Representative Cases
First Bank v. Fischer & Frichtel, Cause No. SC 91951 (Mo. banc 2012). Represented First Bank in a suit to recover a deficiency after a foreclosure sale. The issue presented to the Supreme Court of Missouri was whether the Court should abandon the longstanding rule that the deficiency is measured by the difference between the amount due on the note and the amount bid at the foreclosure sale, and establish a new rule measuring the deficiency by the difference between the amount bid at the foreclosure sale and the opinion of a judge or jury of the fair market value of the property.

Jones v. United Parcel Service, Cause No. 09-3275 (10th Cir. 2011). Represented UPS in this appeal from a jury verdict in favor of plaintiff Jones in a claim for retaliatory discharge. The issues on appeal included whether plaintiff made a submissible case as to compensatory and punitive damages, whether the jury instructions were proper, and whether the punitive damages were unconstitutionally excessive. The Tenth Circuit affirmed the judgment for compensatory damages but held that the punitive damages were unconstitutionally excessive and remanded to the district court for reduction of the punitive damage award.

Mickey v. BNSF Railway Company, Cause No. ED95110 (Mo. App. 2011). Represented BNSF in an appeal from a jury verdict in favor of Plaintiff Mickey in a FELA case. The issues included whether the trial court had erred in refusing to give statute of limitation instructions, withdrawal instructions, and allocation of damage instructions, and whether the trial court erred in excluding evidence regarding prior settlements. The court of appeals affirmed the jury verdict.

Fleshner v. Pepose Vision Institute, 304 S.W.3d 81 (Mo. banc 2010). Represented Pepose on the appeal in the Missouri Supreme Court in a claim by Fleshner for wrongful discharge. The jury had returned a verdict in favor of plaintiff Fleshner. The issues on appeal were the causation standard in wrongful discharge cases and juror misconduct involving anti-Semitic comments made by a juror during deliberations. The court reversed the judgment in favor of Fleshner and remanded for a new trial based on juror misconduct.

Schwab v. National Dealers Warranty, Inc., 298 S.W.3d 87 (Mo. App. 2009). Represented defendant National Dealers Warranty in the appeal from the dismissal of plaintiffs’ petition. Joe Jacobson represented the plaintiffs/appellants. The principal issue on appeal was the applicability of the Missouri Merchandising Practices Act to sales representatives for an extended warranty company, including specifically whether the plaintiffs were paid a “commission” under the statute. The Missouri Court of Appeals affirmed the judgment of the trial court.

H&R Block v. American International Select Lines Insurance Company (8th Cir. 2008): Represented AISLIC in appeal from summary judgment in Block's claim for coverage for class actions arising out of nationwide tax refund program.

Craig Outdoor v. Viacom Outdoor (8th Cir. 2008): Represented Viacom Vice-President in appeal from civil RICO judgment.

Centene Plaza Redevelopment Corporation v. Mint Properties, 225 S.W.3d 431 (Mo. Banc. 2007): Represented Centene Plaza Redevelopment Corporation in action involving attempted condemnation of property for $200 million development.

Estate of Buder v. USA, 436 F.3d 936 (8th Cir. 2006): Represented tax payer in appeal of a claim for $17 million estate tax refund.

Anderson v. Kohler Company, 170 S.W.3d 19 (Mo. App. 2005): Represented defendant in appeal from a $25 million adverse judgment in a wrongful death action arising out of exhaust leak on a boat generator.

GMAC v. Dillards, 357 F.3d 827 (8th Cir. 2004): Represented Dillard's in appeal involving determination of citizenship of an LLC.

Maldonado v. Gateway Hotel Holdings, 154 S.W.3d 303 (Mo. App. 2003): Represented defendant in appeal from $14 million adverse judgment in a personal injury action arising out of boxing match.

Wal-Mart Stores, Inc. v. RLI Insurance Co. 292 F.3d 583 (8th Cir. 2002): Represented National Union Fire Insurance Company of Pittsburgh, PA in an appeal from a $10 million adverse judgment in a claim for indemnification by Republic Insurance Company. United States Court of Appeals for the Eighth Circuit reversed and ordered that judgment be entered in favor of National Union.

Scott v. SSM Healthcare St. Louis, 70 S.W.3d 560 (Mo. App. 2002): Represented defendant in appeal from an adverse judgment in a medical malpractice action involving interpretation of statutory caps on damages in a malpractice claim.

Rasse v. G.E. Capital Small Business Finance Corp. (Mo. App. 2002): Represented defendant in appeal from a $3 million adverse judgment in a lender liability claim.

Alcorn v. Union Pacific R.R. Co., 50 S.W.3d 226 (Mo. 2001): Represented defendant in appeal from a $50 million adverse judgment in a personal injury claim arising out of crossing accident.