Experience

Summary Judgment Affirmed for Health Care Client in IVF Services Dispute

Represented a regional hospital system in a medical malpractice dispute arising from in vitro fertilization services provided to a then-husband and wife. When it was revealed the wife had substituted the husband’s semen sample for that of another man, the husband and the surrogate who carried the baby filed suit in St. Louis County Circuit Court. The Missouri Court of Appeals for the Eastern District affirmed an order granting summary judgment in favor of the defendants.

Dismissal with Prejudice of Claims Against School Board Chair

On our motion, we secured a dismissal with prejudice for the board chair of a private school on claims of consumer fraud and infliction of emotional distress. The multi-party suit arose out of alleged acts and omissions at the school related to claimed cyberbullying and a former student’s tragic death by suicide.

Summary Judgment for Media Companies in Fee Dispute

Obtained summary judgment in class action filed against media companies in St. Louis County Circuit Court seeking to collect fees allegedly owed by the media companies to local municipalities.

Settlement for Semiconductor Manufacturer in International License Dispute

Represented a major semiconductor manufacturer in a dispute filed by a competitor in Delaware court. The plaintiff, also a major semiconductor manufacturer, asserted claims for breach of a patent cross-license and supply agreement in this highly competitive industry, and sought to recover substantial damages. After dozens of international depositions and important rulings on substantive motions, the parties entered into a confidential settlement agreement.

Dismissal of Wrongful Termination Suit

Obtained dismissal of a wrongful termination lawsuit in Jackson County, Missouri. The plaintiff, a former employee, alleged she was terminated from employment as retaliation for engaging in whistleblowing. We argued for dismissal because the claims were preempted by Missouri employment statutes and the allegations did not set forth any facts about protected whistleblowing. The court dismissed with prejudice.

Affirmance of District Court Judgment for Insurance Client

Prevailed in Eighth Circuit Court of Appeals for insurance company client, obtaining an affirmance of a district court judgment enforcing a settlement agreement. The parties had settled litigation pursuant to the federal court’s early mediation program. The plaintiff then challenged the settlement arguing fraud. The district court rejected the plaintiff’s challenges and entered a judgment enforcing the settlement as drafted by the defendant. During the appeal at the Eighth Circuit, the plaintiff filed a post-judgment motion for relief and filed a second appeal following the denial of that motion. The Eighth Circuit granted summary affirmance to our client and dismissed the second appeal.

Secured Summary Judgment for Hospital in Administrative Action Challenging the Religious-Organization Exemption from Missouri Human Rights Act

Secured summary judgment for a hospital in Cole County Circuit Court in a writ of mandamus brought by a physician challenging the Missouri Commission on Human Rights’ (MCHR) denial of a Notice of Right to Sue. The Court granted judgment in favor of the hospital, agreeing with the MCHR that the hospital is exempt under the Religious Organization Exemption and not subject to the MHRA.

Reversal of $72, $55 and $110 Million Judgments

Armstrong Teasdale attorneys obtained reversal from the Missouri Court of Appeals of three separate judgments – for $72 million, $55 million and $110 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.

Representation of Major International Pharma Company in Qui Tam Litigation

Represented a major international pharmaceutical company in qui tam litigation alleging violations of the False Claims Act and Anti-Kickback Statute.