Tom is a trusted client advisor who provides experienced litigation guidance that is consistent with the overall business goals and philosophy of his client. He also is a litigation team leader for multiple clients, managing numerous lawyers and support staff on highly complex cases, ensuring consistency in case strategy and making the best use of resources on each team to obtain the most favorable results for his clients.
Tom has worked on a variety of both routine and complicated real estate, development and construction matters throughout his career. Two of many examples include:
• A 12-week arbitration and related trials on behalf of Clayco Construction and more than a dozen subcontractors in a dispute relating to construction of The Plaza in Clayton.
•Defending Koman Realty in related disputes with Weingarten Realty simultaneously in Missouri state court, Texas state court, Texas federal court and arbitration.
In addition, Tom handles all phases of business and complex commercial litigation. Having represented clients in a range of industries, he has experience in these areas: antitrust, healthcare, securities, agricultural lending, construction and redevelopment, commercial, energy, e-discovery, the Employee Retirement Income Security Act (ERISA), employee benefits, insurance and intellectual property litigation. For the past 10 years, a significant portion of his practice has involved class action defense.
A first-chair trial lawyer, Tom has extensive experience in state and federal courts and in arbitration and administrative proceedings throughout the United States. He is experienced in international discovery procedures after conducting discovery in the United Kingdom, Belgium, Germany, The Netherlands, Canada and Puerto Rico. Tom has been retained on multiple occasions to conduct highly sensitive investigations for clients.
Tom served 10 years on the firm's Executive Committee and currently serves on the firm's Diversity Council.
Awards and Recognitions
Martindale-Hubbell AV Preeminent
•After lengthy hearing, obtained preliminary injunction order against a Big Four Accounting Firm to prevent disclosure and dissemination of clients' confidential information, including trade secrets, obtained during scope of an engagement. Express Scripts, Inc., et al. v. Ernst & Young LLP, et al., Case No. 13SL-CC00537 in the Circuit Court of St. Louis County, Missouri (December 2013)
•Obtained order granting motion to dismiss and for summary judgment in favor of local transportation development district and against certain residents and property owners seeking to block development of a trolley line serving University City and St. Louis, Missouri. Glickert, et al. v. The Loop Trolley Transportation Development District et al., Case No. 4:13cv 2170 in the United States District court for the Eastern District of Missouri (April 2014)
•After trial, obtained order of declaratory judgment and injunctive relief to developer of 58 acre tract St. Louis County, Missouri, finding that developer's site development plan was consistent with indenture requirements and prohibiting alleged indenture trustees from interfering with the development. Gazzoli, et al. v. Catholic Cemeteries of the Archdiocese of St. Louis, JHB Properties, Inc. and Arbors at Kehrs Mill, LLC, Case No. 13SL-CC04141 in the Circuit Court of St. Louis County, Missouri (June 2014)
•Secured dismissal in federal district court of a class-action lawsuit against AgriBank, the largest of five banks within the National Farm Credit System, in a lawsuit brought by Arkansas land owners to quiet title on mineral rights retained by AgriBank. The U.S. Court of Appeals, Eighth Circuit, affirmed the judgment, upholding AgriBank's right to retain mineral rights on acquired properties sold to private purchasers throughout the central United States.
•Obtained order denying class certification and granting client defendant summary judgment on key ERISA claims. In re Express Scripts Inc. PBM Litigation, 2008 WL 2952787 (E.D. Mo. July 30, 2008)
•Obtained an order granting client defendant summary judgment in case seeking class certification purporting to represent more than 50,000 pharmacies. Pearson's Pharmacy, et al. v. Express Scripts, 2009 WL 3623395 (M.D. Ala. Oct. 29, 2009), affirmed 2010 WL 1841877 (11th Cir. May 10, 2010)
•Obtained an order dismissing putative class action on behalf of thousands of independent California pharmacies; upheld on appeal. Bradley v. First Health Services Corp., No. B185672, 2007 Cal. App. LEXIS 1625 (Cal. Ct. App. Feb. 28, 2007), review denied 2007 Cal. LEXIS 6365 (Cal. May 14, 2008)
•Obtained an order denying class certification and granting client defendant summary judgment. Inola Drug v. Express Scripts Inc., 2009 WL 801838 (N.D. Okla. March 25, 2009), appeal dismissed 2010 WL 3033628 (10th Cir. Aug. 4, 2010)
•Defeated multiple individual actions in state courts and before administrative agencies under the any willing provider laws of various states.
•Favorably resolved arbitrations of complex disputes arising from risk contracts between managed-care clients and two integrated hospital networks.
•Favorably resolved a multimillion-dollar claim of breach of license, trademark and patent brought by an international agricultural company against a client that develops, manufactures and distributes genetically modified agricultural products.
•Represented an extended warranty administrator and actuarial/consulting firm in disputes with the program insurers, reinsurers and marketers in multiple state and federal courts and before state departments of insurance on extended warranty programs involving computers, appliances, motorcycles and automobiles.
•Won a jury award against an international reinsurer relating to reinsurance of vehicle extended warranty contracts.
•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.
In The News
12.13.13 Husch Blackwell Wins Significant Victory for Express Scripts in Trade Secret Lawsuit
Healthcare, Life Sciences & Pharmaceuticals
12.24.09 St. Louis Business Journal: Judge Dismisses Express Scripts Suit