Experience
Reinstatement of Judge’s Pension Following Guilty Plea
Secured reversal at the Supreme Court of Pennsylvania of the forfeiture of a judge’s state pension by the State Employees’ Retirement System (SERS). After the judge pleaded guilty to two charges of violating 18 U.S.C. Section 1001 by lying to federal investigators, SERS informed him that by doing so he forfeited his pension under the Public Employee Pension Forfeiture Act (Act 140) and that the violation of the federal statute was “substantially the same” as violating 18 Pa.C.S. Section 4906. The Pennsylvania Supreme Court ruled unanimously that the statutes were not identical, overturning the Pennsylvania Commonwealth Court’s ruling and precedent set in Merlino v. Philadelphia Board of Pensions and Retirement.
$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.
Nevada Supreme Court Affirms Ruling in Favor of Publicly Traded Client
Prevailed in corporate litigation appeal before the Nevada Supreme Court. Shareholders invoked the "substantial benefit" doctrine and demanded that our client, a publicly traded corporation, pay $250,000 in attorney's fees because the corporation took corrective action in response to the Shareholders' demand letter. The Shareholders, however, never filed suit on the corrective action. The Nevada Supreme Court held that the substantial benefit doctrine in Nevada (analogously called the "corporate benefit doctrine" in Delaware) requires predicate litigation before shareholders can recover attorney's fees. This was a case of first impression for a state supreme court and implicates shareholder litigation across the nation.
Successful Verdict in Four-Week Trial for Disease/Genetics Testing Corporation
Represented plaintiff health sciences corporation in a patent infringement action relating to its automated tissue processing systems used in the diagnosis of a variety of diseases. The four-week jury trial resulted in a verdict finding infringement on all asserted claims, which was upheld on appeal before the Federal Circuit.
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 Appeal for Regional Development Company
Represented a regional development company in a successful appeal to the Pennsylvania Supreme Court in a case of first impression.
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.
Trial Win for Telecommunications Client on Tortious Interference Claims
Won at two-week trial for a major telecommunications company in the U.S. District Court for the District of Minnesota on tortious interference claims against an entity that had conspired with a local telephone company to engage in a traffic pumping scheme. The judgment entered in our client's favor approximated $2 million, and the Eighth Circuit affirmed the decision.
Developed Successful Legal Defense Strategy in High-Profile White-Collar Criminal Prosecution
Served as part of the team that represented an executive in high-profile criminal prosecution. Developed legal defense that ultimately was adopted by the U.S. Court of Appeals for the Third Circuit in reversing trial court conviction.
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.
