Experience

$8.3 Million Verdict for Client in Business Negligence Case

Tried a complex contract and tort lawsuit in District Court for the Eastern District of Missouri on behalf of plaintiff garment design company whose building was destroyed after a natural gas explosion. Obtained an $8.3 million verdict for clients after a seven-day trial. Verdict was ranked the #25 plaintiff win in Missouri in 2017.

Favorable Settlement After Multimillion-Dollar Summary Judgment for Plaintiff Vacated

Successfully argued a motion for new trial on a summary judgment order against the client in a Missouri class action. After argument, the trial court vacated a prior summary judgment ruling in favor of the plaintiff class on a claim worth tens of millions of dollars in damages. The parties settled the case soon after the court vacated its order of summary judgment.

Investigation for Hospital of Officers' Practices, Policies

Retained by hospital board of directors to conduct across-the-board investigation of hospital officers’ practices and policies, including potential Medicare fraud, violations of the False Claims Act, violations of the federal Anti-Kickback Statute and HIPAA violations. 

Successful Defense of Client in Trade Secret Claim

Successfully defended a construction industry client in a trade secret claim wherein the Federal Court in Washington transferred the case on a venue motion to a Federal Court in California. The parties settled the case soon after transfer.

Successful Representation in Noncompete Case

Successfully represented a construction company in a Missouri Circuit Court against four former employees who formed a competing business in violation of a sales representative agreement containing noncompetition and nonsolicitation clauses. After trial, the Court granted an injunction barring the defendants from unlawfully competing against the client.

Favorable Outcome in Arbitration for Banking Client

Secured a ruling in favor of a banking client that had been accused of violating a vendor’s agreement after three days of arbitration in Milwaukee, Wisconsin. The plaintiff, a former vendor of the bank, sought $1.1 million in damages, plus attorneys’ fees. The bank counterclaimed alleging its performance was excused by the vendor's prior material breach of the agreement.

Successful Appeal for Payment Agent Client in UCC Case

Successfully argued an appeal before the U.S. Court of Appeals for the Ninth Circuit. In affirming the jury verdict in favor of the client, the appellate court held for the first time that a payment agent, such as the client, was not an account debtor under the Uniform Commercial Code.

Significant Ruling in Illinois Appellate Court Relating to Privileged Medical Information

Successfully argued an appeal of a ruling in favor of a rural hospital district in the Appellate Court of Illinois for the Fifth District. For the first time in Illinois, an appellate court held that a patient’s name is privileged medical information and not subject to discovery. The ruling affirmed the trial court’s decision denying a newspaper's access to the hospital-client's peer review files.

Favorable Ruling for Physician in Breach of Contract Arbitration

Secured a favorable ruling for a physician after three days of arbitration. The physician was sued for breach of contract by a national health care organization.

Successful Appeal in FMLA Rights Case

Successfully argued an appeal before the U.S. Court of Appeals for the Eighth Circuit where the Court affirmed the trial court's grant of summary judgment in favor of our health care client in a case alleging that the client violated the former employee's Family and Medical Leave Act (FMLA) rights. The appellate court’s ruling further clarified the employer’s obligations when requiring return to work certifications under FMLA.

Successful Defense of $30 Million Claim Relating to Intentional Business Interference

Successfully defended real estate clients in a Missouri Circuit Court from a $30 million claim for intentional interference with contract and from attempts to obtain injunctive relief preventing them from doing business.

Defense Verdict for Finance Company in Alleged Intentional Interference Case

Won a defense verdict for a client after a six-day jury trial in the U.S. District Court for the District of Nevada. The client was sued by a finance company for alleged intentional interference with contract. The finance company, which alleged the client unlawfully took its clients, sought $4.2 million in damages plus punitive damages.

Favorable Ruling for Transportation Company in Improper Competition Case

Secured a ruling in favor of a transportation client after two days of trial in a case filed by a competitor attempting to obtain an injunction preventing the client from doing business and seeking damages for alleged improper competition in violation of Missouri transportation statutes.

Successful Appeal Concerning Equitable Cleanup Doctrine

Successfully argued an appeal before the Missouri Supreme Court which made absolute a Writ in Prohibition preventing the trial court from denying the health care client's jury trial demand. In doing so, the Missouri Supreme Court changed the law concerning the equitable cleanup doctrine.

Decision Affirmed on Appeal, Denying Class Certification in Housing Discrimination Action

Successfully argued before the U.S. Court of Appeals for the Eighth Circuit which affirmed a trial court's ruling denying class certification of Missouri County residents in a housing discrimination action against the county. The appeals court also affirmed the lower court’s granting of summary judgment in favor of the client on the main claims in the case.

Appellate Court Held that Federal Arbitration Act Preempts State Law in Employment Case

Secured reversal of the trial court's denial of the client's motion to compel arbitration in an appeal before the Missouri Court of Appeals for the Eastern District of Missouri. The appellate court held that for employment contracts affecting interstate commerce, the Federal Arbitration Act preempts state law.

Favorable Verdict for Banking Client After One-Week Jury Trial

Secured a verdict in favor of a banking client after a one-week trial in Illinois Circuit Court. The jury rendered the verdict in a suit by a terminated employee for alleged defamation of character, intentional infliction of emotional distress and negligent infliction of emotional distress.

Defense Verdict in Alleged Excessive Force Case for County, Police Department and Officers

Secured a defense verdict in favor of a Missouri County, its police department and police officers after a one-week jury trial in the U.S. District Court for the Eastern District of Missouri. The defendants had been sued for alleged violation of the plaintiffs’ Constitutional rights. The case concerned alleged use of excessive force in the arrest of plaintiffs.

Defense Judgment for Auto Manufacturer in Title VII Case

Won a complete defense judgment after four days of trial in the U.S. District Court for the Eastern District of Missouri, on claims against an automobile manufacturer sued for allegedly violating Title VII in the termination of plaintiff.

Verdict for Local Hospital in $120 Million Retaliation, Discrimination Suit

Secured a verdict in favor of a local hospital after a one-week jury trial in U.S. District Court for the Eastern District of Missouri on all claims filed by a former employee. The plaintiff alleged his termination was in retaliation for exercising rights under the Missouri Workers’ Compensation laws and in violation of state and federal laws prohibiting racial discrimination and sought $120 million in damages.

Defense Verdict for National Convenience Store Chain in Racial Discrimination Case

Won a complete defense judgment after a four-day trial in U.S. District Court for the Eastern District of Missouri for a national convenience store chain in a racial discrimination case.