Decertification of a 3,500-Person Class Action
The Missouri Supreme Court made permanent a writ of prohibition directing the trial court to decertify a class seeking damages for repossession and disposition of collateral. The Court held that the class was overbroad because 87% of its members had already been subject to deficiency or bankruptcy judgments extinguishing their claims.
Ray has served as a mediator in a number of complex multi-party cases. Representative cases include a dispute over damages and remediation of a contaminated landfill; a dispute over claims by personal seat license holders against an national sports league team that left the city; a class action dispute concerning wage calculations; a class action dispute concerning promotional policies and testing; a whistleblower claim against a governmental agency; and a complex multi-partner dispute.
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.
Upheld Regulations of the Missouri Conservation Commission
Armstrong Teasdale attorneys won an opinion from the Missouri Supreme Court upholding regulations of the Missouri Conservation Commission prohibiting the importation of whitetail deer. The regulation was challenged by hunting lodge owners who imported the deer for private hunts. The opinion confirmed the constitutional authority of the Conservation Commission to regulate wildlife and game in the state, whether privately owned or not. The regulation was promulgated to protect all Missouri deer from chronic wasting disease.
Obtained Reversal of Circuit Court Judgment Affirming Tax Assessments for Natural Gas Pipelines
Obtained a reversal in the Missouri Court of Appeals of a Missouri State Tax Commission ruling, upheld on appeal to the circuit court, that disallowed depreciation in the calculation of real and personal property tax assessments for a statewide system of natural gas pipelines. Because the pipelines crossed 16 counties in the state, each of the underlying county assessments had to be appealed separately, necessitating appeals in each district of the Court of Appeals.
Successful Intervention Under Amended 537.065 and Then $8 Million Award in Arbitration Action
Successfully intervened in arbitration approval action on behalf of insurance company months after alleged insured entered into R.S.Mo. 537.065 agreement. Following intervention, the court vacated its judgment approving an $8 million arbitration award against the alleged insured.
Successful Appeal to Missouri Supreme Court in Product Liability Case
Appealed a $1.1 million judgment in a product liability case to the Supreme Court of Missouri for a manufacturer of car haulers for tractor trailers. The Supreme Court reversed the judgment and remanded the case to the circuit court for a new trial.