Ortrie D. Smith

Affiliations

• Hallmark Cards, Inc. v. Monitor Clipper Partners, LLC

  District Court, W.D. Missouri · 2010-12-02 · cited 10×

  This case involves Hallmark Cards suing several Clipper-related entities and individuals for allegedly misusing Hallmark's confidential information, obtained through Monitor's consulting work, to evaluate and acquire a competitor, Recycled Paper Greetings. Hallmark asserted claims including RICO violations, unjust enrichment, misappropriation of trade secrets, conversion, and fraud, stemming from an arbitration award against Monitor and subsequent discovery. The court dismissed without prejudice the claims against Monitor Clipper Equity Partners II, LP, RPG Investment Holdings, LLC, Charles Yoon, William Young, and Mark Thomas for lack of personal jurisdiction due to insufficient minimum contacts with Missouri. It also dismissed the RICO and fraud in the inducement counts for failure to state a claim, as the alleged acts did not qualify as racketeering activity and the fraud allegations were inadequate. The remaining claims against the other defendants were allowed to proceed.

  business & regulatoryproceduretorts & liability

  Read the full opinion inline ▾ (5,510 words)

• United States v. Stover

  District Court, W.D. Missouri · 2010-08-09 · cited 11×

  The United States brought this civil action under IRC § 7408 seeking an injunction to stop the defendant, a lawyer and tax advisor with extensive education and professional experience, from promoting arrangements involving Roth IRAs and related entities. After a bench trial, the court ruled for the government, finding that the defendant had organized plans and furnished statements about the allowability of tax deductions, exclusions, and benefits that he knew or had reason to know were false or fraudulent, in violation of IRC § 6700. The court applied the statutory factors for scienter, including the defendant's sophistication and failure to rely appropriately on independent professionals, and concluded that injunctive relief was necessary to prevent recurrence of the penalized conduct.

  taxesbusiness & regulatory

  Read the full opinion inline ▾ (15,037 words)

• Dernovish v. at & T Operations, Inc.

  District Court, W.D. Missouri · 2010-06-08

  Read the full opinion inline ▾ (1,079 words)

• Dynasteel Corporation v. Black & Veatch Corporation

  District Court, W.D. Missouri · 2010-03-11 · cited 1×

  Read the full opinion inline ▾ (5,894 words)

• Castro-Gaxiola v. United States

  District Court, W.D. Missouri · 2009-09-30 · cited 3×

  Read the full opinion inline ▾ (2,033 words)

• Millentree v. Tent Restaurant Operations, Inc.

  District Court, W.D. Missouri · 2009-05-14 · cited 2×

  Read the full opinion inline ▾ (1,322 words)