Experience

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.

Summary Judgment for Transportation Industry Client

Secured summary judgment for a transportation industry client in a personal injury case in which a delivery truck driver sustained significant injuries. The Judge dismissed the case finding that the client owed no duty to the driver because any risk or danger was created by the driver, not the client.

Obtained Motion to Dismiss for Real Estate Agent

Obtained a motion to dismiss on behalf of a real estate agent in a matter alleging falsities in a Seller’s Disclosure. The case was dismissed for failure to state a claim.

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.

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225 Franklin Street
26th Floor
Boston, MA 02110
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Denver, CO
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Suite 800
Denver, CO 80237
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Denver, Colorado
Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
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Jefferson City, MO
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Suite 210
Jefferson City, MO 65109
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Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
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Las Vegas, NV
3770 Howard Hughes Parkway
Suite 200
Las Vegas, NV 89169
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New York, NY
919 Third Ave., 37th Floor
New York, NY 10022
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Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
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Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
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Salt Lake City, UT
257 East 200 South
Suite 350
Salt Lake City, UT 84111
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St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
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St. Louis, Missouri