Skip to Main Content
Capabilities / Litigation & Alternative Dispute Resolution

Litigation & Alternative Dispute Resolution

Backing clients every step
of the way.

Husch Blackwell is committed to resolving disputes for clients as efficiently and cost-effectively as possible. Whether litigation arises over a routine business deal or under extraordinary circumstances, we strive to obtain resolutions that keep clients moving forward with minimal disruption. 
    
Our 300-plus trial and appellate attorneys are known for skillfully exploring creative options to achieve favorable results inside and outside the courtroom. Alternative dispute resolution is a particular strength, but when trial is the best or only option, our attorneys are fierce advocates. We also embrace innovative technologies such as machine learning and customized client litigation portals that increase efficiency, reduce legal spend and result in superior outcomes. 

Case Study
CoxHealth

CoxHealth prevailed in a defamation lawsuit brought against the hospital system and an executive.

Case Study
Commonwealth of the Northern Mariana Islands

Husch Blackwell put together a coalition to help clarify CERCLA in an influential U.S. Supreme Court amicus brief.

Case Study
Farmobile LLC

Farmobile secured a complete defense victory in enterprise-threatening trade secret litigation.

Case Study
Express Scripts, Inc.

ESI prevailed against antitrust allegations, and then turned its counterclaims into a $20 million judgment.

Case Study
Conagra Brands

Our team clarified important points of law regarding CBAs in this class action suit. 

Case Study
CityDeck Landing LLC

Our team filed a rare petition for a supervisory writ with the Wisconsin Supreme Court—and won the case.

Representative Experience

  • Secured complete and final dismissal on the merits of a putative class action for Compana Pet Brands (Manna Pro Products LLC), a leading animal care and nutrition company, in connection with its Nutri-Vet Hip & Joint supplements (glucosamine/chondroitin) for dogs concerning claims of false or misleading labels and deceptive advertising practices. Perry v. Manna Pro Products, LLC, E.D.Mo., Case No. 4:22-cv-00127-AGF.
  • 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.
  • 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.
  • 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.
  • Represented franchisor of children’s hair salons in nonjury trial against franchisee that closed store with more than three years remaining in the franchise agreement. Obtained judgment for unpaid royalties and advertising fees, plus attorneys’ fees.
  • Represented franchisor of tanning salons in several lawsuits against franchisees’ claims of breach of contract, fraud and misrepresentation. Obtained judgment for franchisor on all claims, as well as on its counterclaims against franchisees, awarding ownership of franchisees’ stores and attorneys’ fees.
  • Represented temporary labor franchisor against franchisee that breached franchise agreement by operating a separate business placing temporary computer consultants with clients. Obtained jury verdict for all unpaid royalties, plus attorneys’ fees.
  • Obtained summary judgment for franchisor against claim that franchisor misappropriated money from the national advertising fund and received excessive supplier rebates on franchisees’ purchases.
  • Obtained dismissal of franchisee’s lawsuit against franchisor of home cleaning service in lawsuit alleging fraud and misrepresentation in sale of franchise.
  • Successfully prosecuted a more than $20 million U.S. Tax Court case, with a finding for taxpayer on proper method of depreciating natural gas gathering assets.
  • Represented gas gathering companies in qui tam multidistrict litigation proceeding alleging fraudulent underpayment of royalties to U.S. government on gas produced from federal leases. Clients ultimately were dismissed without any payment to relator or to government.
  • Represented a PBM in a dispute with a client regarding the alleged wrongful processing and payment of certain compound prescription drugs in federal court in Maryland. After negotiating an agreement to limit discovery, and prior to filing dispositive motions, the parties reached a favorable settlement.
  • Represented a home security company in a product liability case involving a fire in a Washington, D.C. condominium. The claims alleged that the fire started as a result of an alarm and the security system panel.
  • Represented an industrial gas distributor in a suit alleging that a welder work box exploded as the result of a faulty valve on a gas tank.
  • Represents one of the largest non-profit multistate senior care communities and successfully argued that it is a religious organization exempt from the Missouri Human Rights Act. Thus, any lawsuit that would be brought against the organization based on discrimination would have to be pursued under federal law in federal court, which is extremely beneficial because of Missouri state courts’ reputation as plaintiff-friendly.
  • Represented client in lawsuit alleging violations of Fair Labor Standards Act (as well as the Colorado Wage Act and Colorado Minimum Wage Order Number 31) for unpaid overtime wages, penalties and fees.
  • Represented technical professional services firm in bid protest challenging the Federal Aviation Administration’s award of a $1.7 billion ten-year IDIQ services contract known as the national Airspace System Integration Support Contract (NISC IV). At the conclusion, the FAA announced that it would be taking voluntary corrective action to address the issues in the protest, re-evaluating proposals, and making a new award decision.
  • In partnership with Institute for Justice, successfully represented Nebraska-based baker who filed suit when their home-based business was imperiled by certain permitting and inspection requirements implemented by the City of Lincoln, contrary to state law. Crafted a litigation strategy that ultimately led to a state trial court denying the City’s motion to dismiss the suit on the merits, and Lincoln’s City Council voted unanimously to bring its regulations in line with state law, thus handing the client a complete victory.
  • Secured victory for TruPharma, LLC in federal court litigation brought by a competitor alleging false advertising and unjust enrichment, among other counts, in connection with the manufacture and sale of a medical cream. Complaint dismissed with prejudice and affirmed on appeal.
  • Successfully prosecuted claims of breach of contract, tortious interference, and trade secret misappropriation for supply chain management company after defendants implemented a multi-year conspiracy to solicit employees and misappropriate trade secrets.
  • Represented university in a novel employment discrimination matter pending before the Wisconsin Equal Rights Division. Following intensive discovery and a multi-day evidentiary hearing, the Husch Blackwell team prevailed with a full dismissal for the client.
  • Represented Native American tribal council in a series of claims and cases and developed a novel argument regarding tribal sovereign immunity.
  • Successfully represented national association of surgical nurses with 42,000 members in antitrust litigation under Sections 1 and 2 of the Sherman Act and obtained dismissal of both claims.
  • Represented healthcare provider in defending against a GAO bid protest challenging the Federal Bureau of Prisons’ award of a contract to the client for substance use and mental health treatment services.
  • Represented design-builder in a GAO bid protest regarding the award of an $800 million multiple award contract for the Department of the Army’s Total Engineering and Integration Services IV Program.
  • Assisted client in preparing a Contract Disputes Act claim involving the Defense Logistics Agency (DLA)’s alleged improper cancellation of an incentive agreement. The claim settled during alternative dispute resolution with DLA agreeing to reimburse client for lost profits.
  • Represented chemicals company after it was statutorily debarred by the Environmental Protection Agency’s Suspension and Debarment Official (SDO). The SDO terminated the debarment without any administrative agreement.
  • Prevailed for pharmacy benefit manager in massive multi-district litigation, obtaining both a dismissal with prejudice and an important decision defending the use of mail-order pharmacies to deliver medications.
  • Represented a water technology provider in a case where a construction rental company failed to pay its bill. The construction rental company went on the offensive attempting to bring down the amount it owed, but the Husch Blackwell team removed the case to federal court, where it was dismissed.
  • Represented commercial landlord in $2.9 million state court lawsuit for breach of contract and breach of guaranty claims against a spinal surgeon who vacated space, defaulted on the lease prior to its completion and then filed Chapter 7 bankruptcy a few days prior to the start of the trial.
  • Represented infusion care provider and specialty pharmacy in dispute with insurance company over wrongful denial and underpayment of insurance claims.
  • Successfully brought a “bet the company” case by the sole U.S. producer against dumped imports of strontium chromate from Austria and France. This resulted in high additional duties against producers in both countries and enabled the client to stabilize its production and sales.
  • Successfully represented manufacturing company in a two-count tort action concerning injuries suffered by a truck driver who alleged significant injury from a fall while on the client’s property.
  • Secured a victory for cloud-based IT service provider in its federal lawsuit against a municipal body when a district judge granted a motion for summary judgment in a dispute over permits for cell tower construction.
  • Represented bank client in a lawsuit against an entity and personal guarantors for breach of contract and breach of their personal guaranty agreements.
  • Represented equipment leasing client in lawsuits against its former customers and the customers’ personal guarantors for breaches of contract and the personal guaranty agreements.
  • Successfully obtained a defense award for a physician practice in arbitration by defending the client against the practice’s former employees alleging fraud, breach of contract, and other partnership claims.
  • Routinely represent clients in payor-provider disputes involving payment disputes over health insurance claims, breach of contract, violations of the Texas Insurance Code, and the Texas Prompt Payment Act.  
  • Represented a franchisor client in a contractual/tort lawsuit against a franchisee for contract and tort claims.
  • Secured victory in federal district court on behalf of a transgender female inmate in Wisconsin, protecting her constitutional right to necessary medical care while incarcerated.
  • Secured judgment of noninfringement on behalf of a generic pharmaceutical manufacturer in Delaware District Court. The ruling was not appealed.
  • Defended insurance company in multiple class actions across the country alleging coverage for business interruption losses allegedly arising from the COVID-19 pandemic.
  • Represented NEIE Medical Waste Services in successful pre-award and post-award GAO protests of solicitations issued and awards made by the Veterans Administration with respect to regulated medical waste pick up, removal and transportation contracts for various VA healthcare facilities throughout the U.S.
  • Secured two victories for loan servicing company before the Wisconsin Court of Appeals in two appeals in foreclosure actions contested by borrowers in the trial court and on appeal, obtaining affirmance of judgments awarding foreclosure and rejected the borrowers’ counterclaims and defenses.
  • Secured a victory on appeal on behalf of a lender affirming a dismissal of a consumer’s claims on summary judgment in a case challenging the lender’s repossession and service of the required notices prior to repossession and appealing an award of sanctions in favor of our client against the opposing lawyer for pursuing a frivolous claim.
  • Represented physician-owned hospitalist practice in a suit for breach of contract, tortious interference with existing contracts, and conspiracy to tortiously interfere with existing contracts.
  • Secured a victory before the Missouri Supreme Court in closely watched litigation over the implementation of Amendment 2, a 2020 ballot initiative that Missourians passed and that would expand Medicaid coverage in the state.
  • Secured a federal appeals court victory for Missouri state representative when the U.S. Court of Appeals for the Eighth Circuit reversed a lower court’s decision that the representative violated the plaintiff’s rights by blocking him and others from her Twitter account in a closely watched First Amendment case.
  • Represented client Farmobile as a competitor alleged misappropriation of trade secrets and various other state and federal claims. A summary judgment was entered in client’s favor on all counts. Later, the 8th Circuit Court of Appeals ruled for our client, affirming on all counts.
  • Earned a high-profile victory for wireless medical device company before the Patent Trial and Appeal Board (PTAB), knocking out all disputed patent claims (175 in total) across eight related IPR petitions. The Board also reversed its previous stance on several patentability issues at stake in the IPRs, instead finding in the Final Written Decisions that the full record supported the client’s arguments.
  • Successfully defended energy company in a workplace discrimination lawsuit filed by a former employee who claimed age discrimination, gender discrimination, associational race discrimination and retaliation.
  • Led the defense of a class and collective action where plaintiffs claimed unpaid overtime with alleged damages in the seven figures.
  • Defended bank in a trademark dispute in the United States District Court of Colorado and sought naming rights in front of the Colorado Banking Board. Handled a preliminary injunction hearing and several hearings in front of the Colorado Banking Board. Resulted in a negotiated resolution. 
  • Secured a victory in expedited proceedings before a St. Louis County judge on behalf of three St. Louis County Council members sued by the St. Louis County Counselor in a dispute over leadership of the County Council for the 2021 calendar year.
  • Represented home builder through four-year lawsuit against municipality to secure approval of plans for development of residential subdivision. Obtained a $75,000 sanctions award against the opposing counsel based upon that counsel’s bad faith conduct during the proceedings, which award was affirmed on appeal.
  • Obtained reversal of a circuit court judgment ordering commercial tenant to vacate premises; appellate court held that tenant did not breach multimillion lease and that landlord had no right to seek possession.
  • Represented Suddenlink in a collective action filed by a group of call center employees who alleged they were not paid for periods of time spent prior to clocking in (booting up computers and other work activities).
  • Represented manufacturer of industrial refrigeration compressor which exploded at food processing facility. Took over the Ohio state court case during expert discovery. After disclosing new metallurgical and refrigeration system experts, deposing plaintiffs’ experts and defending new defense experts’ depositions, our client won summary judgment on all counts.
  • Secured two settlements worth nearly $150 million on behalf of our client, a state insurance commissioner, in his capacity as the liquidator of an insolvent insurer.
  • Represented former directors and officers in claims against them for negligence and breach of fiduciary duty, securing an early and advantageous settlement to avoid personal exposure.
White Papers | January 04, 2023
Legal Insights for Manufacturing: Outlook for 2023

What manufacturers can expect in the new year.

Blog | December 06, 2022
Attorney Fees and Associations
Blog | November 08, 2022
Chickens and Covenants
Blog | June 17, 2020
Pitfalls of Remote Depositions
Media Mentions | January 09, 2023
AzBusiness: Top 100 Lawyers in Arizona for 2023
Media Mentions | September 27, 2022
Using Technology to Fight the Litigation Talent War
Media Mentions | September 13, 2022
BizTimes: Rising Stars in Law: Catarina Colón
Media Mentions | September 13, 2022
BizTimes: Rising Stars in Law: Emily Stedman
Media Mentions | September 13, 2022
BizTimes: Rising Stars in Law: Margaret Heitkamp
News Releases | July 27, 2022
Smitha Chintamaneni Joins Husch Blackwell's Milwaukee Office

Husch Blackwell is pleased to announce that Smitha Chintamaneni has joined the firm’s Financial Services & Capital Markets industry group as a partner in the firm’s Milwaukee office.

News Releases | June 03, 2022
Husch Blackwell Secures Pair of Decisions Affirming Dismissal of COVID-19 Coverage Claims in the Seventh Circuit

The Seventh Circuit affirmed two district court rulings granting motions to dismiss COVID-19 business-interruption coverage claims.

News Releases | May 02, 2022
Former Univ. of Missouri System General Counsel Joins Husch Blackwell

Husch Blackwell is pleased to announce that Steve Owens has joined the firm’s Kansas City office as senior counsel in its Higher Education practice group after serving as the general counsel of the University of Missouri System for the past 14 years.

News Releases | April 27, 2022
Husch Blackwell Prevails in Discrimination Lawsuit for CoxHealth

Husch Blackwell earned a victory in Missouri state court for CoxHealth, the Springfield-based healthcare system, in connection with race, national origin, workers’ compensation and disability discrimination claims, as well as claims of retaliation.

News Releases | April 21, 2022
Husch Blackwell Earns Appellate Victory in Wisconsin Land Use Case

Husch Blackwell prevailed for a plaintiff landowner in the Wisconsin Court of Appeals against the City of Brookfield in a closely-watched land use case.

News Releases | March 28, 2022
Husch Blackwell Welcomes Emily Constantine to Its Government Contracts Practice Group

Husch Blackwell is pleased to announce that Emily Constantine has joined the firm as a senior counsel in its Government Contracts group

News Releases | January 27, 2022
Husch Blackwell Litigators Shortlisted in Three States for 2022 Benchmark Litigation US Awards

Husch Blackwell was shortlisted for 2022 Law Firm of Year by Benchmark Litigation in Missouri, Nebraska and Wisconsin.

Media Mentions | January 23, 2022
BizTimes: Notable Women in Law: Ann Maher
Media Mentions | January 23, 2022
BizTimes: Notable Women in Law: Lisa Lawless
News Releases | December 06, 2021
Husch Blackwell Elects 36 to 2022 Partnership Class
Media Mentions | September 02, 2021
Law360: Real Estate Lawyers on the Move (log-in required)
Media Mentions | August 02, 2021
Austin Monthly: Austin's Top Attorneys 2021
Media Mentions | June 11, 2021
Reuters: Week Ahead in Insurance: June 14, 2021
Media Mentions | May 28, 2021
The Regulatory Review: Week in Review
Media Mentions | April 26, 2021
C-SPAN: Guam v. United States Oral Argument
News Releases | April 01, 2021
Husch Blackwell Expands California Footprint
Media Mentions | January 29, 2021
Hamilton County Herald: Husch Blackwell welcomes four
News Releases | August 19, 2020
Husch Blackwell Scores Eighth Circuit Win for Farmobile in Trade Secret Dispute

The earlier court ruling granted summary judgment to Farmobile.

Media Mentions | July 02, 2020
Business Insurance: Up Close - Jason R. Fathallah
News Releases | May 28, 2020
Husch Blackwell Named CLOC's Inaugural Legal Innovation in Operations Project Award Winner

Husch Blackwell is believed to be the only law firm to date to be recognized by both the CLOC LIO Project and ACC Value Champion award series for its ability to implement legal solutions that cut spending, improve predictability and achieve better outcomes.

News Releases | May 27, 2020
Jason Fathallah Joins Husch Blackwell's Litigation, Insurance Groups

Fathallah is a first-chair trial lawyer with a national practice; he has also litigated some of the most significant insurance coverage and business disputes in recent Wisconsin state history.

News Releases | March 31, 2020
Missouri Lawyers Weekly Chooses Two Husch Blackwell Litigators for 2020 Women's Justice Awards

Jones and Robinson are members of the firm’s Real Estate, Development & Construction industry group and Construction Litigation practice team.

The team’s expertise in the substantive legal issues, combined with the investment they made to develop a deep knowledge of our business, has made them a uniquely effective litigation partner.

Carey Bartell, Vice President, Chief Counsel – Legal & Government Affairs, Conagra Brands Inc.