Opposition to Temporary Restraining Order for Freight Company
Defended a Canadian freight company against an emergency motion for temporary restraining order (TRO) demanding immediate return of leased trailers. Prepared a response and affidavit under very limited time constraints, and successfully argued in opposition to the motion for TRO. The judge denied the TRO, which would have caused serious harm to our client and its customers if granted.
Class Action in Large IoT Liability Case for Plaintiff Against Automotive Manufacturer
Serves as lead counsel for three certified plaintiffs’ classes totaling an estimated 400,000 to 500,000, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles susceptible to being hacked in a way that would allow the hacker to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition. Claims include breach of warranty and violations of various states’ consumer protection statutes.
Summary Judgment Affirmed for University Workers in Co-Employee Case
The Missouri Court of Appeals, Eastern District, affirmed summary judgment for three employees of a university who were sued by a co-worker who sustained personal injuries in a fall at work. Summary judgment in the case was granted in 2014, and while the case was on appeal, the relevant law changed three times. In the end, the Court of Appeals held that the clients did not have a duty to protect the plaintiff from risks in the workplace.
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 Fraud, MMPA Case Against College Owner
Secured dismissal of a case against the owner of a career training college after the college closed abruptly. The plaintiffs filed suit for fraud and violations of the Missouri Merchandising Practices Act alleging the college and its advertisements knowingly made false representations of student outcomes. After obtaining depositions from the two plaintiffs where they admitted they had no contact with the client, we also obtained sworn affidavits from former employees saying the client had no part in the day-to-day operations of the college or the drafting of its advertisements. The plaintiffs were unable to find witnesses to say otherwise and voluntarily dismissed the case.
Ongoing Indemnity Litigation in Missouri Trial and Appellate Courts
Representation of Fortune 150 corporation in complex commercial indemnity litigation in both Missouri state and appellate courts.
Represented Clinical Commercial Laboratories in Series of Claims
Represented a series of clinical commercial laboratories in a lawsuit against a publicly traded instrument manufacturer on claims for breach of warranty, fraudulent misrepresentation and omission, and violations of various consumer protection laws. Plaintiffs seek tens of millions of dollars in damages. Trial is scheduled for 2019.
Successfully Defended Packaging Company in Breach of Contract Case Following Acquisition
Successfully defended a packaging company against the alleged breach of a supply agreement entered into following the acquisition of a plastics manufacturing business from the plaintiff. Following the sale, the plaintiff continued to sell a specialty product, which would be manufactured by our client, and sought return of certain equipment used for its production. The suit was filed in state court in North Carolina, removed to federal court in North Carolina, then further transferred to U.S. District Court for the Eastern District of Missouri. Our client filed counterclaims and third-party claims for fraud in connection with the supply agreement. Our client filed a separate action for fraud in connection with the sale of the plastics manufacturing business against the plaintiff and its principals in U.S. District Court for the District of Delaware. All claims were resolved after mediation for a nominal payment and non-monetary terms.