Newton Barth, LLP

Kicking off the week with two major wins in federal court! 🎉

Victory #1: Steven Hoffmann successfully defeated a motion to dismiss in a federal civil rights case we are prosecuting. The district court fully adopted Steven's logic in rejecting the defendants' challenges to our complaint and ordered the matter to proceed. hashtag hashtag

Victory #2: Talmage Newton secured a post-conviction relief win! The district court agreed to set aside his client’s judgment, dismissed a substantive count, and set the case for re-sentencing on the surviving counts. hashtag hashtag

Not a bad way to start the week, right? 💼💪

Our Superstar Paralegal Mary Hall Sowerwine was recently featured by her alma mater Lewis and Clark Community College for her outstanding work in the legal field. Give the piece a read and you will see why Mary is such a valuable member of the Newton Barth, LLP team! Next time you see Mary give her a high five! Way to go Mary!!

Spotlight on LC Paralegal Alumni 🤩:

Mary Sowerwine is an experienced paralegal and alumni of Lewis & Clark Community College. She is a member of the St. Louis Paralegal Association, paralegal member of The Bar Association of Metropolitan St. Louis, and paralegal member of the Missouri Association of Trial Attorneys. Mary has used her educational experience to help her in her career. She helped attorneys secure the largest verdict in St. Clair, Illinois Circuit Court history in 2021, obtain a $10 million verdict for compensatory and punitive damages in St. Louis Circuit Court in 2023, and obtained over $1.5 million in granted claims from the Missouri Tort Victims Compensation Fund for clients. Mary has received several honors in her legal career, including being honored with the STLPA Paralegal Legend Award in 2021. She was nominated for the Paralegal Legend Award by Judge James Dowd who said that Mary is the quintessential paralegal legend and he believes that she is set apart from the crowd of local paralegals by her ability to understand complex legal concepts and principles. Mary credits her understanding of legal concepts and principles to her education at Lewis & Clark Community College and the knowledge she gained early in her career after graduation.

We are SUPER proud of our legal secretary Jess Cargill who was recently recognized by Missouri Lawyers Media as a 2024 Unsung Legal Hero!

Jess is usually the first person people talk with when they call the law firm and she is an essential part of our team and law firm family! Way to go Jess!!

2024 Unsung Legal Heroes: Jess Cargill - Missouri Lawyers Media Jess Cargill is proudest when Newton Barth obtains a good result for a client and makes the person smile.

Newton Barth attorney Steven Hoffmann is heavily quoted by the St. Louis Post-Dispatch with respect to ongoing problems at the City Justice Center where attorneys strive to protect the 6th Amendment rights of pre-trial detainees by ensuring they have access to counsel.

St. Louis lawyers say the city jail is keeping them from clients. 'Flabbergasting.' Defense attorneys say the city jail is blocking access to clients and shirking a judge's order to secure communication between inmates and their lawyers.

BREAKING NEWS: The Federal Trade Commission has issued a final rule banning non-competition agreements in most employment situations (and voiding nearly all existing non-competes). This rule will free workers to change jobs, increase innovation, and aid in the formation of new businesses. If you want to know how this new rule effects you, please schedule a consultation with the employment lawyers at Newton Barth.

For the official release form the F.T.C., see: https://lnkd.in/g-C3FUs5

In addition to our active trial practice, Newton Barth attorneys also help our clients with appeals when they need to defend favorable judgments or challenge adverse rulings. We are currently helping clients with appeals in the United States Supreme Court as well as the United States Court of Appeals for the 7th and 8th Circuits. We're not just trial experts; we're your trusted partners for the entire legal journey. From compelling trials to strategic appeals, we're here to navigate every step of the way.

Brandy and Talmage have once again been named to the list of Super Lawyers. Brandy appears again in the area of plaintiff's employment litigation (representing employees) and Talmage appears again in the field of criminal defense. The Super Lawyers ranking identifies the top 5% of lawyers in their field.

Happy Halloween from your friends at Newton Barth, LLP!

“Can I continue to use ma*****na while on probation in Missouri?” This is a question we get all the time in criminal cases. The answer is unfortunately not a simple “yes” or “no” - as with so many legal answers: “it depends.” It will really be up to your judge. Some Missouri judges are allowing it (or at least not penalizing it) and others are more strict. Judges can set the terms of their own probations and are given broad discretion. While Missouri law now allows possession and use, judges can limit liberties and freedoms that exist to those not otherwise on probation. If you have a medical prescription that may help BUT ma*****na is still not legal federally which gives those judges who want to limit its possession and use room to say that it runs afoul of the “shall follow all state and federal laws” provision that is in most probation orders. It will depend on your judge and your jurisdiction so make sure you ask your attorney before you fire up a J! #420 **d

Our Civil Rights Team continues to seek accountability for public officials:

Simon’s lawyer, Steven Hoffmann of Newton Barth, says he intends to hold the mayor accountable. “Mayor Jones knew she lacked the legitimate authority to threaten a homeless services provider with the loss of public grant money if they didn’t do her bidding and terminate a conscientious employee.”

Homeless Outreach Worker Sues St. Louis Mayor Over Firing Yitzy Simon alleges he was fired from St. Patrick Center after the mayor threatened the loss of public grant money over his advocacy work

In our daily lives we spend a significant amount of time at work, making it crucial to foster an inclusive and discrimination-free environment. Employment discrimination claims can arise based on race, color, religion, s*x, national origin, age, disability, and other categories, with retaliation against those addressing discrimination also being actionable. Understanding these laws is vital to promote inclusivity, fairness, and respect in the workplace, ensuring that every individual can thrive and contribute without fear of bias or prejudice. If you believe you have been discriminated against in the workplace, reach out to one of our employment discrimination attorneys for a consultation. The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Newton Barth attorneys are trial attorneys. Our lawyers appear in courtrooms and argue our clients' cases to judges and juries. If you have a serious legal issues then you need attorneys who get out of the office and who are actually speaking to the decision makers. If you have a legal problem, call the attorneys at Newton Barth.

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

FEDERAL CHARGES DISMISSED: Our client was charged under 18 U.S.C. §922(g), which criminalizes certain categories of people owning or possessing fi****ms. Newton Barth attorneys filed a motion to dismiss the indictment citing the recent U.S. Supreme Court case of New York State Rifle & Pistol Association, Inc. v. Bruen, which broadened the scope of the 2nd Amendment. This is a heavily litigated issue in federal criminal defense. In late June the Supreme Court agreed to hear another gun case with very similar facts to ours. Friday, 10-days before the client’s jury trial was scheduled to start, federal prosecutors voluntarily dismissed the case. Congratulations to our client.

Newton Barth, LLP We are courtroom attorneys who represent clients in a wide variety of criminal and civil matters in

$400,000.00 CIVIL RIGHTS SETTLEMENT

A Metro East municipality and police department have agreed to pay nearly half-of-a-million dollars to resolve an incident of police brutality.

Without justification or legal excuse, police rammed into a vehicle in which our client, a young African American male, was a passenger. One of the police officers then proceeded to savagely assault him without provocation or any type of resistance. Our client was taken into custody and repeatedly denied medical treatment. It is important to note that he was NEVER charged with a crime. The Police Department was never able to provide a legally justifiable reason for the interaction or assault.

Lawsuits and settlements like this one hold police departments and their officers responsible for illegal conduct and help ensure police interact with the public in a lawful and constitutional manner. While our society is getting better, it is important that we still demand accountability from our government!

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Newton Barth, LLP We are courtroom attorneys who represent clients in a wide variety of criminal and civil matters in

Happy Pride Month!

This month we reflect on how far our legal system has come and celebrate all LGBTQIA+ trailblazers and colleagues.
As employment lawyers, we know there is still so much work to be done.

If you or a loved one feel you have been discriminated against for your s*xual orientation, contact us today to explore your options.

“The choice of a lawyer is an important decision and should not be based solely upon advertisements.”

CASE DISMISSED

The firm’s client, a commercial over-the-road trucker, was involved in a serious and complicated traffic accident. Police blamed our client for causing the accident and issued a variety of charges which threatened both criminal penalties and the potential loss of their commercial driver’s license. Our criminal defense team was able, through an independent investigation, to obtain a variety of evidence (including videos) that unequivocally demonstrated that our client did not cause the accident. After reviewing our evidence with prosecutors all charges were dismissed.

“The choice of a lawyer is an important decision and should not be based solely upon advertisements.”

Having a little fun with Chat GPT tonight. Prompt: "write me a gangster rap about a federal criminal defense attorney." The result:

In the concrete jungle where crime runs deep,
There's a legend, a savior, who's known on the street,
He's the best federal defense attorney in the game,
With a reputation that's earned him his name.

(Chorus)
They call him "The Briefcase Bandit," a master of law,
He fights for the accused, leaving no flaw,
In the courtroom he's fearless, a force to be reckoned,
With his silver tongue, justice is beckoned.

(Verse 2)
From white-collar crimes to organized schemes,
He defends the accused, turning dreams into reams,
His knowledge is vast, his strategies acute,
No case too complex for this legal pursuit.

(Chorus)
They call him "The Briefcase Bandit," a master of law,
He fights for the accused, leaving no flaw,
In the courtroom he's fearless, a force to be reckoned,
With his silver tongue, justice is beckoned.

(Verse 3)
He navigates the system like a smooth operator,
With charisma and wit, he's a legal creator,
His presence demands respect, his aura profound,
A champion for the wronged, he stands his ground.

(Chorus)
They call him "The Briefcase Bandit," a master of law,
He fights for the accused, leaving no flaw,
In the courtroom he's fearless, a force to be reckoned,
With his silver tongue, justice is beckoned.

(Bridge)
When the odds are stacked, and the walls start to close,
The Briefcase Bandit is the one they chose,
His defense is fierce, his arguments strong,
He turns the tide when everything seems wrong.

(Chorus)
They call him "The Briefcase Bandit," a master of law,
He fights for the accused, leaving no flaw,
In the courtroom he's fearless, a force to be reckoned,
With his silver tongue, justice is beckoned.

(Verse 4)
He defends the innocent, the falsely accused,
Through the darkest storms, he'll always produce,
With dedication and passion, he fights till the end,
For the clients he serves, he'll never pretend.

(Chorus)
They call him "The Briefcase Bandit," a master of law,
He fights for the accused, leaving no flaw,
In the courtroom he's fearless, a force to be reckoned,
With his silver tongue, justice is beckoned.

(Outro)
So if you find yourself trapped in a legal bind,
Reach out to the Bandit, the one of a kind,
He'll stand by your side, defending with might,
The best federal defense attorney, shining the light.

🎉 ANNOUNCEMENT: Settlement Achieved in Workers' Compensation Employment Retaliation Case! 🏆💰

Our dedicated employee's rights legal team at Newton Barth has successfully secured a significant monetary settlement in a highly contested workers' compensation employment retaliation case. 💼 After being injured on the job our client was terminated by their employer who was attempting to block the employee’s access to Workers’ Compensation benefits. After filing suit against this employer, we tirelessly fought on their behalf and secured a confidential settlement that compensates them for lost wages and other relevant expenses incurred throughout this challenging journey. 💵. 💪✨

This settlement is not only a triumph for our client but also a significant step toward raising awareness about workers' rights and combating employment retaliation. By holding the responsible party accountable, we send a powerful message that no one should face discrimination or retribution for seeking the benefits they rightfully deserve. 👊🚫

If you or someone you know has faced similar challenges, don't hesitate to reach out. Our experienced legal team is here to listen, support, and fight for your rights. 💼 “The choice of a lawyer is an important decision and should not be based solely upon advertisements.”

FELONY AVOIDED: The firm’s client was charged with felony assault after a car accident turned into a violent encounter. Our investigation revealed serious weaknesses in the State’s case. After lengthy negotiations with the prosecutors, the Court agreed to sentence our client to the type of probation which will not result in a permanent felony record. This individual went from a scenario where she had been told she would be going to jail to one that will not impact her future record. If you are facing a seemingly hopeless situation, please reach out to us to explore your options. “The choice of a lawyer is an important decision and should not be based solely upon advertisements.”

Newton Barth, LLP We are courtroom attorneys who represent clients in a wide variety of criminal and civil matters in

Dog Bite Settlement --> We are pleased to announce a large settlement in a recent case! The lawyers at Newton Barth fought tirelessly on behalf of our client who was viciously attacked by a dog.

After initially refusing to pay a reasonable settlement, once we filed a lawsuit the dog-owner's insurance company agreed to compensate our client with a substantial sum for their pain and suffering, and medical expenses.

Dog owners have a responsibility to ensure that their pets are properly trained and supervised. When they fail to do so, innocent people can suffer serious injuries.

If you or a loved one has been bitten by a dog, it's important to act quickly. The law places strict deadlines on when you can file a claim, so don't wait. Contact us today for a free consultation. We'll listen to your story, explain your legal options, and work tirelessly to get you the compensation you deserve.

“The choice of a lawyer is an important decision and should not be based solely upon advertisements.”

Newton Barth, LLP We are courtroom attorneys who represent clients in a wide variety of criminal and civil matters in

As my tenure as the Chairman of the Criminal Defense Section of the Bar Association of Metropolitan St. Louis ( ) comes to an end, I wanted to take this opportunity to express my gratitude for the support and commitment from each member in our common pursuit of justice and the advancement of our profession. I look forward to forging new collaborations and am confident that under new leadership, we will continue our meaningful work.

Talmage Newton
Chairman, Criminal Defense Section
Bar Association of Metropolitan St. Louis

Have you been asked to sign a severance agreement? Don't sign anything unless you know what you're agreeing to! At our law firm, we can help you understand the terms of your severance agreement and ensure that your rights are protected. Call us today to discuss how we can help ensure you get the most out of your severance package!

Mediation is a process used by parties in conflict to solve their differences without litigation. It involves introducing a neutral third party, known as a mediator, who will facilitate the discussion between both sides and seek an agreement that all involved parties can accept. This process is beneficial for multiple reasons: it can help resolve disputes quickly and cost-effectively, preserve relationships between parties, keep matters private and confidential, and ensure each party’s interests are heard. So what happens if mediation fails?

If is unsuccessful in arriving at an amicable resolution, parties can opt to go to trial or back to mediation. The court process would involve beginning the dispute resolution from the start, as anything discussed or occurred during the mediation period will remain confidential and cannot be used in evidence. Alternatively, parties can continue pursuing negotiations on their own; however, this may take a more extended period as those involved no longer have control over the dispute.

Key steps in preparing for your first meeting with an attorney. https://buff.ly/3MDff10

If you have been a victim of excessive force, know that you can take legal action. Excessive force is defined as any type of physical force used by law enforcement that could be considered excessive or unreasonable in the scope of their duties. This can include things like pepper spray, physical restraint, and even fi****ms. No one should be subjected to these inhumane tactics without due process. Our law firm specializes in this type of case and we are committed to fighting for your civil rights! Call us today to learn how we can help you fight for justice!

Are you or someone you know accused of a federal crime such as fraud, embezzlement, or financial theft? Don’t be intimidated by the higher stakes - with the experienced legal defense provided by Newton Barth, you can feel confident in the outcome of your case. Our award-winning attorneys boast an outstanding track record of successful federal court cases and will provide you with the best legal representation possible. Take back control of your life and get the justice you deserve - contact Newton Barth today!

If you feel like you are being discriminated against at work, it's important to take action to protect yourself. Here are 5 things you can do:

1. Document the unfair treatment - keep a detailed record of what happened, when, who was present and any other relevant information.

2. Report the unfair treatment - don’t hesitate to alert your employer or file a complaint with the appropriate government agency.

3. Stay away from social media - don’t post anything regarding your situation as it could be used against you in court proceedings.

4. Take care of yourself - take time off if needed, get support from friends and family, and seek professional help if necessary.

5. Contact an experienced lawyer - talking to someone knowledgeable about legal matters is crucial in ensuring rights are respected and justice is served.

If you have recently blown the whistle on an employer for unethical or illegal behaviors, you may be entitled to certain legal protections.

Under federal law, whistleblowers are protected from any form of retaliation, such as being fired, demoted, harassed, or discriminated against by employers. An employer is also prohibited from blacklisting or providing false information about a whistleblower's qualifications and background. In addition, the False Claims Act protects whistleblowers who report fraud against the government—such as misuse of federal funds by employers—by allowing them to sue those responsible on behalf of the US government. Whistleblowers who file successful cases may be eligible for compensation for damages and legal fees.

At Newton and Barth, our attorneys are experienced in whistleblower protection laws and have represented numerous clients whose employers violated their rights. We understand the complexities of these cases and the stress of speaking out about wrongdoings in a professional setting, which is why we strive to provide personalized service and support for every client. With our help and knowledge of the legal system, we can ensure that your rights remain protected throughout the process and help you achieve justice.

If you have been arrested or taken to a police station, you need to understand your legal rights. Here is information on protecting your rights during this process regarding the Miranda warning.

Do not answer any questions asked by police officers without the presence of an attorney. It is within your rights to remain silent, and anything you say can be used against you in court. Even if the police have not read you the Miranda warnings, anything you say during questioning or while being taken into custody may be classified as an "excited utterance" and presented against you as evidence.

Celebrating a beloved STL holiday…Cards Opening Day! We absolutely love this city and go St. Louis Cardinals!!!