Case Profile

Served as lead trial counsel and successfully sued for breach of contract for a salesman against his former employer. After a one-week jury trial in the Circuit Court for Cass County, State of Missouri, the Court entered a judgment for $2,331,336.28 against the salesman’s former employer.  Garvey v. Kuecker Equipment Co., Inc., Civil No. CV104-504CC (Cass Co. Cir. Ct. Aug., 2005)

Served as lead trial counsel and successfully defended a trucking company from Superfund/CERCLA claims brought by the United States for a polluted area of Illinois. After a one-week trial before the United States District Court for the Southern District of Illinois, the Court ruled that our client was not proved to have contributed any hazardous substances to the polluted site and the Court entered judgment for our client. United States of America v. Rogers Cartage Co., Civil No. 99-63-DRH (SDIL Nov. 20, 2003)

Successfully served as lead trial and appellate counsel for a large hog farm opposing a municipality’s attempt to “zone out” a large hog farm in a case decided by the Circuit Court of Putnam County and affirmed by the Missouri Supreme Court. Premium Standard Farms, Inc. v. Lincoln Township of Putnam County and Dana Mathes, 946 S.W.2d 234 (Mo. banc 1997)

Obtained affirmance of dismissal for lack of personal jurisdiction on behalf of out-of-state furniture manufacturer sued for breach of contract and fraudulent misrepresentation.  Miller & Co., LLC v. Asmayda Furniture Group, LLC, 439 S.W.3d 299 (Mo. Ct. App. E.D. 2014)

Served as lead counsel and successfully defended insurance company in a lawsuit brought in the United States District Court for the Eastern District of Missouri for alleged violations of federal and state anti-discrimination laws and federal antitrust laws and seeking $12 million in damages. Raphael Williams v. Delta Dental Plan of Missouri, 124 F.3d 209 (8th Cir. 1997)

Served as lead trial counsel and successfully defended a builder and developer in a lawsuit brought for alleged construction defects and breaches of contract for more than a million dollars in a jury trial conducted in the Circuit Court for Lee County, Florida. Marina South Shore Condominium Association, Inc. v. Punta Gorda Isles, Inc. and Burnt Store Marina, Inc., Cause No. 85-5712CA (Lee County, FL Cir. Ct. Aug. 2, 1991)

Served as lead trial and appellate counsel and successfully defended the City of Bridgeton in a challenge to Bridgeton’s zoning laws in a lawsuit tried in the St. Louis County Circuit Court and affirmed by the Missouri Court of Appeals for the Eastern District of Missouri.  J.R. Green Properties, Inc. v. City of Bridgeton, 825 S.W.2d 684 (Mo. Ct. App. E.D. 1992)

Served as lead counsel and successfully defended the City of Bridgeton in an election contest challenging a Hancock Amendment election in a lawsuit determined by the St. Louis County Circuit Court.  Gratton v. City of Bridgeton.

Served as lead counsel and successfully defended the City of Bridgeton in a First Amendment challenge to a Bridgeton licensing ordinance in a lawsuit determined by the United States District Court for the Eastern District of Missouri and affirmed by the United States Court of Appeals for the Eighth Circuit.  Postscript Enterprises v. City of Bridgeton, 905 F.2d 223 (8th Cir. 1990)

Served as lead counsel and successfully represented an entrepreneur in a First Amendment challenge to the City of Creve Coeur’s sign regulations in a lawsuit determined by the United States District Court for the Eastern District of Missouri.  Rafael Enterprises v. City of Creve Coeur.

Served as lead counsel and obtained dismissal for lack of personal jurisdiction of $500,000+ case in the St. Louis County Circuit Court against an Arkansas farmer and his company concerning seed purchases and a technology agreement.  Monsanto Co. v. David Morris d/b/a Double Bridges Farms, Case No. 08SL-CC00900 (St. Louis County Circuit Court Nov. 23, 2009)

Obtained summary judgment on behalf of a defendant in a multi-million-dollar case in the Superior Court of Arizona involving claims of Securities Fraud, Fraudulent Concealment, and Breach of Covenant of Good Faith and Fair Dealing.  AscenZ v. Southwest Bank of St. Louis, No. CV2008-015823.

Served as lead counsel and and obtained dismissal for lack of personal jurisdiction of case in the St. Louis City Circuit Court against an Indiana trailer manufacturer sued for violating Missouri’s Lemon Law.  Bonner v. KZRV, LP, Case No. 0922-CC01118 (St. Louis City Circuit Court Dec. 31, 1999)

Represented two homeowners defrauded in a real-estate scam and obtained $353,700 judgment in the St. Charles County Circuit Court, which included $171,144 in punitive damages.  Parks v. Funding Capital, L.C., Case No. 1011-CV10979 (St. Charles County Circuit Court Aug. 29, 2011)

Obtained summary judgment in the St. Louis County Circuit Court on behalf of a client who was defrauded as to a purchase made over the Internet.  The court awarded punitive damages of 10 times the amount of actual damages.  Siegel v. Crisalli, Case No. 09SL-AC17131 (St. Louis City Circuit Court Mar. 20, 2010)

Obtained $90,000 judgment in the St. Louis County Circuit Court on behalf of a private investigative business in Trademark Infringement, Fraud, and Indentity Theft lawsuit against a defendant who forged an investigative background report to make it appear it came from our client.  The court awarded $20,000 in punitive damages.  Mid-West Protective Services. v. Avalos, Case No. 08SL-CC00358.