Experience
Secured Dismissal for Banking Client in Loan, Foreclosure Matter
Secured motion to dismiss in St. Louis County Court for a Missouri state-chartered banking client. The plaintiffs claimed several million dollars in damages related to a loan and foreclosure by the client and filed claims alleging breach of contract, breach of implied covenant of good faith and fair dealing, breach of fiduciary duty, wrongful seizure and liquidation in a prior replevin case, and a wrongful foreclosure sale. The plaintiffs voluntarily withdrew their claims and set forth new claims of negligent misrepresentation or concealment, fraudulent misrepresentation or concealment and breach of contract/third-party beneficiary. The Court granted our motion to dismiss based on arguments of res judicata and failure to state a claim, and dismissed the claims with prejudice.
Favorable Settlement and Dispute Resolution for Animal Feed Producer
Successfully opposed efforts to seek class certification in U.S. District Court for the Eastern District of California in case founded upon consumer fraud claims, resulting in a favorable settlement for the client and elimination of continued liability exposure.
Counsel to Pet Food Company Expanding to National Sales
Serving as regulatory, compliance and litigation counsel to pet food company growing from a regional online sales presence to national in-store distribution.
Regulatory Compliance Work for Private Label Food Manufacturer
Provided counsel concerning regulatory compliance with FDA and state regulatory entities for multiple product lines involving multiple customers/retailers, as well as assisted with contractual disputes arising from co-manufacturer agreements.
Litigation Counsel for Craft Brewery
Represented a regional craft brewery in the course of dispute with distributor’s breach of agreement.
Ongoing Indemnity Litigation in Missouri Trial and Appellate Courts
Representation of Fortune 150 corporation in complex commercial indemnity litigation in both Missouri state and appellate courts.
$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.
Counsel to Meal Kit Company Preparing for Future Growth
Provided counsel to meal kit delivery service experiencing exponential growth. Addressed complex regulatory and sensitive litigation issues with innovative strategies to position the client for future growth and success.
Dismissal for Transportation Company in Contamination Lawsuit
Secured early dismissal of a matter in federal District Court for the District of Kansas for a transportation company in a food contamination lawsuit involving assorted negligence claims and claims under the Perishable Agricultural Commodities Act (PACA).
Favorable Outcome for Public Utility in Inverse Condemnation Trial
Tried a matter in Missouri state court for a public utility in a tort and takings lawsuit in which a favorable outcome was obtained for the defendant.
Favorable Verdict in Condemnation Action for Utility
Tried a condemnation action through verdict in Missouri state court on behalf of utility. Successfully obtained a property value award millions less than the amount demanded by the property owner.
Obtained Summary Judgment for City Facing Multiple Claims
Obtained summary judgment ruling dismissing as a matter of law all federal and state claims asserted in a lawsuit filed in federal District Court for the Eastern District of Missouri against a city and won an award of the entirety of the client’s attorneys' fees and costs as prevailing party, despite heightened obstacles to obtaining the same as a defendant.
Summary Judgment for Banking Institution Seeking to Protect Multimillion-Dollar Investment
Briefed and successfully argued summary judgment motion in Missouri state court on behalf of a regional banking institution seeking to protect a multimillion-dollar investment and obtained an order granting requested relief.
Summary Judgment for Consumer Goods Client
Obtained summary judgment on behalf of a consumer goods retailer in a complex declaratory judgment suit seeking the invalidation of a commercial lease and damages in the District Court for the Eastern District of Virginia.
