Marc Ellinger and Tom Rynard filed a lawsuit in St. Louis County challenging Charter Amendment E (a smoking ban measure). The lawsuit alleged the measure failed to comply with the requirements of the County Charter for ballot measures, violated Section 18(c) of the Missouri Constitution (concerning county charter amendments), and violated County Code requirements regarding initiative petition warning language, ballot summaries, ballot titles, and circulator verifications. The lawsuit was filed on September 5, 2018 and went to trial on September 14, 2018. Judge Zellweger entered judgment in favor of Plaintiff Moeller, finding the initiative petition violated the County Charter and County Code provisions relating to initiative petitions. Judge Zellweger ordered that although the measure will still appear on the ballot, the votes on the measure should not be counted. Intervenors (ballot measure proponents) appealed, and Plaintiff Moeller filed a cross appeal. The Notice of Appeal was filed on September 19, 2018 and briefing was completed by September 28, 2018. Marc Ellinger argued the case on behalf of Plaintiff Moeller in the Eastern District Court of Appeals. On October 10, 2018, the Eastern District affirmed the trial court’ s judgment in favor of Plaintiff Moeller in a Rule 84.16(b) order.
Case Nos. 18SL-CC003283, ED107148, ED107149
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Ellinger and Associates, LLC Partner Marc Ellinger was recently selected by his peers for inclusion in The Best Lawyers™ in America 2019 in the field of Administrative/Regulatory Law.
Marc represents businesses, individuals, organizations and committees in disputes. Marc focuses his practice in election and political law, legislative and rulemaking practice, regulatory law, municipal finance and transaction structuring, issues of state and federal constitutional law, appellate practice and gaming law and has achieved a Martindale-Hubbell AV Preeminent rating. Marc was previously a member of Blitz, Bardgett & Deutsch, LC. Prior to private practice, in his role as counsel to the Missouri State Auditor, he advised the Auditor in constitutional and tax law matters and on matters related to municipal and state debt financing.
Ellinger and Associates is pleased to announce that Thomas W. Rynard has joined the firm as a Partner.
Tom's practice focuses on state and municipal government law, professional licensing, tax controversies (sales, use and property), health care, civil litigation and alternative dispute resolution. His litigation practice includes representing clients before local, state and federal government agencies, the Administrative Hearing Commission, Missouri Securities Division, Missouri circuit and appellate courts, and federal district and appellate courts.
Prior to joining Ellinger and Associates, Tom worked in private practice with the law firms of Craft, Fridkin & Rhyne (1991-2003) and Blitz, Bardgett, & Deutsch, LC (2003-2018). In addition to his private practice experience, Tom served as Chief Hearing Officer for the Missouri State Tax Commission, hearing and deciding property tax appeals to the Commission, and as Assistant Counsel for the Missouri Highways and Transportation Commission, practicing in the areas of condemnation and contract litigation. He served 27 years in the Army Reserves as a judge advocate, where he practiced in both reserves and active duty assignments in medical policy and compliance, federal contracting, federal administrative law, federal employment law, and international law.
Tom regularly advises private clients, political subdivisions and associations on regulatory compliance issues, gaming and sweepstakes law, local government operations, and health care. His health care activities include health care facility licensing and approvals; Certificate of Need; HIPAA, Stark and Anti-Kickback Statute compliance; Medicaid and Medicare administrative reimbursement actions; managed care and provider disputes; facility privileging and credentialing; and state health care legislation drafting and review.
Tom has authored books, chapters and journal articles on municipal government, insurance, public contracting, and environmental law. He has been a frequent speaker at Continuing Legal Education programs on these same topics. He regularly provides pro bono representation to Veterans in their Veterans Administration claims.
At the 2018 Missouri Bar Annual Meeting and Judicial Conference, Marc Ellinger will serve as a Panelist at Plenary Session on Friday September 28, 2018 in St. Louis. The panel will be moderated by the Honorable Michael A. Wolff, and explore the impact of gerrymandering, data science and redistricting in pursuit of "fair elections."
Marc Ellinger previously served on the Missouri Senate Apportionment Commission (2012) and recently participated in a panel on Missouri redistricting hosted by the Jefferson City Federalist Society.
Marc Ellinger and Stephanie Bell announce the formation of a new law firm. Ellinger and Associates, LLC represents businesses, organizations, and individuals in a wide array of corporate, state, and local government matters.
Together, Ellinger and Bell bring decades of knowledge and experience to serve their clients. Both attorneys have achieved a Martindale-Hubbell AV Preeminent rating and were recently named as Missouri Political Pros You Should Know.
"We intend to build a leading law firm focusing on government solutions and civil litigation” said Ellinger. Bell agreed, "As our practice grew and expanded, we decided that together we had an opportunity to build something unique."
Ellinger and Associates, LLC serves clients nationally and internationally from its offices in Missouri. For more information, please visit www.ellingerlaw.com.
Additional background regarding the founding partners: