Mr. Craney's practice includes employment law, municipal law and complex business litigation. He has tried to conclusion over 20 cases and has represented some of the largest municipalities in employment and civil rights matters in the St. Louis area. He has successfully represented municipalities for the majority of his career. He regularly appears before the EEOC, the Missouri Human Rights Commission and the Illinois Human Rights Commission representing clients throughout the administrative review process. As a result, many of these claims never reach the civil courts, preventing what would otherwise be long and arduous litigation.
Mr. Craney holds a master's degree in public health and prior to joining Brown & James, clerked with the U.S. Dept. of Health and Human Services Inspector
General in Washington, D.C.
Reported Opinions:
National
Casualty Company, et al. v. Edgar
County, et al.,
No. 09-1497 (7th Cir., April 28,
2010)
Smith v. International Catering North, Inc., 231 S.W.3d 275 (Mo.App. E.D. 2007)
Written Publications:
"
7th Circuit Opinions Reflect Changing Standard of Causation in 42 U.S.C. § 1983 Actions Involving Public Employee’s First Amendment Rights",
Illinois Defense Council IDC
Defense Update, May 2010 (Vol. 11, No. 9)
"United States Supreme Court Holds that 'Mixed-Motive' Jury Instructions are Never Appropriate in an Age Discrimination Case Brought Under the Age Discrimination in Employment Act", The Firm Inquiry, Winter 2010
"Wrongful Termination Suits Alleging Retaliation for Filing a Workers' Compensation Claim: The Law in Illinois and Missouri", The Firm Inquiry, Winter 2010
"Is an Employer Required to Show that a Non-Compete Agreement Protects a "Legitimate Business Interest?" Trends in Missouri and Illinois",
The Firm Inquiry, Winter 2010
"Reservations of Rights versus Declaratory Judgment Actions under Illinois Law", The Firm Inquiry, Fall 2008
"Illinois Supreme Court Upholds "Step Down" Clauses, Illinois Legislature Invalidates Them", The Firm Inquiry, Summer 2008
Auto Tort Law: A Primer (2007)
Bar Memberships:
Missouri
Illinois
U.S. District Court, Eastern District of Missouri
U.S. District Court, Southern District of Illinois
U.S. Bankruptcy Court, Southern District of Illinois
U.S. District Court, Central District of Illinois
U.S. Court of Appeals, Seventh Circuit
Professional Associations:
Illinois Association of Defense Trial Counsel
Illinois State Bar Association
Madison County Bar Association
St. Clair County Bar Association
Selected Favorable Jury Verdicts and Results
Lake v. Southern Hills: Summary Judgment for the defense in a slip and fall case, where plaintiff alleged that due to her landlord's negligence, she tripped in a crack and incurred massive medical bills. Macon County, Illinois Circuit Court agreed with defense that the condition was open and obvious, and granted summary judgment in favor of the defense.
Mengwasser v. Farm Bureau, June 4,
2005: One-day jury trial before Judge Robert D. Schollmeyer in Osage
County, Missouri. Allegations by plaintiff included breach of contract
against Farm Bureau Town and Country Insurance Company. Defense
verdict.
Gary Treece v. W. J. Zickel Co. , August
30, 2005: Two-day jury trial before Judge Nancy Schneider in St.
Charles, Missouri. Plaintiff alleged personal injuries arising from
slip and fall. Plaintiff sought damages of $240,000.00 at trial.
Defense verdict.
Latricia Walters v. Shelter Ins. Co. ,
October 3, 2005: One-day bench trial before Judge Elizabeth Hogan
in St. Louis City, Missouri. Plaintiff alleged breach of contract
against Shelter Insurance Company for failure to pay on loss to dwelling
due to fire, and sought $25,000 in damages. Case settled on appeal.
Devon Sims v. Tiny Town Daycare
Center, January 30, 2006: Three-day jury trial before Judge
Joan Berger in St. Louis City, Missouri. Plaintiff pursued counts in
negligence, negligent supervision and
res ipsa loquitur against
defendant daycare center alleging that 6-month old baby had spiral
fracture of the leg. At trial, plaintiff sought $609,000.00. Defense
verdict.
Slomka v. Fearless Tavern, July
11, 2006: One-day jury trial in Franklin County, Illinois, before
Judge Loren Lewis in Franklin County, Illinois. Allegations by
plaintiff that a coaster was thrown in the Fearless Tavern and struck
plaintiff in the eye. Against defense counsel recommendation, insurance
carrier settled the case on behalf of defendants after one day of
trial.
Ellen Smith v. International Catering,
August 14, 2006: Five-day jury trial in St. Louis City before
Judge Phil Heagne in St. Louis City, Missouri. Plaintiff alleged slip
and fall as a result of defendant's negligence. Jury initially returned
verdict apportioning 75% of fault to plaintiff and awarding overall
damages of $90,000.00. Plaintiff's counsel polled the jury and the jury
foreman recanted the verdict. The jury was sent back to continue
deliberation, and subsequently returned a second verdict, apportioning
75% of fault to Plaintiff and awarding total damages of $20,000.00
resulting in a net verdict against defendants of $5,000.00. During
closing arguments, plaintiff's counsel sought in excess of $250,000.00.
Was successful on subsequent appeal, which resulted in the published
opinion of
Smith v. International Catering, 231 S.W.3d 275
(Mo.App.E.D. 2007).
Lisa Chilton v. Tammy Powers, August
30, 2006: Two-day jury trial in St. Louis City before Judge Evelyn
Baker in St. Louis City. Personal injury auto case. Jury returned a
defense verdict after fifteen minutes of deliberation.
Heidi Warner v. Broadway Oyster Bar,
January 19, 2007: Three-day jury trial in St. Louis City before
Judge Mason in St. Louis City. Personal injury case, during which
plaintiff's counsel alleged substantial future medical, and sought in
excess of $350,000. Jury assessed 66% of the fault to plaintiff and
awarded $75,000 in total damages, for a net award to plaintiff of
$25,500.
Shelton Hempstead v. Allstate
Insurance Company, February 7, 2007:
One-day trial before Judge Statler in Pemiscot County, Missouri,
involving allegations of breach of contract, vexatious refusal to pay,
and affirmative defense of fraudulent concealment. After one hour, jury
returned unanimous defense verdict.
Keith Osterhage v. Kenneth Osterhage,
January 23, 2008: Four-day bench trial before Judge Dennis Doyle
in Monroe County, Illinois, on behalf of the plaintiff. Defendant -
plaintiff's brother - was the trustee of a family "land trust," and
breached his fiduciary duty by self-dealing the trust property to a
company wholly-owned by defendant. Plaintiff argued, and the court
accepted, that the law supported an award of $50,000. The court reduced
that amount by the 50% interest in the trust property held by the
defendant. The court also awarded prejudgment interest at the prime
rate, compounded. Thus, the total award for our represented client was
in excess of $27,000, plus costs.
Cynthia Smith V. City of Madison and
Mark Hayes, September 8, 2008: Three-day jury trial before
Judge Ralph Mendelsohn in Madison County, Illinois. Plaintiff alleged
that her automobile was hit by a high-lift tractor, owned and operated
by the City of Madison, and that she suffered permanent and disabling
injuries. Defense was premised upon comparative fault, in that
plaintiff failed to keep a careful lookout. The jury returned a
unanimous defense verdict.
