[Missouri-l] Update on Blind Pension lawsuit

[Chip Hailey]

For the listserv:
On May 4, 2009, our attorneys participated in a conference with attorneys for the
Department of Social Services, Family Support Division, convened by Judge Patricia
Joyce to consider the appointment of a special master, the task of accounting for
damages, the task of considering the elements of damages, the task of determining
the data available, the task of ascertaining what data may be archived or missing
or in non-computerized format, and the work that might need to be done to ascertain
the entirety of damages and individual claims.  The Department was ordered to prepare
in written format a description of its various data bases, the kind of information
it has on each data base, the format of each data base, whether the data bases can
be readily merged into one data base, whether some records exist only on paper and
whether these may be readily retrieved, the difficulty of archiving records, whether
some records may have to requested from other departments or from the U.S. government,
and whether some records may be missing altogether.  The Department is supposed to
furnish our attorneys with this information by June 5 so that our expert, Professor
Michael Alderson, Department of Finance, Saint Louis University School of Business,
can review the same and confer with our attorneys.  The Department is supposed to
designate one or more persons to meet with Professor Alderson in Jefferson City on
or about June 15 to actually see what is available on the computer programs and to
do what assessment he can.  A special master has not yet been appointed, but the
Judge did suggest James LaPlante.  Our attorneys will try to contact Dr. LaPlante
to see if he has an interest in serving and an availability.
After the meeting, Professor Alderson will advise as to the status of the documents
and computer programs.  The parties will work together to collate and manage the
data.  The attorneys have a conference scheduled with Judge Joyce from 1:00 to 3:00
on July 15.  The hope is that by that date some significant work will have been done
toward moving the accounting along.
The attorney general did say that he expected to file a motion with the Court asking
it to reconsider its decision regarding the statute of limitations and perhaps other
issues.  It has not yet filed anything.  Out attorneys will respond appropriately
if something is filed.  In the past, the attorney general has said that he will appeal
any decision that was adverse to the Department.  It remains to be seen what the
Department will do, having lost on appeal and now having lost on the statute of limitations
issue.  Our attorneys will keep us informed.
END OF STATEMENT
Deborah S. Greider
The Law Offices of Thomas E. Kennedy, III, L.C.
230 S. Bemiston Ave., Ste. 800
St. Louis, MO 63105
Ph#: 314-872-9041
Fax#: 314-872-9043
IL Office:
305 State Street
Alton, IL 62002
Ph#: 618-474-5326
Fax: 618-474-5331
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