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Overview

Carol has vigorously defended corporate clients for many years in complex litigation, including commercial class actions and mass action toxic tort cases nationwide.

Her litigation venues for such cases include Hawaii, California, New Jersey and Pensacola, Florida – in addition, of course, to Madison County, Illinois, and St. Louis, Missouri. No matter the type of case, Carol is driven by the opportunity to advocate for clients to secure desired outcomes.

Carol uses her pragmatic business sense to bring creative solutions to clients’ most challenging issues, working closely with in-house counsel and senior executives. Carol is motivated to obtain positive results and is adept at managing and understanding countless facts, including from legacy businesses, and to simplify those facts in advocacy briefing and oral arguments. Carol excels at understanding and implementing intricate nuances of the law, substantive and procedural, including removal strategies.


Industries

Services

Recognition

  • Order of the Coif, Washington University School of Law
  • Martindale Hubbell AV Preeminent

Education

  • J.D., Washington University School of Law
    • Order of the Coif
  • B.A., William Woods University
    • magna cum laude

Admissions

  • Missouri
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, Eastern District of Missouri
  • U.S. Court of Appeals, Eighth Circuit

Professional Associations and Memberships

  • Defense Research Institute
  • The Missouri Bar

Languages

  • Spanish, Conversant
Experience

Toxic Tort/Mass Action and Environmental Litigation

  • Represented corporate defendants in personal injury cases pending in St. Louis County and City claiming development of cancer because of alleged trace chemical exposure through food chain.
  • Counseled corporate defendants in multiple related cases (in excess of 1,000 personal injury claims made by past and present residents near an industrial area) in state court in St. Clair County, Illinois.
  • Defended clients in action involving more than 200 plaintiffs alleging property stigma damage because of alleged industrial pollution of Escambia Bay in Pensacola, Florida.
  • Represented corporate clients in several related cases successfully removed to U.S. District Court, Southern District of New York, seeking certification of property stigma damage and medical monitoring class and including more than 2,000 individual personal injury claims. All cases were ultimately dismissed without prejudice and not refiled.
  • Represented corporate defendants in certified class action lawsuit in Montana state court alleging nuisance caused by paint chips thrown into trout stream by Montana Fish Wildlife & Parks employees several decades after sale of paint ingredient to unknown users/manufacturers.
  • Defended corporate client in federal court in San Jose, California, in more than 250 related lawsuits, including several putative class actions, concerning alleged groundwater contamination arising from perchlorate use. Many of the lawsuits were initially filed in state court and removed, notwithstanding fraudulent joinder and fraudulent misjoinder of resident defendant issues. Several of the lawsuits sought certification of medical monitoring class and actual and punitive damages for alleged residential property devaluation. Class certification allegations were dismissed. Jury trial resulted in defense verdict on four bellwether cases. All of numerous remaining cases resolved favorably for client.
  • Represented corporate defendant in case removed from Madison County, Illinois, to U.S. District Court, Southern District of Illinois, alleging that plaintiff developed multiple sclerosis because of exposure to perchloroethylene dry-cleaning fluid. Court granted defense Daubert motions, concluding litigation.
  • Counseled 14 chemical company defendants in toxic tort death case originally filed in Madison County, Illinois. Removed case to federal court, obtained transfer to Central District of Illinois and secured dismissal of conspiracy count.
  • Represented corporate defendant in series of related cases in New York involving claims of approximately 200 individual plaintiffs against multiple defendant manufacturers of chemicals that allegedly caused birth defects in children and cancer in adults.
  • Defended corporate client in Louisiana, Texas, Mississippi, Ohio and other state courts in series of related cases seeking actual and punitive damages from all past and present members of industry trade group based on conspiracy allegations.
  • Represented corporate defendant in putative class action case in state court in Houston, Texas, seeking in excess of $225 million for diminution of property damage. Summary judgment obtained based on statute of limitations, and plaintiffs' appeal of favorable ruling dismissed. Substance at issue was low-level radioactive phosphogypsum.
  • Successfully defended corporate defendant in putative class actions alleging personal injury and property damage due to exposure to polychlorinated biphenyls (PCBs). Court denied class certification. Summary judgment/favorable settlements obtained based on statute of limitations against 15 individual plaintiffs who later filed "copycat" lawsuit in same court on a non-class basis.
  • Defended Delaware corporation in nonremovable complex action brought by another Delaware corporation in state court seeking multi-millions of dollars for environmental cleanup costs. Case settled favorably for client prior to jury trial.
  • Defended corporate client in complex toxic tort brain cancer death case involving numerous fact and expert witnesses. Jury verdict for defendant was affirmed on appeal. After this defeat, plaintiffs' counsel obtained leave to withdraw from hundreds of related personal injury and death claims pending in St. Louis, resulting in dismissals for failure to prosecute.
  • Represented corporate defendant in complex, multiple-plaintiff toxic tort case involving numerous expert witnesses in Circuit Court for City of St. Louis. The case settled just prior to closing arguments.

Commercial and Insurance Law Litigation

  • Defended property and casualty insurance companies in putative class action lawsuits pending nationwide alleging improper insurance/business practices, including alleged antitrust violations; alleged consumer fraud in relation to personal markets policies; alleged issues with workers' compensation insurance premium charges; alleged "silent PPO" medical bill reductions; and alleged failure to pay interest on premium finance contracts.
  • Defended putative statewide class action in U.S. District Court, Western District of Missouri, alleging insurance "redlining" against multiple homeowners' insurers in Missouri. Class certification was denied and actions of named plaintiffs dismissed without prejudice. U.S. Court of Appeals, Eighth Circuit, affirmed on appeal, and U.S. Supreme Court denied certiorari.
  • Prosecuted claims for millions of dollars in past due insurance premiums under retrospectively rated workers' compensation policies, defended related "bad faith" claims or counterclaims brought by insured parties, and defended other insurance bad faith claims.
  • Represented companies before state regulatory authorities and in private party litigation in U.S. District Court, Eastern and Western Districts of Missouri, in matters involving allegedly improper denials of health insurance benefits.
  • Prosecuted claims by insurance company against former independent agent accused of defrauding policyholders and defended related claims by policyholders against insurance company.
Outside the Office

Carol enjoys exploring exotic places and experiencing different cultures and languages.  

She and her husband have traveled from Bangkok to Bali, including on the Eastern & Oriental Express; to Cuba on a People to People trip; to Egypt; and to Tanzania for a safari travel/study program.

Carol likes to read anything that is well written. Although her tastes are not genre-based, she tends to prefer fiction. Some of her favorites are novels featuring strong female protagonists, such as Ann Patchett’s Bel Canto, Barbara Kingsolver’s Poisonwood Bible, William Boyd’s Brazzaville Beach and Arturo Pérez-Reverte’s The Queen of the South. For nonfiction, she likes Douglas Preston’s The Lost City of the Monkey God.

Carol wishes she spoke more languages, but realistically hopes to become more fluent in Spanish.