In Brief: A Digest of Business Litigation Projects

Client Success

Successfully defended our client, a large coal company, against a claim by Gulf Power seeking over $100 million in damages as a result of client’s alleged breach of a multi-year coal supply agreement. Our team successfully argued that Gulf Power failed to prove that its cover purchases of coal were reasonable. The case was litigated for more than three years and included several unsuccessful mediation sessions lasting several days each;
Served as trial counsel for major accounting firm in a federal securities action in Alabama that resulted in favorable settlement.
Defended bank directors in class action case involving the issuance of subordinated capital notes. Plaintiffs alleged breaches of state and federal securities laws claiming the bank and directors defrauded them by failing to disclose the precarious nature of the institution’s capital position. Secured summary judgment in favor of the directors.
Served as trial counsel for physicians’ group in connection with fraud and breach of fiduciary duty claims arising out of fraudulent accounting and financial practices within a significant medical practice. Obtained a multimillion dollar verdict following five-week jury trial;
Defended failed savings and loan institution’s officers and directors against allegations of negligently underwriting and authorizing loans that ultimately defaulted and caused significant losses. Obtained favorable rulings and settlement for institution;
Represented multi-national electronics company as lead counsel in $55 million breach of contract/tortious interference lawsuit with a former Brazilian distributor and joint venture partner. Favorable settlement after discovery concluded;
Represented electronics company in its defense of a $20 million breach of contract and fraud case brought by a paging company. Jury verdict in favor of client was affirmed on appeal.
Defended a telecommunications company and its principals in a lawsuit brought by a Singapore telecommunications company alleging breach of contract and theft of trade secrets. Obtained a dismissal of all claims without payment of any money to the plaintiff.
Obtained summary judgment for one of the world’s largest corrugated box and packaging companies against claims of breach of contract and wrongful discharge, seeking more than $1 million in individual damages.
Obtained jury verdict for St. Louis architectural firm in a fraud case over the construction of a palace in Saudi Arabia.
Represented North America’s largest intercity bus transportation provider in $200 million defective design and breach of contract lawsuit brought in Illinois Circuit Court.
Represented a large bank in significant litigation involving contract and tort claims against the bank by certain borrowers. An identical case involving the client and the same issues had been defended by another firm in state court and the client was ordered to pay more than $14 million. Using creative arguments that had not been asserted by prior counsel, secured a complete victory on all claims, with summary judgment eventually entered in favor of client;
Representing a national bank in a suit by beneficiaries alleging breach of fiduciary duties by the bank as trustee of a trust. The trustee fees and expenses being sought are in excess of $7 million and the counterclaim breach of fiduciary duty claim amount is in excess of fees and expenses. Initially filed in 2001, this is one of the most complex and lengthy litigations of its type ever filed in Missouri;
Represented CuraScript Inc. in $100 million breach of supply agreement lawsuit by one of the largest pharmaceutical wholesalers in the world. Court granted CuraScript’s motion to dismiss the majority of the damages based on a limitation of liability provision contained in the agreement between the parties. The remaining portion of the case was settled on favorable terms to CuraScript;
Defended chemical company in lawsuit alleging breach of requirements contract for failure to supply product. Case was successfully mediated after briefing on client’s Daubert motion to bar plaintiff’s expert from testifying to lost profit model;
Advised developer in dispute over $30 million in tax increment financing (TIF) for expansion of shopping center in St. Louis County, Mo. Court upheld client’s position and the use of TIF funding, which allowed the expansion to go forward;
Won a summary judgment from the Missouri Court of Appeals that protects the right of health maintenance organizations (HMOs) to recover the costs of health benefits paid to federal employees.