Litigation

Represented a convenience store client in a jury trial before the Western District of Missouri in a case involving a slip and fall at a fueling station following a major winter storm. The plaintiff asked the jury for damages related to medical expenses, past pain and suffering, and future pain and suffering. Following a four-day trial, the jury assigned 94% of the fault to the plaintiff and only 6% to the client.

Represented companies defending, and shareholders and members prosecuting, actions seeking access to a company’s books and records pursuant to Section 220 of the Delaware General Corporation Law and Section 18-305 of the Delaware LLC Act.

Defended company in Delaware chancery court in action brought by former officers and directors for advancement of attorneys’ fees and expenses under indemnification provisions of company’s corporate charter and separate indemnification agreements.

Served as defense counsel to employee and employee’s company against an action by former joint venture partner to obtain a temporary restraining order and preliminary injunction involving contested nondisclosure and noncompete agreements.

Successfully opposed efforts to seek class certification in U.S. District Court for the Eastern District of California in case founded upon consumer fraud claims, resulting in a favorable settlement for the client and elimination of continued liability exposure.

Secured judgment in favor of a business products and services client in a breach of contract dispute with a former customer, who stopped paying invoices on a 60-month contract. The client filed suit in Jackson County, Missouri, Circuit Court for breach of contract and quantum meruit seeking liquidated damages and unpaid invoices plus interest. The defendant denied that the client was entitled to pre-judgment interest and liquidated damages. Following a bench trial, the judge found in favor of the client on all claims and awarded all damages plus interest.

Client company and its executives were sued by a former employee for various claims arising from allegations of sexual harassment. The client’s insurer denied coverage. After prevailing upon the insurer to withdraw its disclaimer, the insurer agreed to provide an unconditional defense and indemnity for the claims against the client.

Secured judgment for insurance client and its insured in the U.S. District Court for the Eastern District of Missouri for more than $2.3 million in a case concerning which of two insurers would pay for the settlement of an underlying civil action. Following jury and bench trials in favor of the client, the court awarded nearly all damages sought as well as more than $646,000 in prejudgment interest.

The Eighth Circuit Court of Appeals affirmed a verdict favorable for our client following a trial in which the jury found the plaintiff 94% at fault for a slip-and-fall following a major winter weather event. The Eighth Circuit affirmed the trial court’s ruling excluding portions of the plaintiff’s deposition designations, which sought to introduce the cost of the plaintiff’s future medical care and information regarding his future surgeries.

Defended auto parts assembler against breach-of-contract and indemnification claims arising from the large-scale safety recall of a sedan that cost its automaker $25 million. A jury in Oakland County, Michigan, agreed that the client’s assembly process did not cause the defect that led to the recall and rendered a no-liability verdict on the claim after a five-week trial, held just miles from the automaker’s U.S. headquarters.

Successfully defended (at both the trial and appellate levels) several corporations in a multimillion-dollar fraud action, and obtained an award on behalf of the client for the attorney’s fees the client incurred in defending the action.

Represented a national managed services provider in an action against one of the largest international owners of luxury and upscale hotels. The case involved civil theft, constructive fraud and violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Settled favorably for our client.

Secured a $19.5 million verdict for a prominent Miami physician and part owner of a family drywall business in Colombia, in a two-week jury trial regarding attempts to deprive the client of his 33.33% interest in the business.

Secured the dismissal of a Virginia state court case seeking to ban the sale of a client’s book. A Virginia Beach General Assembly Delegate brought the action against our client and one of its authors, filed under a decades-old statue and alleging that the book – a memoir, told in graphic novel form, of the author’s own journey of realizing their nonbinary and asexual identity – was “obscene.” Argued that the statute was unconstitutional both facially and as-applied, and that the petition failed to state a claim under Virginia law. The Court agreed and found that the book could not be considered “obscene” under state law, as well as that the statute was unconstitutional in violation of due process and the First Amendment.