Representation of Design Joint Venture in $4 Billion LaGuardia Redevelopment
Represented the design joint venture in defense of claims from the $4 billion redevelopment of LaGuardia Airport Central Terminal B in New York City, the largest public-private partnership (P3) undertaken in the United States.
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.
Defense of Convenience Store Client in Personal Injury Case
Represented a convenience store client in a jury trial before the Western District of Missouri in a case involving a slip and fall at a fueling station following a major winter storm. The plaintiff asked the jury for damages related to medical expenses, past pain and suffering, and future pain and suffering. Following a four-day trial, the jury assigned 94% of the fault to the plaintiff and only 6% to the client.
Dismissal from a Putative Class Action Lawsuit
Secured dismissal from a putative class action in the Eastern District of New York for the client, an au pair organization. The plaintiff asserted minimum wage and overtime violations of the Fair Labor Standards Act, the New York Labor Law, and the wage and hour laws of all other states; and sought to represent a nationwide FLSA collective action and a nationwide state wage-and-hour law class action. After moving to compel arbitration or dismiss, the plaintiff dismissed the client from the lawsuit.
Defense Counsel for Mobile Advertising Platform Developer and Directors in Delaware Chancery Court
Served as defense counsel for a mobile advertising platform developer and its former directors in a Delaware Chancery Court action alleging breach of fiduciary duty and disclosure violations arising out of an M&A transaction.
Representations in Action Seeking Access to Company’s Records
Represented companies defending, and shareholders and members prosecuting, actions seeking access to a company’s books and records pursuant to Section 220 of the Delaware General Corporation Law and Section 18-305 of the Delaware LLC Act.
Defense Counsel for Employee Retirement Investment Funds in Two of the Largest Fraudulent Conveyance Actions in History
Served as defense counsel for employee retirement investment funds of a Fortune 100 company in two of the largest fraudulent conveyance actions in history, filed in the Southern District of New York.
Defense Counsel in Advancement Action
Defended company in Delaware chancery court in action brought by former officers and directors for advancement of attorneys’ fees and expenses under indemnification provisions of company’s corporate charter and separate indemnification agreements.
Defense Counsel in Business Divorce Arbitration
Represented company and its officers and directors against former officer’s and shareholder’s breach of fiduciary duty claims in arbitration.
Defense Counsel Against Action to Obtain TRO, Preliminary Injunction
Served as defense counsel to employee and employee’s company against an action by former joint venture partner to obtain a temporary restraining order and preliminary injunction involving contested nondisclosure and noncompete agreements.
Sweeping Victory in Dispute, Arbitration Involving $500 Million Fee for Hong Kong Insurance Company After Failed Acquisition
Successfully represented one of the largest insurance companies in China in a dispute with a large American insurance company related a $500 million break-up fee after a failed acquisition. A five-day Hong Kong arbitration resulted in a sweeping victory on all counts allowing the client to retain the $500 million fee.
Counsel to Secured Creditor in Farming Operation Litigation and Bankruptcy
Served as lead and trial counsel to lender in federal litigation for breach of contract, fraud, and replevin and for non-dischargeability and defense of lien avoidance in subsequent bankruptcy.
Trial Counsel on Breach of Contract Damages and Assignment of Contract, Affirmed on Appeal
Served as Plaintiff’s counsel and lead trial counsel on damages claim for breach of contract and/or negligence and rights on assignment. Matter affirmed on appeal, per curiam.
Counsel to National Mortgage Servicer Defending Consumer Protection Claims and Affirming on Appeal Second Trial Judge’s Authority to Rule Conversely on Second Summary Judgment
Served as counsel to lender/servicer in defense of multi-count counterclaim for damages in context of foreclosure action, affirmed on appeal following differing decisions by original and successor trial judge.
Multimillion-Dollar Litigation Victory in Disputed Business Acquisition
Represented animal product manufacturer in investigation of regulatory defects in business acquired by client and litigation for breaches of acquisition agreement. Successfully prosecuted federal court litigation alleging more than $7 million in damages, resulting in highly favorable settlement for client.
Dismissal of Claims Against Fire Expert Client
Secured dismissal of abuse of process and malicious prosecution claims against our client, a fire origin and cause expert who had been retained by an insurance company to investigate a house fire. Based on the expert’s opinion that the fire was intentionally set, the insurer filed a declaratory judgment action seeking a determination of no insurance coverage. A jury found against the insurer and in favor of the homeowner. Subsequently, the homeowner filed suit against the insurer and expert for actual and punitive damages, alleging the expert “instigated” the declaratory judgment action by providing false information because he did not follow the proper scientific methodology contained in NFPA 921. The U.S. District Court for the Western District of Missouri granted the motion to dismiss all claims against the expert based on its finding that the expert did not instigate the declaratory judgment action, the declaratory judgment action presented an actual case or controversy, and the expert’s opinion met the requirements of Fed. R. Civ. P. 702 and NFPA 921.
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.
Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General
Served as counsel in a first-of-its-kind, five-day preliminary injunction hearing, winning a complete victory for a large career college, in which the Colorado Attorney General’s office sought 21 separate, broad injunctions. Subsequently tried a four-week bench trial against consumer protection and lending claims where the Colorado Attorney General sought $240 million. A decision in the matter is pending.
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.
Dismissal of $1 Billion Class Action Claim
Dismissal of Potential Multimillion-Dollar Class Action
Obtained dismissal of a class action suit on appeal against our client over an alleged violation of the Fair Credit Reporting Act (FCRA). The decision helped the client avoid a potential liability of up to $1,000 per violation (i.e., per applicant/employee) over the preceding five years, with total damages projected to be millions.
Defense Verdict in $3.7 Million Jury Trial
Secured a defense verdict for a St. Louis, Missouri-area medical group following a five-day jury trial. The plaintiff and her attorneys asked for a verdict of $3.7 million following a laparoscopic gynecological surgery. After 82 minutes of deliberation, the jury returned with a defense verdict.
Defense Verdict for Insurance Client
Obtained a defense verdict for our insurance client following a three-week trial. The plaintiff sought $3.1 million related to a consent decree where it agreed to clean up soil and groundwater contamination from a manufacturing site. The insurers asserted that the plaintiff knew about the contamination for decades and did not properly notify its insurers, and that prior claims had been made associated with the contamination without proper notice. The jury found in favor of the insurers on all claims.
$12 Million Jury Verdict in Patent Infringement Case
Obtained jury verdict and award of $12 million in past damages against a client's subsidiary for infringement of computer software patent. Additionally, obtained jury verdict of noninfringement on patent infringement counterclaims.
Summary Judgment in Qui Tam Action Alleging Medicare Fraud
Obtained summary judgment on behalf of health care client in a qui tam action under the False Claims Act. In this case, the whistle blower sought over $1 billion, based on all claims submitted. The judgment, regarding allegation of Medicare fraud, was successfully defended on appeal.
Largest 2014 Missouri Defense Verdict
Won the largest 2014 defense verdict in Missouri on behalf of a gas company in a $30 million furnace explosion case. The ranking was reported by Missouri Lawyers Weekly.
Second-Largest 2013 Missouri Defense Verdict
Won the second-largest 2013 defense verdict in Missouri for its representation of a hospital in a medical negligence case. The ranking was reported by Missouri Lawyers Weekly.
Successfully Defended Snack Chip Manufacturer Against Infringement, Other Claims
Successfully defended client against claims of patent infringement, trademark infringement, trade secret misappropriation and unfair competition brought by leading manufacturer of snack chips. Secured a defense verdict on all claims.
Multimillion-Dollar Patent Infringement Verdict
Won multimillion-dollar jury verdict of patent infringement for trace detection equipment in the United States District Court for the Eastern District of Virginia.
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.
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