Experience

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

Successfully defended the operator of a commercial website against a putative class action involving alleged interception of an online customer's personal information, including credit card information, and disclosure of that information to third parties without the customer's consent. The plaintiff argued that this information, which was stored in a browser file before being sent to the website, was not yet a communication to website and that the interception and transmission of that information via JavaScript commands was illegal under the Wiretap Act. The court agreed with the website operator's arguments and dismissed the action. Plaintiff's counsel was seeking over $1 billion in damages, making this a significant victory.
 

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.

Won Business Tort, Defamation Cases for Contract Manufacturer

Won suits brought in Pennsylvania state court against a contract manufacturer alleging various business torts and defamation.

Representation of Labor Union Against Various Claims

Represented a labor union in connection with allegations of defamation, intentional infliction of emotional distress and related business torts.

Multiple Defense Verdicts, Favorable Settlements for Global Software Company

Litigated multiple AAA consumer arbitrations on behalf of global software company resulting in multiple defense verdicts or favorable settlement terms.

Representation of International Logistics Company in Contractual Disputes

Represented an international logistics company in a wide variety of contractual disputes.

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Kansas City, MO
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