[Nfbmo] concerning blind pension

Tue Dec 15 13:08:29 UTC 2009

----- Original Message ----- 
From: Chip Hailey 
To: missouri-l at moblind.org 
Cc: chat at moblind.org 
Sent: Monday, December 14, 2009 9:11 PM
Subject: [Missouri-l] Fw: Special Master's Report

----- Original Message ----- 
From: dgreider at greiderlaw.com 
To: Chip Hailey ; Denny Huff ; Beverly Armstrong ; Linda Gerken ; Rose Ledford 
Sent: Monday, December 14, 2009 5:24 PM
Subject: Special Master's Report

Friends:

Late Friday Defendant's counsel and I received the final report of Dr. Jim LePage, the Court-appointed Special Master.

It is a lengthy and detailed report.  

I will get to the bottom line.  

Dr. LePage finds that the actual damages (underpayment to the Plaintiff class) equal $23,592,004.00; Dr. LePage finds that the prejudgment interest owed to the Plaintiff class equals $16,103,110.00.  

Accordingly, he finds the total of actual damages and interest owed to the Plaintiff class equals $39,695,114.00.

Dr. LePage calculated the damages and interest going back to 1992 and through FY2009.  This is a huge amount of money.

The State's Department of Social Services, I expect, is heartily disappointed at these findings.  I suspect that the Attorney General will try to find fault with either the methodology or the assumptions that Dr. LePage used, but given his credentials, the fact that he was appointed by the Judge, and the obvious care and time he put into his report, this may present difficulties for the Defendant.  Of course, the Defendant is still arguing that it should not have to pay you and other pensioners damages going back to 1992 but only back to 2001.  We are still talking about a huge amount of money, though, in the millions of dollars.

The State has been saying for more than a solid year that they are going to file another appeal.  I guess that they might since so much money is at stake.  The interesting thing is that even were the Defendant to win on some point, the class would still be owed millions of dollars and far more than the Defendant has ever offered.
And, once the Judge enters judgment, post judgment interest begins which could be $100,000 or so per month.
As I see it, we are close to the end--even if they appeal, we would be only a year or so away from  finality if the timing on the last appeal is any indication.

The hearing on the Special Master's report is set for Decembr 17th (this coming Thursday) in Jefferson City, MO, at the Cole County Courthouse before the Hon. Patricia Joyce.  This is a hearing which is open to the public if anyone wishes to attend.  It is supposed to start at 10:00 a.m.  The Judge originally said that we would have one and 1/2 hours.  She then said she could probably go longer--amybe til 12:30 or 1:00, but she did not guaranty that much time.  She has set the matter for a continued hearing on January 11.  I am not sure of the time, but she did say we would start early.  I am sure she will clarify that on the 17th.

So, if anyone wants to attend or will be in Jefferson City or lives nearby, you are more than welcome.  I expect that John Ammann and I will be there and hopefully Amy Sanders and Barbara Gilchrist.

The Courthouse is located at 301 E. High Street, Jefferson City, MO 65101-3273.  In order to gain admittance, you must not carry firearms or things which could be construed to be weapons--like Swiss Army Knife keychains, etc.  You must have a valid state id or driver's license if sighted friends/family choose to attend.  Of course, service animals are permitted.

You may recall--if you attended the trial--this is not the most accessible building because it is a historic landmark.  So, please be careful because there are marblestone steps and floors which can be slick if there is moisture.

I expect that in January the issue of prejudgment interest--because it is so much money--and attorneys' fees will be addressed.  As you know, the law school and I have an attorney's lien for 1/3 of the common fund (the total of damages and interest).  I know that I have told you all that I am willing to come down from that (and I am sure the law school is willing as well), to 25% or so but we would like to see the difference go to helping the blind citizens of Missouri either as part of back payments or for services or to organizations.

 I would like to see any unclaimed amounts go to helping blind citizens as well and not go back into general revenue.  I do not expect that the Judge will deal with all these issues on Thursday.  I think the discussion and questions will focus just on the report of Dr. LePage.

It has been a very long haul--nearly six years.  But, I, for one, am glad that we stuck with it.  Had we not, the State would still be doing to you all and to all the members in the class what it had gotten away with for so long.

Maybe I will see some of you on Thursday.  I will keep you posted.  Best regards, Debbie
Deborah S. Greider
Parkway Tower, Suite 620
225 S. Meramec Ave.
Clayton, MO 63105
314.726.1299
fax: 314.727.9969
Cell: 314.479.3745
dgreider at greiderlaw.com

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