Experience

Defeated Putative Class Action Against Streaming Media Clients

Represented streaming media companies in the U.S. District Court for the Southern District of Illinois and the U.S. Court of Appeals for the Seventh Circuit in a lawsuit brought by an Illinois city claiming video streaming companies owed fees pursuant to an Illinois statute. The Court of Appeals upheld the District Court’s dismissal of the matter.

Secured Immediate Release for Incarcerated Pro Bono Client

Represented a pro bono client through the Washington, D.C., nonprofit Second Look Project who had been incarcerated for more than 31 years. Following an evidentiary hearing, including a written submission and testimony from three witnesses, the judge immediately granted the client’s motion and resentenced him, giving credit for time served and resulting in his immediate release from prison. Without this motion, the client would not have been eligible for parole for another 10-15 years.

Multimillion-Dollar Judgment for Manufacturing Clients Affirmed on Appeal

Secured opinion from the Seventh Circuit Court of Appeals affirming a judgment in favor of manufacturing clients who brought breach of contract and fraud claims against sales representative. At trial in federal court in Chicago, the jury awarded over $3 million in contract damages, $400,000 in fraud damages and just over $900,000 in punitive damages.  The District Court awarded additional amounts for unjust enrichment and interest for a total judgment over $5.6 million.

Summary Judgment for Commercial Real Estate Lender

Secured a victory in the New York Supreme Court, Appellate Division, First Department, on behalf of a commercial real estate lender. A borrower and guarantors sought to void multiple loan, mortgage, note and guarantee agreements by claiming that the agreements were unconscionable and induced by fraud. The trial court granted summary judgment dismissing the claims and granting the client’s counterclaims for foreclosure. The Appellate Division affirmed, following which the trial court issued a final judgment of foreclosure and sale.

Appeal of Summary Judgment in Trade Secret Case

Secured a favorable result in the U.S. Court of Appeals for the Eleventh Circuit for client Subscriber Holdings, in a case asserting claims under the Georgia Trade Secrets Act and the federal Defend Trade Secrets Act, as well as breach of a nondisclosure agreement. The appeals court vacated the decision from the U.S. District Court for the Northern District of Georgia and remanded the case for trial.

Successful Defense of Prominent Law Firm in Legal Malpractice Action

Represented prominent law firm in legal malpractice action at the trial and appellate court level in Illinois and succeeded in obtaining a dismissal on the pleadings.

$3.4 Million Judgment Affirmed

Represented bottling company in appeal to the U.S. Court of Appeals for the Eighth Circuit. The Court affirmed the $3.4 million judgment for our client, adopting the reasoning of our brief.

Jury Verdict Affirmed in Slip-and-Fall Case

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.

Counsel to Large-Circulation Newspaper in Records Request and Access to Autopsy Records

Served as counsel to Nevada’s largest-circulation newspaper in public records litigation to obtain access to autopsy records.

Judgment Affirmed on Appeal in Insurance Case

The Missouri Court of Appeals for the Eastern District affirmed a judgment dismissing a case against an insurance company client with prejudice as sanctions for failure to appear. The Eastern District stated the trial court did not abuse its discretion in issuing sanctions and dismissing the case.

Finding of Lack of Probable Cause on Discrimination Claim Affirmed on Appeal

Represented hotel in preliminary hearing on appeal of claim alleging retaliation and discrimination based on sex, race, and color. Massachusetts Commission Against Discrimination affirmed determination of lack of probable cause.

Summary Judgment Affirmed on Appeal in Trademark Case

Secured summary judgment for a manufacturer in dispute over use of the client’s mark. The plaintiff in the case sought a permanent injunction in Wisconsin and Michigan and disgorgement of profits. The U.S. District Court for the District of Wisconsin granted summary judgment precluding an award of profits and denied a permanent injunction after trial. Both rulings were affirmed on appeal to the U.S. Court of Appeals for the Seventh Circuit.

Counsel to Large-Circulation Newspaper in Records Request and School Board Investigation

Served as counsel to Nevada’s largest-circulation newspaper in public records litigation to obtain records pertaining to the investigation of an elected school board trustee accused of harassment.

Representation of International Franchisor in Catastrophic Injury Case

Represented an international franchisor in a catastrophic injury case litigated to the Nebraska Supreme Court, including presentation of oral argument on behalf of the franchisor before the Nebraska Court of Appeals.

Successful Reversal of $6.5 Million Against Home Remodeling Client

Successfully obtained the reversal of $6.5 million judgment entered against a national home remodeling company.

Won Dismissal of Class Action Securities Litigation Alleging Market Manipulation for Brokerage Firm

Represented a brokerage firm in class action securities litigation alleging manipulation of options market. Won motion to dismiss. Affirmed on appeal by the Third Circuit.

Reversal of $72 and $55 Million Judgments

Armstrong Teasdale attorneys obtained reversal from the Missouri Court of Appeals of two separate judgments – one for $72 million and one for $55 million – against our client in cases alleging that the use of personal care products containing talcum powder caused ovarian cancer. This was the subject of media attention around the country and earned trial lawyer Tom Weaver the title of Litigator of Week in the AmLaw Litigation Daily.

Upheld Regulations of the Missouri Conservation Commission

Armstrong Teasdale attorneys won an opinion from the Missouri Supreme Court upholding regulations of the Missouri Conservation Commission prohibiting the importation of whitetail deer.  The regulation was challenged by hunting lodge owners who imported the deer for private hunts. The opinion confirmed the constitutional authority of the Conservation Commission to regulate wildlife and game in the state, whether privately owned or not. The regulation was promulgated to protect all Missouri deer from chronic wasting disease.

Granted Writ of Prohibition in Dozens of Related Product Liability Actions

Granted writ of prohibition from the Superior Court of Pennsylvania in dozens of related product liability actions for a national window manufacturer.

Obtained Affirmance on Appeal in Federal Corporate Veil-Piercing Action

Obtained affirmance of summary judgment at the Court of Appeals for the Second Circuit in a federal corporate veil-piercing action involving a major web and mobile application company.

Obtained Quashal for National Law Firm on Appeal

Obtained quashal on behalf of a national law firm on appeal seeking to overturn sustaining of preliminary objections dismissing the lawsuit brought against the firm and others.

Successful Appeal to Missouri Supreme Court in Product Liability Case

Appealed a $1.1 million judgment in a product liability case to the Supreme Court of Missouri for a manufacturer of car haulers for tractor trailers. The Supreme Court reversed the judgment and remanded the case to the circuit court for a new trial.

$2 Million Judgment Affirmed on Appeal for Interior Design Firm in Breach of Contract Suit

Won a judgment, affirmed on appeal, for roughly $2 million for a small, family-owned interior design firm in a breach of contract suit against a Chicago-area hospital.

Multimillion-Dollar Personal Injury Toxic Tort Case for Fortune 150 Client

Tried multimillion-dollar personal injury toxic tort case for Fortune 150 corporation for over 12 weeks in Missouri state court. Represented the client in an appeal to the Missouri Court of Appeals resulting in the reversal of over $200 million in assessed damages.

Scope of Massachusetts Workers Compensation Act’s Exclusivity Provision

In a case of first impression, successfully represented a food production facility before the trial and appeals courts, which both held that the exclusivity provision of the Massachusetts Workers Compensation Act barred the employee of a staffing company, who was injured performing services for our client, from suing our client.

Obtained Landmark Appellate Ruling Defeating ERISA-Preemption Defenses to Fraud and Tort Claims

Represented a medical device provider in payment claims against a leading insurer that resulted in a landmark ruling by the U.S. Court of Appeals, Fifth Circuit, sustaining our client’s fraud and tort claims against ERISA-preemption defenses

Appellate Victory Affirming Court-Ordered Removal of Illegal Billboard

The Illinois Appellate Court affirmed a summary judgment order we obtained, compelling the removal of an illegal billboard that stalled completion of a shopping center development.

Appeal Affirms Dismissal of Class Action at the Outset

Prevailed for our national client on a putative class action at the outset, executing a strategy to moot the named plaintiff’s claims before the expense of class certification and merits proceedings even began. The dismissal with prejudice of plaintiff’s claim was affirmed on appeal.

Complete Victory for Defendant/Counterclaimant at Trial, Affirmed on Appeal

Defeated all claims against a building owner at trial and obtained a seven-figure judgment on the owner’s counterclaim against the contractor and its principals, including on veil-piercing theories and an award of attorney’s fees. The victory was affirmed on appeal.

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