Notable Appellate Cases
M.D. v. J.J., 30 S.W.3d 215 (Mo.App.W.D. 2000)
Mr. Pingelton’s most notable appellate case, M.D. v. J.J. made new Missouri law. The case established the right in Missouri for a person to recover money damages from another person for the negligent transmission of the herpes virus. Litigants and attorneys from across the country have consulted Mr. Pingelton since M.D. v. J.J. was published in 2000.
Baird v. Baird, 843 S.W.2d 388 (Mo.App.E.D. 1992)
Mr. Pingelton’s second most notable appellate case established legal precedent in Missouri to use an advanced procedure to collect child support and maintenance arrears. This was the first Missouri case to specifically allow the use of a Qualified Domestic Relations Order (QDRO) for this enforcement purpose. As described above, QDROs are usually used to divide ERISA-based assets such as pensions. Dan Pingelton recognized that federal law allows them to be used as an enforcement device as well. He convinced the appellate court to reverse the trial court, enter the QDRO and award the client thousands of dollars. Lawyers from throughout Missouri have consulted Mr. Pingelton regarding the procedure to be used in these types of cases.
The Baird case also confirmed Missouri law (relatively recently in the state’s jurisprudential history) that statutory interest on support arrears is mandatory. The appellate court reversed the trial court, and our client received more than $11,000 in interest, in addition to the other money previously owed to her.
McCreary v. McCreary, 954 S.W.2d 433 (Mo.App.W.D. 1997)
This was a highly contested case that involved multiple issues. Dan Pingelton prevailed on five separate points on appeal. He successfully overturned a trial court custody order that erroneously moved two children to a different home. He successfully overturned a trial court decision that denied a parent’s request for reimbursement of medical support. He successfully reversed a trial court decision denying attorney fees. He successfully obtained an order that using “equitable accounting,” the client was owed thousands of dollars more child support than incorrectly determined by the trial court.
Scherder v. Sonntag, 450 S.W.3d 856 (Mo.App.E.D. 2014)
In a highly contested custody case, Dan Pingelton successfully challenged an erroneous trial court order that denied a custody change. Following the appellate court’s reversal of the trial court’s decision, the child moved into her mother’s home, where she is now thriving and happy.
Dye v. Division Of Child Support Enforcement, 811 S.W.2d 355 (Mo. 1991)
Dan Pingelton represented the state of Missouri, Department of Social Services, successfully arguing in the Missouri Supreme Court that the statutes creating and controlling the Division of Child Support Enforcement were all constitutional. This case paved the way for a series of future cases that set forth a constitutionally permissive framework for Missouri’s IV-D (child support) program for more than two decades hence.