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Thursday, November 21, 2024

Belleville attorney seeks reinstatement at federal court to pursue legal malpractice claim

Attorneys & Judges
Rosenstengelcropped

Rosenstengel

EAST ST. LOUIS – Attorney George Ripplinger of Belleville moved to reinstate his admission to U.S. district court on May 11, in order to carry on a client’s legal malpractice suit.    

Chief District Judge Nancy Rosenstengel suspended him in May 2021, following his suspension by the Missouri Supreme Court. 

The conduct that led to their actions occurred years ago at trial in Metropolis.  

The Illinois Supreme Court censured him in 2018. 

He didn’t notify the Missouri Supreme Court, where the Justices found out and suspended him in March 2021. 

They ruled that he couldn’t apply for reinstatement for a year. 

Rosenstengel ruled that her court would reinstate him when Missouri did. 

Ripplinger pleaded in his reinstatement motion that at age 77, he’s winding down his practice and doesn’t intend to practice in Missouri. 

Two months ago, in St. Clair County circuit court, his client Jeffrey Gering filed a $1 million malpractice claim against attorney Gary Burger of St. Louis. 

Ripplinger alleged that a Belleville city truck struck the rear of Gering’s truck on April 19, 2019, injuring his back and neck. 

He claimed Burger assumed representation of Gering last May. 

He claimed Burger failed to recognize that a statute of limitations would expire on April 19, 2020. 

He claimed Burger failed to preserve the potential cause of action. 

Burger removed it to district court on May 6, asserting diversity jurisdiction as a Missouri citizen. 

The clerk randomly assigned District Judge Stephen McGlynn. 

On May 9, the court clerk told Rosenstengel that Ripplinger sought reinstatement. 

Rosenstengel posted notice in the suspension file that the court would refer the matter to counsel and a judge would hold a hearing. 

She assigned District Judge David Dugan on May 11, and he assigned Ted Gianaris of Alton as counsel to Ripplinger. 

In the malpractice suit, on May 12, Burger moved to dismiss the complaint. 

His counsel Lee Karge of Clayton wrote that Burger “could not have caused the incident of which the plaintiff complains.”

“Based on the pleadings, defendants did not represent plaintiff until after the statute of limitations expired,” Karge wrote. 

On May 17, Dugan set a reinstatement hearing for July 21. 

He directed Gianaris to file a report by June 17. 

On May 18, McGlynn stayed the malpractice action for 60 days. 

He wrote that another matter pending before the court would likely have a significant effect on the ultimate disposition of the case.     

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