Experience
Judgment for Prosecutors Retirement System Affirmed on Appeal
Secured judgment on the pleadings in Jackson County Circuit Court for the Prosecuting Attorneys and Circuit Attorneys’ Retirement System (PACARS), which provides benefits to Missouri prosecutors and the Circuit Attorney of the City of St. Louis. The class action suit challenged the constitutionality of a surcharge imposed by Missouri courts in criminal cases to fund the retirement system. Judgment was affirmed by the Missouri Court of Appeals, which also vacated an earlier order finding the surcharge unconstitutional. The plaintiff sought transfer to the Supreme Court of Missouri, which was denied.
Defense Verdict for Utility Company Client in Two-Week Jury Trial
Secured a defense verdict for a utility client after a two-week jury trial in Johnson County, Missouri. The plaintiffs alleged that their house and personal belongings were destroyed by a fire they claimed was caused by our client. They also claimed our client failed to timely respond after being notified of electrical issues at the house. The incident occurred during a major winter storm event that impacted the entirety of our client’s service area. Plaintiffs initially asserted claims for negligence and recklessness, and violations of the Missouri Merchandising Practices Act (MMPA), seeking more than $650,000 in compensatory damages. They also sought punitive damages and told the jury during voir dire that they intended to ask for $20-30 million. After six years of litigation and a two-week trial, the jury deliberated for about an hour before finding entirely in favor of our client.
Summary Judgment for Insurer in Garnishment Action
Obtained summary judgment on behalf of an insurer in a garnishment action seeking to collect on a $5,150,000 arbitration award against the insured. We demonstrated that the insurer correctly denied a defense and indemnity to the insured pursuant to a household resident exclusion of a homeowners insurance policy.
Breach of Contract Judgment in Favor of Business Products and Services Client
Secured judgment in favor of a business products and services client in a breach of contract dispute with a former customer, who stopped paying invoices on a 60-month contract. The client filed suit in Jackson County, Missouri, Circuit Court for breach of contract and quantum meruit seeking liquidated damages and unpaid invoices plus interest. The defendant denied that the client was entitled to pre-judgment interest and liquidated damages. Following a bench trial, the judge found in favor of the client on all claims and awarded all damages plus interest.
