Litigation

Secured summary judgment in the Circuit Court of Cape Girardeau County, Missouri, for a university client in a heavily contested employment discrimination case. A former university coach claimed she was discriminated against based on gender stereotyping and implicit bias. Following numerous depositions and testimony from expert witnesses on both sides, the Court granted summary judgment for the university on all counts.

Successfully represented a corporate executive in a federal court litigation concerning wage and commission payments which, following initial motion practice, resulted in a $2.4 million settlement for our client.

Represented employer against complaint seeking judicial review of decision denying unemployment benefits. Drafted and argued appeal, resulting in judgment affirming underlying denial.

Represented employer against administrative charge alleging discrimination based on religion. Negotiated favorable settlement for client.

Obtained arbitration judgment in excess of $7 million on behalf of IT services company, after the defendants wrongfully terminated a contract with our client and conspired with former employees of our client to divert a multimillion-dollar government contract.  Successfully represented our client before the Virginia courts in proceedings to vacate the arbitrators’ award, which was ultimately upheld by the Virginia Supreme Court.

Successfully represented three sisters in a dispute with their brother concerning allegations of misappropriated funds and ownership in commercial real estate, which resulted in a settlement of more than $3 million for our clients.

Defeated a motion  by property owner to cancel client’s notice of pendency on real property, on grounds that property owner was “alter ego” of parties who defaulted on the loans totaling $1,545,000.

Secured judgment for insurance client and its insured in the U.S. District Court for the Eastern District of Missouri for more than $2.3 million in a case concerning which of two insurers would pay for the settlement of an underlying civil action. Following jury and bench trials in favor of the client, the court awarded nearly all damages sought as well as more than $646,000 in prejudgment interest.

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.

Defended auto parts assembler against breach-of-contract and indemnification claims arising from the large-scale safety recall of a sedan that cost its automaker $25 million. A jury in Oakland County, Michigan, agreed that the client’s assembly process did not cause the defect that led to the recall and rendered a no-liability verdict on the claim after a five-week trial, held just miles from the automaker’s U.S. headquarters.

Successfully defended (at both the trial and appellate levels) several corporations in a multimillion-dollar fraud action, and obtained an award on behalf of the client for the attorney’s fees the client incurred in defending the action.

Represented a national managed services provider in an action against one of the largest international owners of luxury and upscale hotels. The case involved civil theft, constructive fraud and violation of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA). Settled favorably for our client.

Served as lead trial counsel in numerous jury and bench trials in the state and federal courts in Kansas and Missouri. Successfully argued numerous cases in the Kansas and Missouri appellate courts, and before the Eighth and Tenth Circuit Courts of Appeal. Cases have involved construction defects, architect and accountant liability, title insurance and bad faith, and creditors’ rights claims.

Obtained judgment for seller in a declaratory judgment action involving a property and insurance dispute.