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Hamblin Attends Family Law Conference

Scott Hamblin, Shareholder and attorney at Brydon Swearengen & England P.C. recently attended the Family Law Conference sponsored by the Missouri Bar Association. The three day conference covered a variety of subjects including, valuing small businesses in connection with divorce, financial issues in divorce unique to military service members, child custody, child support, bankruptcy in divorce, and legislative changes.  Judges throughout Missouri answered questions and provided guidance on a variety …


Mitchell Authors Article for MADA

  BSE Counsel Gregory C. Mitchell recently authored an article for Dateline MADA,  a publication of the Missouri Automobile Dealers Association. Mitchell’s article concerned the U.S. Supreme Court’s April 27, 2011 decision in AT&T Mobility LLC v. Conception, upholding the enforceability of class action waiver provisions in arbitration agreements.  Under such provisions, parties both agree to arbitrate their disputes, and waive the right to participate in class action lawsuits or class arbitrations. The …


Honesty and the Law — Key Factors for Success

Honesty is a key component of a successful attorney-client relationship. Your attorney should be candid with you – be it about legal fees, your chance of success, or any other aspect of the relationship – and you should be candid with your attorney. How important is being candid with your attorney? It is as important as telling your doctor or dentist where it hurts. Clients sometimes make the mistake of …


Faced with condemnation?

On June 24, 2011, BSE shareholder Diana Carter attended a continuing education course regarding eminent domain, inverse condemnation, and other property law matters.  BSE attorneys are able to assist property owners facing condemnation, as well as condemning authorities such as municipalities and utility companies.  If you have received a notice of possible condemnation or if you have any questions about property law matters, please call BSE at 573-635-7166 or e-mail …


Legal History Close to Home

Tinker (now a Missouri resident) v. Des Moines The Boonville Daily News profiled John Tinker, a Fayette, Missouri man who, as a high school student in the 1960s, petitioned the courts and instigated a groundbreaking case. In Tinker v. Des Moines Independent Community School District, the U.S. Supreme Court famously declared that students and teachers do not “shed their constitutional rights to freedom of speech or expression at the school …


DWI Conviction Upheld, but Reversed for Re-Sentencing

A conviction for driving while intoxicated (“DWI”) and resisting arrest was upheld where the Court of Appeals determined that there was evidence that defendant was driving his vehicle while intoxicated, albeit thirty (30) minutes expired before law enforcement made contact with the driver. The evidence presented at trial revealed that the Defendant had stopped his truck in a private driveway. The owner of the home saw defendant pull into her …


Quandt Participates in Chamber Internship Program

Matthew D. Quandt, a 2011 Summer Law Clerk at Brydon, Swearengen & England P.C., recently participated in the Jefferson City Area Chamber of Commerce Internship Initiative Program.  The program is designed to provide opportunities for interns to network and learn about the Jefferson City area. Matthew is preparing to enter his third year of law school at the Washburn University School of Law in Topeka, Kansas, where he is a …


Disability denied? Appeal!

Don’t be surprised if Social Security denies your claim for benefits. Most people’s initial claims are denied. The real question is:  What should you do now? One option is to submit a new disability application. The drawback of this approach, however, is that your new application will be considered by the same state Disability Determination Service (DDS) that denied your original claim. Simply re-applying does not improve your chances for …


Wiseman Organizes HALO Fundraiser

Erin Wiseman, member of Rotaract, organized the Togas and Tutus Jog Off to benefit HALO (Helping Arts Liberate Orphans) on Saturday, May 14, 2011. Rotaract is a professional organization founded for young professionals to promote responsible citizenship, professional skills, and to employ leadership. Erin Wiseman has a general civil practice that includes criminal law, family law and accident and injury law.


Shareholders Attend CLE

On May 10, BSE shareholders Johnny K. Richardson, L. Russell Mitten and Scott A. Hamblin attended a continuing legal education course at the Missouri Supreme Court entitled “The Constitution, the Supreme Court, and Judicial Decision-Making: A Historical and Ethical Perspective.” The CLE was presented by Supreme Court Judge Michael Wolff and MU Political Science Professor Emeritus Frederick Spiegel. Johnny K. Richardon practices in a wide variety of subject areas, including general civil …


Divorce: Court Ordered Sale of Marital Home

Even in this tough economy, divorce courts in Missouri continue to have the authority to order the sale of the marital home in a proceeding for dissolution of marriage.  In a recent opinion, the Court of Appeals, Western District of Missouri, held that a trial court has the authority to order the sale of the marital home in connection with a divorce so long as the judgment contains some limitation …


Divorce: Cheating Spouse

The physical and emotional betrayal inflicted by a cheating spouse is one of the main causes of divorce. The spouse suffering the extra-marital affair often desires punishment. Courts will punish the cheating spouse in certain circumstances by financially compensating the non-cheating spouse. The non-cheating spouse may also have an improved opportunity to obtain child custody. Every marriage is unique and the circumstances surrounding a person’s marital misconduct are also unique. …


Criminal law: Right to remain silent

A person arrested for a criminal offense, including driving offenses such as driving while intoxicated, has certain constitutional and statutory rights. Among those rights is the right to remain silent.  A law enforcement officer is not required to advise a person of the right to remain silent unless that person is arrested or detained and questioned by the officer. However, any statement volunteered to an officer can be used against …


BSE Attorneys Author Chapters in MoBarCLE Deskbook

The Fourth Edition of the MoBarCLE Missouri Administrative Law (2011) deskbook has been published.  The Missouri Bar states that “The Supreme Court of Missouri has noted that ‘administrative law is an increasingly important area of practice in Missouri.’ Weber v. Firemen’s Ret. Sys., 872 S.W.2d 477, 478 (Mo. banc 1994). . . . This two-volume book is comprehensive and covers a wide range of topics. It contains sample forms, checklists, …


Motion to Suppress

I recently obtained a favorable ruling following a hearing on a motion to suppress evidence and statements in connection with a traffic stop.  My client was arrested following a traffic stop for the criminal law violation of felony possession of a controlled substance.  I argued that the law enforcement officer violated my client’s rights under the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Section 10 and 15 …


Hamblin Serves as Panelist for Foster Parents

Scott Hamblin recently served as a panelist for the MBCH Children and Family Ministries Foster Care Services.  Mr. Hamblin addressed an audience of foster parents who were completing licensing requirements.  Mr. Hamblin discussed issues and answered questions concerning the court process and procedures for adoption, guardianship, and permanency planning.  Scott Hamblin is a shareholder with Brydon, Swearengen & England P.C.  He regularly represents individuals and families in guardianship and adoption proceedings.


Cole County DWI Court

Cole County, Missouri has a new program for individuals arrested for driving while intoxicated (DWI) creatively named the “DWI Court.”  The DWI Court was created following enactment of law by the Missouri General Assembly. Despite the statutory provisions allowing for participation in a DWI court by first time DWI offenders, only individuals with repeat DWI offenses will qualify for Cole County’s DWI Court program, and availability is limited. The DWI …


Hamblin to Serve as Attorney for Jaycees

Scott Hamblin was appointed to serve as legal counsel for the Missouri Jaycees for the 2011 year. The Missouri Jaycees is a not-for-profit corporation. The United States Junior Chamber (JCs or more commonly Jaycees) is a leadership training and civic organization for people between the ages of 18 and 41. Areas of emphasis are business development, management skills, individual training, community service, and international connections. Since the organization’s founding, Jaycees …


Borgmeyer wins benefits for disabled clients

On January 19, 2011, John Borgmeyer, an attorney from Brydon, Swearengen & England’s firm, helped a client prove her case at an appeals hearing before the Social Security Administration. The client suffered from severe and recurring depression as well as anxiety that prevented her from working her job. In the past, Borgmeyer has also successfully represented clients disabled by serious physical injuries as well as mental conditions like Attention Deficit-Hyperactivity …


Happy Holidays & Happy New Year

May peace, prosperity, and happiness be yours throughout the holidays and new year. From all of us at Brydon, Swearengen & England P.C.


James C. Swearengen named “Groundbreaking Lawyer of 2010” in state regulation and litigation by Public Utilities Fortnightly

James C. Swearengen of Brydon, Swearengen & England has been named a “Groundbreaking Lawyer of 2010” by Public Utilities Fortnightly for his work in the areas of state utility regulation and utility litigation. The magazine included Swearengen in its list of groundbreaking attorneys published in a November 2010 article entitled “Legal Battleground: 2010 Law & Lawyers Report.” The article indicates that utility companies face an uncertain regulatory atmosphere created by …


Hamblin Authors Desk Book Supplement

Scott Hamblin has authored the 2010 Cumulative Supplement to Chapter 1 entitled Chemical Test Refusal Cases which is being published by the Missouri Bar Association in its Missouri DWI Law and Practice desk book. The article provides in summary fashion legal opinions from the Missouri Courts of Appeal and changes in Missouri law governing situations involving a person’s refusal to submit to chemical blood alcohol test following an arrest for driving while intoxicated.  The …


BSE Spotlight: The Hammond Building

The storefront of Brydon, Swearengen & England’s office at 312 E. Capitol Avenue includes a window into Jefferson City history. The Hammond Building has been a part of downtown Jefferson City since C.G. Hammond built the structure as a grocery warehouse around 1910—about the same time the state capitol was under construction a few blocks away. The Goddard Grocery Company was one of the early tenants. In 1934, a local …


BSE named one of America’s “Best Law Firms” by U.S. News and World Report

U.S. News & World Report magazine has named Brydon, Swearengen & England P.C. as one of the best law firms in the United States. The recent article “Best Law Firms of 2010” listed BSE as a “Tier 1” law firm—the highest level—in the areas of Energy Law and Communications Law. To compile the rankings, the magazine surveyed thousands of clients, lawyers, law firm managers and recruiting officers. Client surveys collected data …


Hamblin Attends Family Law Conference

Scott Hamblin attended the 2010 Misosuri Bar Association Family Law continuing legal education conference concerning advance dissolution of marriage topics.  Topics for discussion included business interests and finances, marital and sexual misconduct and bankruptcy implications of divorce. Scott is a shareholder with Brydon, Swearengen & England P.C.  and concentrates his practice in the areas of State and Federal criminal defense, personal injury law, and family law. Scott routinely practices in …


BSE Attorneys Named to The Best Lawyers in America

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 …


Summary Judgement Granted to BSE Client

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 …


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

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 …


Empire Prevails at Southern District Court of Appeals

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 …


Hamblin to Speak to Young Professionals

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 …


Smarr to Serve as Panelist for State Liquor Administrators

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 …


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

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; …


Hamblin Makes CLE Presentation

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

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 …


BS&E Lawyers Named to The Best Lawyers in America

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 …


Smarr at State Liquor Administrators’ Conference

Charles Smarr recently attended the National Conference of State Liquor Administrators annual meeting in Nashville, Tennessee. Mr. Smarr was the moderator for the panel entitled, “21st Century Challenges for the Regulators”. Panelists were Murphy Painter, Commissioner of the Louisiana Office of Alcohol and Tobacco Control, Victoria Horton,Esq., President of the California Beer & Beverage Distributors, and Max Hess, Esq., of the law firm of Chorey, Taylor & Fine, Atlanta, Georgia. …


Hamblin Active in Family Law Matters

BSE shareholder Scott Hamblin has recently been active in bar activities associated with his Family Law/Divorce practice. In November of last year, Mr. Hamblin made a presentation for the Missouri Bar concerning the Basics of Dissolution of Marriage at a continuing legal education program entitled “Stepping Up and Stepping Out: The New Lawyer Experience.” More recently, on April 16, 2009, Scott attended the 2009 Family Law Symposium, an all day …


Smarr Presentation to State Liquor Administrators

In October, 2008, Charles Smarr, served as the moderator for a panel entitled, “How to Prepare for a 21st Amendment/Antitrust Lawsuit” at the National Conference of State Liquor Administrators Central/Western Region Meeting in Kansas City, Missouri. Panelists were Max Hess with the law firm of Chorey, Taylor & Feil in Atlanta, Georgia and Michael Madigan with the law firm of Madigan, Dahl & Harlan in Minneapolis, Minnesota. Central to the …


Mitchell Named General Counsel to Licensing Board

Greg Mitchell, Counsel to the Firm, has been named General Counsel for the Missouri Board of Therapeutic Massage.  Greg also serves as General Counsel for the Missouri State Board of Chiropractic Examiners, the Missouri Powersport Dealers Association and the Missouri Automobile Dealers Association.


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