The Smith Law Firm, LLC, files consumer fraud suit against Innovative Spa Technologies, Inc., and others

The Smith Law Firm, LLC, filed on Friday a class action lawsuit against St. Louis Pool, Spa and Billiards, LLC, Innovative Spa Technologies, Inc. (doing business as "Spatec"), and others.  The suit alleges that the defendants defraud consumers by falsely claiming, in relation to their spas, that "all components are easily accessible and service friendly."  The defendants also falsely claim that the casement design of the spas "allows for easy access to interior systems."  Named plaintiff Jason Rich purchased his spa on June 26, 2010, for the sum of $4,650.  Less than one year later, after a component failed, a service technician hired by the defendants was required to cut a gaping hole in the side of the spa's casement, with a Jigsaw, in order to access and repair the component. The suit seeks injunctive relief, damages exceeding $25,000 on behalf of the class, and other relief.  For more information, please see Jason Rich v. St. Louis Pool, Spa and Billiards, LLC, et al., 11SL-CC04952 (St. Louis County Circuit Court).  For a copy of the the Petition, please click here.  

The Smith Law Firm, LLC, files invasion of privacy and negligence class action against BJC and Washington University

On Wednesday, Neil Smith of The Smith Law Firm, LLC, filed a class action lawsuit on behalf of named plaintiff Rita Barricks against Barnes-Jewish Hospital and Washington University.  Barricks was a patient at The Siteman Cancer Center at Barnes-Jewish Hospital (a joint venture between BJC and Washington University) in 2010 and 2011.  During the course of her treatment, and as a condition of treatment, Barricks provided the defendants with sensitive information, including her medical information, social security number, insurance information, and employment information.  The defendants stored this information, along with other sensitive information accumulated during the course of her treatment, on what was believed to be an unencrypted laptop.  The laptop also contained the same type of information belonging to other patients.  During the weekend of December 4, 2010, the laptop was taken by a thief and never recovered.  The defendants learned of the theft on or about December 4, but waited nearly two months to notify their patients by mail.  During this two-month period, Barricks experienced at least three instances of identity theft.  The lawsuit alleges the theories of negligence, negligence per se, invasion of privacy, breach of implied contract, unjust enrichment, unfair/deceptive merchandising practices, and breach of fiduciary duty.  For further information, please see Rita Barricks v. Barnes-Jewish Hospital, et al., 1122-CC08701 (Circuit Court of St. Louis, Missouri).  If you have questions regarding this case or any other laptop theft or data breach, please contact our office.    

The Smith Law Firm, LLC, reaches class-wide settlement in Jones, et al. v. Dollar Financial Corp.

Neil Smith of The Smith Law Firm, LLC, reached a class-wide settlement on behalf of the class of people who paid We the People of Greater St. Louis Incorporated to prepare legal documents.  Defendants in the lawsuit included Dollar Financial Corp. (NASDAQ: DLLR), We the People USA, Inc., and We the People of Greater St. Louis Incorporated.  The plaintiffs sought actual and punitive damages under the theories of unauthorized practice of law, money had and received, and violations of the Missouri Merchandising Practices Act.  

The plaintiffs entered into settlement negotiations only after two of the three defendants became insolvent and ceased doing business.  The primary defendant, We the People USA, Inc., also filed a voluntary bankruptcy petition during the proceeding.  Class members received payments ranging from $50 to $1,000, and all payments were funded by Dollar Financial Corp.  Nearly nine hundred class members received notices, and no class member objected to, or elected to opt out of, the terms of the settlement.  For more information please contact our office or see Philip H. Jones, et al. v. Dollar Financial Corp., et al., 09SL-CC04715.

The Smith Law Firm, LLC, wins defense summary judgment in equitable action to divide stock options

On March 17, 2011, Neil Smith of The Smith Law Firm, LLC, successfully obtained on behalf of our client a defense judgment in which the opposing party sought to recover an unspecified and large sum of money from our client (her ex-husband).  The plaintiff alleged that our client fraudulently failed to disclose that he owned more than 5,000 Monsanto stock options during their marriage.  She alleged that the value of the options exceeded $300,000, and contended that she was entitled to recover some or all of the options.  We filed a motion for summary judgment, which the court granted in its entirety.  The ruling effectively prevented the plaintiff from maintaining her lawsuit, and dismissed her lawsuit with prejudice.  For more information, please see Kristin M. Moore v. Thomas P. Moore, 10SL-CC03684 (St. Louis County).

The Smith Law Firm, LLC, announces that former law clerk passed USPTO exam and became eligible to practice patent law

Andrew "Drew" Smith, former law clerk of The Smith Law Firm, LLC, third-year student at New York Law School, and brother of Neil Smith, received notice from the United State Patent and Trademark Office (USPTO) that he successfully completed the USPTO registration examination.  Drew previously worked at the firm, providing IT support, legal research, and client support.  Successful completion of the exam, officially named the "Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office" and informally referred to as the "patent bar," allows Drew to act as a patent agent.  Upon completion of any state bar exam, he will automatically gain authorization to practice before the USPTO as a patent attorney.  According to a Wikipedia article, the pass rate typically ranges from 37% to 70%.