Appellate

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.

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.

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.

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.

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.

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

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.

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

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.

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.

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

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.