Dysart Taylor Newsletter
Attorney & Counselors, Established in 1934
In This Issue



On the Road with the

Second Amendment


The July edition of The Transportation Lawyer features an article, "On the Road with the Second Amendment," written by Dysart Taylor attorneys John Wilcox and Patrick Guinness. This article addresses how employment policies banning firearms in the workplace apply to transportation companies.

Conferences & Events


May 1-5, 2013

John Wilcox, Ken Hoffman and Pat McMonigle all attended the Transportation Lawyer's Annual Conference in Napa, CA.


May 10, 2013

John Wilcox spoke at the Joint Meeting of the Tort and Transportation Law Committees of The Missouri Bar in Jefferson City. The presentation was entitled, "Basics of Motor Vehicle/Trucking Cases."


July 11-14, 2013

Amanda Pennington Ketchum chaired the summer meeting of the Missouri Bar Young Lawyers Council at Big Cedar Lodge.


July 14-17, 2013

Pat McMonigle attended the American Trucking Associations General Counsel's Conference in Couer d'Alene, Idaho.


July 30, 2013

Dysart Taylor will be a hole sponsor for the Kansas 

City Transportation Association's golf tournament. Mike Judy will be playing in the event. 


Warning: Patent Trolling
By Robert (Bob) Cotter

Robert Cotter

One of our clients was recently involved in a patent lawsuit. Apparently, some individuals had purchased a patent which they contend gave them all rights relating to the rotation of images on mobile devices (i.e., iPhone, iPad, android, etc.). The owners of the patent filed dozens of lawsuits around the country against companies using this technology alleging infringement. 


Transportation Broker Prevails Against Claim of Negligent Entrustment

By John Wilcox


John Wilcox It is generally accepted that the case of Schramm v. Foster, 341 F.Supp.2d 536 (D. Maryland (2004), opened the door for personal injury/wrongful death plaintiffs to bring claims against transportation brokers after an accident with a motor carrier. In Schramm, the parents of a minor motorist who was involved in a collision brought personal injury actions against the motor carrier, the truck driver and C.H. Robinson, the company that brokered the shipment being transported by the truck driver.


Full Article >

Recent Changes in Law Makes Now a Good Time to Review Your Estate Plan

By Austin Dowling


Austin Dowling

The legislation passed in the early hours of 2013, the American Taxpayer Relief Act of 2012 (the Act), made substantial changes to a number of estate planning considerations. It has offered increased certainty in numerous estate planning areas, and for the first time in over a decade, these changes have no explicit expiration date. This allows greater certainty for clients and attorneys alike in achieving a clients' estate planning goals.


Full Article >

Missouri Comparative Fault

By Michael Judy


Michael Judy

Prior to the enactment of Section 537.067, Missouri was a pure joint and several liability jurisdiction. In pure joint and several jurisdictions, a plaintiff can recover all of his damages from any defendant regardless of the percentage of fault attributed to that specific defendant. As such, a plaintiff can recover his million dollar verdict from a defendant who is only 10% responsible for an accident, rather than trying to collect from a defendant who is 90% responsible for an accident, but is insolvent. 


Full Article >


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