March 14, 2014

Reported Decisions Litigated By Stuart R. Berkowitz

Following are some examples of the difficult and complex cases Mr. Berkowitz has handled during his long career helping victims. His extensive experience of representing individuals against government and large corporations has made him uniquely qualified to represent investors in securities matters:

A. Federal Reported Cases:

Glassman v. Sullivan, 901 F.2d 1472 (8th Cir., 1990)
Mr. Berkowitz represented a woman totally disabled seeking disability insurance benefits under Title II of the Social Security Act, 42 U.S.C., Sec. 401 et seq.

Schilligo v. Purolator Courier Corp., 824 F.2d, 660 (8th Cir., 1987)
Mr. Berkowitz represented a former employee regarding the Missouri Service Letter Statute, Mo. Rev. Stat. Sec. 290.140.

Jasperson v. Purolator Courier Corp., 765 F.2d 736 (8th Cir., 1985)
Mr. Berkowitz represented a former employee regarding the Missouri Service Letter Statute, Mo. Rev. Stat. Sec. 290.140.

Clark v. Heckler, 733 F.2d 65 (8th Cir., 1984)
Mr. Berkowitz represented a man whose social security disability insurance benefits under Title II of the Social Security Act, 42 U.S.C., Sec. 401 et seq. had been terminated.

Hickman v. Electronic Keyboarding, Inc., 741 F.2d 230 (8th Cir., 1984)
Mr. Berkowitz represented an individual who claimed discrimination under Title VII of the Civil Rights Act, 42 U.S.C. Sec. 2000e, et seq. and 4 U.S.C., Sec. 1981.

Costner v. U.S., 720 F.2d 539 (8th Cir., 1983)
Mr. Berkowitz represented a handicapped individual who claimed a violation of 49 C.F.R., Sec. 391.41 (b) (8) and the Equal Clause of the Fifth Amendment to the U.S. Constitution.

Carmi v. Metropolitan Sewer District, 620 F.2d 672 (8th Cir., 1980)
Mr. Berkowitz represented a handicapped individual under a claim under 29 U.S.C., Sec. 794 (R Sec. 504 of the Rehabilitation Act of 1973).

Fowler v. U.S., 633 F.2d 1258 (8th Cir., 1980)
Mr. Berkowitz represented a mentally handicapped person who claimed a violation of the Equal Protection Clause of the Fifth Amendment to the U.S. Constitution.

Gooley v. Convoy, 590 F.2d 744 (8th Cir., 1979)
Mr. Berkowitz represented several individuals under the Comprehensive Employment and Training Act of 1973 (CETA), 29 U.S.C., Sec. 801, et seq.

Turner v. Walsh, 574 F2d 456 (8th Cir. 1978) (affirming 435 F.Supp. 707 (W.D. Mo., 1977)
Mr. Berkowitz represented 44,774 individuals receiving AFDC who were adversely affected by a notice sent by the Missouri Department of Social Services.

Eckerhart v. Henley, 475 F.Supp. 908 (W.D. Mo., 1979), affirmed by the U.S. Supreme Court
Mr. Berkowitz represented the patients at a mental hospital in Missouri who had been denied health and mental care. Ultimately, the Supreme Court, in an historic case, addressed attorney’s fees in civil rights cases.

Thompson v. Walsh, 481 F.Supp. 1170 (W.D. Mo., 1978)
Mr. Berkowitz brought a class action concerning the processing of applications of AFDC.

Lambus v. Walsh, 448 F.Supp. 240 (W.D. Mo., 1978)
Mr. Berkowitz brought a class action concerning the hearing process of AFDC recipients within the Missouri Department of Social Services.

B. State of Missouri Reported Cases:

In the Matter of the Impeachment of Judy Moriority, 902 S.W.2d 273 (Mo., 1994)
Mr. Berkowitz represented the former Missouri Secretary of State in an historic, first time, impeachment trial before the Missouri Supreme Court. Related cases were State ex. rel. Nixon v. Moriarity, 893 S.W.2d 806 (Mo., 1996) and State v. Moriarity, 914 S.W.2d (W.D., Mo. App., 1996).

Schmersohl v. Trealor v. McHugh, 28 S.W.3rd 345 (Mo. App., E.D., 2000)
Mr. Berkowitz represented a CPA regarding a restrictive covenant in an employment contract.

Consolidated Financial Investments, Inc. v. Manion, 948 S.W.2d 222 (Mo. App., E.D., 1997)
Mr. Berkowitz represented customers in a securities arbitration. The financial advisor lost its claim that the customers’ claims were barred by statute of limitations.

Johnston v. Norell Health Care, Inc., 835 S.W.2d 565 (Mo. App., E.D., 1992)
Mr. Berkowitz represented a former employee claiming a restraint of trade in violation of Sec. 416.031.1 RSMo (1986).

Philadelphia Life Ins. V. Moffat, 783 S.W.2d 133 (Mo. App., E.D., 1989)
Mr. Berkowitz represented the surviving husband regarding a refusal to pay any benefits under a life insurance policy.

Wells v. The Missouri Property Insurance Placement Facility, 653 S.W.2d 207 (Mo. App. E.D., 1983)
Mr. Berkowitz represented a class of victims under a fire loss under the Missouri’s Value Policy Statute, Sec. 379.140 et. seq. (Mo. Rev. Statutes)

Mal Spinrad of St. Louis, Inc. v. Karman, Inc., 690 S.W.2d 460 (Mo. App., 1985)
Mr. Berkowitz represented a placement service that was not paid its commission.

Rice v. Lucas, 560 S.W.2d (Mo., 1978)
Mr. Berkowitz represented an evicted tenant who was denied a jury trial under the Missouri Constitution.

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