Our team assists lawyers and clients by developing creative options that take account of the big picture and the fine details involved in every case.
We are regularly called upon to prepare motions to dismiss, motions to strike or limit expert testimony, writ petitions, motions for summary judgment, jury instructions and post-judgment motions. In addition, we cover all aspects of the appellate process, including preparation of the notice of appeal, the record on appeal and the appellate briefs, as well as oral argument. We also handle interlocutory (pre-trial) appeals and prepare amicus (friend of the court) briefs.
In appropriate cases such as high-stakes or “bet the company” litigation, we assist the lead trial lawyer as “appellate counsel in residence,” helping to protect the record before, during and after trial.
Successes
EIGHTH CIRCUIT UPHOLDS DISMISSAL OF MEDICAL MALPRACTICE CASE: Ross v. Chandra, No. 24-3099, 2025 WL 817420 (8th Cir. Mar. 14, 2025) (affirming dismissal of plaintiff’s complaint in medical malpractice case for failure to comply with affidavit requirement)
KANSAS COURT OF APPEALS AFFIRMS SUMMARY JUDGMENT IN EIGHTH AMENDMENT CASE: Elliot v. Centurion of Kansas, LLC, 563 P.3d 1287 (Kan. Ct. App. 2025) (summary judgment for failure to exhaust administrative remedies upheld)
TENTH CIRCUIT AFFIRMS DISMISSAL OF COMPLAINT: Blake v. Wallace, No. 22-3163, 2024 WL 5087805 (10th Cir. Dec. 12, 2024) (affirming dismissal of plaintiff’s civil rights claims for failure to state a claim)
DISMISSAL FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES UPHELD: Lynn v. Willnauer, No. 23-3111, 2024 WL 5040627 (10th Cir. Dec. 9, 2024) (dismissal for failure to exhaust administrative remedies upheld)
SEVENTH CIRCUIT UPHOLDS DEFENSE VERDICT IN SECTION 1983 CASE: Pittman v. Madison Cnty., Ill., 108 F.4th 561 (7th Cir. 2024), reh’g denied, 2024 WL 3889635 (7th Cir. Aug. 21, 2024), and cert. denied, 24-572, 2025 WL 299586 (U.S. Jan. 27, 2025) (defense verdict upheld because jury instruction did not prejudice plaintiff)
FAILURE TO COMPEL ARBITRATION OVERTURNED BY MISSOURI COURT OF APPEALS: Martin v. HW Automotive, LLC, 698 S.W.3d 848 (Mo. App. E.D. 2024) (vacating order denying arbitration)
SEVENTH CIRCUIT AFFIRMS DISMISSAL FOR FAILURE TO COMPLY WITH APPELLATE PROCEDURE: Plummer v. Adesanya, No. 23-2142, 2024 WL 5003588 (7th Cir. Jul. 2, 2024) (appeal dismissed for failure to comply with Rule 4(a) of the Federal Rules of Appellate Procedure)
FRIVOLOUS APPEAL DISMISSED: Diaz v. Blanchard, No. 23-1492, 2024 WL 1342569 (7th Cir. Mar. 29, 2024) (appeal dismissed as frivolous under Rule 34(a)(2)(A) of the Federal Rules of Appellate Procedure)
MISSOURI COURT OF APPEALS COMPELS ARBITRATION: Standifer v. Suntrup Hyundai, Inc., 695 S.W.3d 302 (Mo. App. E.D. 2024) (vacating order denying arbitration)
SUMMARY JUDGMENT AFFIRMED IN SECTION 1983 CASE: Doyle v. Ritz, No. 23-1351, 2023 WL 7272359 (7th Cir. Nov. 3, 2023) (summary judgment upheld in deliberate indifference claim against medical provider)
STEALTH SPERM CASE RESULTS IN SUMMARY JUDGMENT AND AFFIRMANCE: C.H. v. Infertility Ctr. of Saint Louis, 681 S.W.3d 579 (Mo. App. E.D. 2023) (affirming summary judgment finding husband’s unawareness of his sperm motility test result did not cause alleged damages stemming from unawareness that genetic material did not belong to him)
SUMMARY JUDGMENT IN SECTION 1983 CASE AFFIRMED: Selvie v. Siddiqui, No. 22-2970, 2023 WL 4948000 (7th Cir. Aug. 3, 2023) (summary judgment upheld in deliberate indifference claim against medical provider concerning bunion surgery and ganglion cyst)
“FRIGHT FEST” SCARE AT AMUSEMENT PARK AFFIRMED AS VOLUNTARY RISK): Munoz v. Six Flags St. Louis, LLC, 670 S.W.3d 239 (Mo. App. E.D. 2023) (summary judgment upheld when guest knowingly and voluntarily accepted risk of employee’s scare at amusement park, because park owed no duty to prevent fright at Fright Fest)
WRIT PROCEEDING IN SUPREME COURT FORCES PLAINTIFF’S DISCLOSURE OF SETTLEMENT DOCUMENTS: Hill v. Wallach, 661 S.W.3d 786 (Mo. banc 2023) (settlement documents held discoverable because patient waived work product protection by disclosing them to adversary)
REJECTION OF PREMISES CLAIM AGAINST CONCERT VENUE UPHELD: M.B. v. Live Nation Worldwide, Inc., No. ED110291 (Mo. App. E.D. Aug. 9, 2022) (summary judgment upheld in premises liability case finding defendant had no duty to plaintiff)
JUDICIAL IMMUNITY UPHELD AS BASIS FOR DISMISSAL: Coleman v. Schroeder, 2022 IL App (5th) 210043 (dismissal upheld based on judicial immunity)
EIGHTH CIRCUIT UPHOLDS REJECTION OF EMPLOYMENT CLAIM: Mahler v. Schreiter Ready-Mix & Materials, Inc., 2022 U.S. App. LEXIS 18937 (8th Cir. Jul. 11, 2022) (summary judgment upheld in employment case finding plaintiff failed to exhaust administrative remedies)
UNAVAILABILITY OF ARBITRATION CONFIRMED IN CONTRACT ACTION: Wind v. McClure, 643 S.W.3d 691 (Mo. App. E.D. 2022) (denial of motion to compel arbitration upheld in breach of contract case)
DEFENSE VERDICT UPHELD IN MEDICAL MALPRACTICE CASE: Dalbey v. Heartland Reg’l Med. Ctr., 621 S.W.3d 36 (Mo. App. W.D. 2021) (defense verdict upheld in medical negligence case)
SEVENTH CIRCUIT UPHOLDS REJECTION OF EIGHTH AMENDMENT CLAIM: Stull v. Siddiqui, 858 F. App’x 925 (7th Cir. 2021) (summary judgment upheld in deliberate indifference claim against medical provider for purportedly mismanaging diabetes treatment)
AMICUS BRIEF SUPPORTS SUPREME COURT’S APPROVAL OF DAMAGE CAPS: Velazquez v. Univ. Physician Assocs., 625 S.W.3d 445 (Mo. banc 2021) (after filing amicus brief, damages cap upheld)
SEVENTH CIRCUIT UPHOLDS REJECTION OF CLAIM FOR ALLEGED DELAY IN SURGERY: Howell v. Wexford Health Sources, Inc., 987 F.3d 647 (7th Cir. 2021) (judgment as a matter of law upheld in favor of medical facility in deliberate indifference claim alleging delay in knee surgery)
PROBATE COURT’S RULING ON TRUST UPHELD: U.S. Bank v. Molk, 618 S.W.3d 652 (Mo. App. E.D. 2021) (summary judgment upheld regarding conversion of trust to unitrust)
SEVENTH CIRCUIT UPHOLDS REJECTION OF CLAIM AGAINST MEDICAL PROVIDER: Bilik v. Shearing, 860 F. App’x 435 (7th Cir. 2021) (summary judgment upheld in claim brought against medical provider for purportedly mismanaging pain treatment)
EIGHTH CIRCUIT UPHOLDS REJECTION OF PRODUCT LIABILITY CLAIM: Smith v. Toyota Motor Corp., 964 F.3d 725 (8th Cir. 2020) (summary judgment upheld in product liability case involving sport utility vehicle)
BREACH OF CONTRACT VICTORY UPHELD: Lehman v. Automotive Invs., LLC, 608 S.W.3d 733 (Mo. App. E.D. 2020) (judgment upheld in breach of contract action, and attorneys’ fees awarded on appeal)
SEVENTH CIRCUIT UPHOLDS REJECTION OF DELIBERATE INDIFFERENCE CLAIM: Hildreth v. Butler, 960 F.3d 420 (7th Cir. 2020), reh’g denied en banc, 971 F.3d 645 (7th Cir. 2020), cert. denied, 141 S. Ct. 1527 (2021) (summary judgment upheld in deliberate indifference claim against medical provider for purported medication delays)
PENALTY AGAINST COUNTY GOVERNMENT REVERSED: Peery v. Madison Cnty. State’s Attorney’s Off., 2020 IL App (5th) 190016 (civil penalty against county government reversed regarding Freedom of Information Act (FOIA) request)
CHALLENGE TO JURY INSTRUCTION REJECTED AND DEFENSE VERDICT UPHELD IN WRONGFUL DEATH CASE: Hosfeld v. Voight, 604 S.W.3d 359 (Mo. App. S.D. 2020) (defense verdict upheld after plaintiff argued jury question was ambiguous and should have resulted in mistrial)
REJECTION OF CLAIM AGAINST HOMEOWNERS ASSOCIATION UPHELD: Behrick v. Konert Farms Homeowners’ Ass’n, 601 S.W.3d 567 (Mo. App. E.D. 2020) (summary judgment upheld because homeowners association had no obligation to maintain rock wall in plaintiff’s yard)
DISMISSAL OF WRONGFUL DEATH CLAIM UPHELD: Scales v. Whitaker, 615 S.W.3d 425 (Mo. App. E.D. 2020) (dismissal upheld for failure to state a claim in wrongful death case)
SUPREME COURT COMPELS ARBITRATION: Ingram v. Brook Chateau, 586 S.W.3d 772 (Mo. banc 2019) (order denying motion to compel arbitration reversed in negligence claim involving durable power of attorney)
UNAVAILABILITY OF WRIT OF MANDAMUS AGAINST COUNTY OFFICIAL CONFIRMED: State ex rel. Allen v. Parks, 575 S.W.3d 727 (Mo. App. E.D. 2019) (dismissal upheld in case involving petition for writ of mandamus)
DISMISSAL OF MEDICAL MALPRACTICE CLAIM AS TIME-BARRED UPHELD: Ferrill v. Yeung, 577 S.W.3d 818 (Mo. App. E.D. 2019) (dismissal of claims as time-barred upheld because claims were not filed within statute of limitations, and savings clause did not apply after second dismissal)
FRAUD CLAIM TRANSFERRED OUT OF STATE: Elliott v. Manhattan Cryobank, Inc., 2019 WL 1318565 (E.D. Mo. Mar. 22, 2019) (motion to transfer venue granted in fraud claim involving forum selection clause)
NURSING HOME’S ENTITLEMENT TO ARBITRATION RECOGNIZED: Ramirez-Leon v. GGNSC, LLC, 553 S.W.3d 318 (Mo. App. W.D. 2018) (reversal and remand ordering circuit court to enter order compelling arbitration)
AMICUS BRIEF SUPPORTS SUPREME COURT’S APPROVAL OF REQUIRING MEDICAL AFFIDAVIT OF MERIT: Hink v. Helfrich, 545 S.W.3d 335 (Mo. banc 2018) (dismissal upheld in medical malpractice case against surgeon involving affidavit of merit)
REJECTION OF CLAIM UNDER MISSOURI MERCHANDISING PRACTICES ACT UPHELD: Topchian v. JPMorgan Chase Bank, N.A., 539 S.W.3d 879 (Mo. App. W.D. 2017) (judgment as a matter of law upheld based on res judicata)
RETURN OF MACK THE DOG TO RIGHTFUL OWNER UPHELD: Patterson v. Rough Road Rescue, Inc., 529 S.W.3d 887 (Mo. App. E.D. 2017) (judgment upheld returning Mack the Dog to owner who adopted him)