages at the greater of $500,000 or five times a net judgment. The statute and its limited actual-to-punitive damage ratio has been Missouri's status quo since its passage during the height of tort reform in 2005.

"New" Kansas Law: No State Income Tax to Pass-Through Entities


Ok, so maybe it's not that new anymore (the law was signed on May 22, 2012, and effective as of January 1, 2013), but we think some of the effects are just now starting to be realized. The law eliminates Kansas individual income tax on business income earned in pass-through entities. This includes sole proprietorships, partnerships, LLC's taxed as partnerships, and S-corps. So what are we seeing as recent effects of this law, and how can this benefit our clients?

Tips for Missouri Employers

By Don Lolli

  • Missouri Statute � 290.110 requires an employer who discharges an employee, with or without cause, to provide the employee his final paycheck on the day of the discharge. This does not apply to a commission-based employee whose duties include collection of accounts, care of stock or merchandise and similar activities where an audit is needed to determine the net amount due.
  • If a Missouri employer does not provide a final paycheck to a discharged employee, on written request for his paycheck, the employer has seven (7) days to pay the balance or be subject to a penalty. The penalty is that wages continue to accrue until paid for a maximum of sixty (60) days.
  • Under the National Labor Relations Act, employees have the right to engage in "concerted activities" including the right to discuss terms and conditions of employment with other employees. It is an unfair labor practice for an employer to restrict or deny this right. (Employers may want to review the company's Employee Handbook or rethink any unwritten policy or practice which does not conform).
  • The Equal Employment Opportunity Commission has issued guidelines against any overly-broad use of criminal background checks to screen potential employees, but does not prohibit the use of criminal background checks. The EEOC guidelines are complex and should be discussed with an attorney prior to adopting a policy for criminal background checks of potential employees.

Judy Welcomes Third Son


Michael Judy and his wife Mary Jane welcomed their third boy to their family on July 16, 2014. John Russell "Russ" weighed 8 lbs. 4 oz. and was 19 1/2 inches long. Mary Jane and Russ are both happy and healthy, and Hank and Charlie are happy to have a little brother to boss around!

Ketchum Attends Missouri Bar Summer Meeting


Amanda Pennington Ketchum attended the Missouri Bar summer meeting at Big Cedar Lodge in July as the Immediate Past Chair of the Young Lawyers Council. In addition to attending the Council and Affiliate Outreach Program meetings, she was able to enjoy the cowboy singer at the Buzzard Bar with fellow Missouri Bar board members and a dinner with entertainment provided by Judge Curless' band. Austin Dowling, also an elected member of the Young Lawyers Council, attended the summer meeting as well.

Wilcox Graduates from Notre Dame de Sion


Maggie Wilcox, daughter of John Wilcox, recently graduated from Notre Dame de Sion. She is now attending Truman State University. Truman State has been ranked as one of the top ten universities in the Midwest by U.S. News & World Report.

Montemore Graduates from the University of Colorado, Chooses Harvard for Postdoctoral Position


Matthew Montemore, son of Marty Montemore, graduated from the University of Colorado with a Ph.D. in Mechanical Engineering. He was offered postdoctoral positions at both MIT and Harvard. However, he chose to accept the offer from Harvard and will begin October 31, 2014.

Guinness Weds


On June 14, 2014, Dysart Taylor Associate Patrick Guinness and Stephanie Sommer were wed at Our Lady of Lourde's Parish in Raytown, Missouri.

Wilcox Learns to Scull


John Wilcox recently learned to scull at Wyandotte County Lake. Believe it or not, no one got wet.

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