Mohsen Pasha

Appellate Litigation

• Orally argued, briefed, and won reversal in Missouri Court of Appeals, Western District in a contractual interpretation dispute between client (a large hospital system) and a health plan regarding whether client was a network provider under plan. Court agreed with client's interpretation, allowing client to proceed in trial court to seek over $1.05 million in damages.
• Orally argued, briefed, and won appeal in Illinois Second District Appellate Court regarding scope of "exclusive remedy provision" in Illinois workers' compensation statute.
• Briefed and won application for transfer to the Supreme Court of Missouri in a case involving a venireperson for-cause challenge. Argued that court of appeals' decision made it significantly more difficult to rehabilitate a venireperson, in contravention of standard of review and statute governing for-cause challenge. Briefed and won transferred appeal.
• Briefed and orally argued appeal in Illinois Fifth District Appellate Court, obtaining partial reversal on evidentiary issues—despite prior counsel not presenting any evidence at trial—in a sibling dispute over the guardianship of their mother's person and $750,000 estate. Argument focused on how trial court's decision was not supported by the evidence.
• Briefed and won appeal in Missouri Court of Appeals, Eastern District, affirming trial court's decision to deny motion to compel arbitration. Presented an argument on appeal that was not presented at the trial court: the defendant did not meet its burden before the trial court to show that the Federal Arbitration Act applied, meaning the Missouri Uniform Arbitration Act applied. Then argued that the arbitration agreement did not meet the Missouri Uniform Arbitration Act's notice requirement, rendering the arbitration agreement unenforceable. The court of appeals agreed, invoking the general rule that a court can affirm on any basis in the record.
• Briefed appeal in U.S. Court of Appeals for the Eighth Circuit, seeking affirmance of a trial court's early entry of summary judgment in a class action brought under the Missouri Merchandising Practices Act regarding price listings on gas pumps. Argued that trial court did not err in granting summary judgment because no reasonable consumer would be deceived by client's pricing display because display used simple language that is easy for reasonable consumers to understand. After filing brief, appellant agreed to dismiss appeal without any payout from client.
• Briefed appeal in U.S. Court of Appeals for the Eighth Circuit, seeking affirmance of a trial court's grant of motion to dismiss on the grounds that client—a private entity that allegedly contracted with the state to provide services to probationers—was not a state actor subject to liability under 42 U.S.C. § 1983. Argument focused on how state did not delegate any constitutional duty or state function to client. After filing of brief, parties agreed to favorable, global settlement of this case and companion case.

Trial-Level Litigation

• Represented large public entity in a tortious interference lawsuit brought by client's former insurance brokerage firm alleging impropriety related to bid process used to select client's new broker. Deposed former brokerage firm's president and vice-president, along with third-parties. After briefing on motion for summary judgment, former brokerage firm dismissed lawsuit with prejudice and without any payment from client.
• Member of trial team representing natural gas company in a breach of lease dispute in Jackson County, Missouri circuit court. Obtained summary judgment two weeks before trial, which cut in half plaintiff's claimed damages. Limited jury verdict to $30,000, despite plaintiff requesting $1.3 million from jury. Briefed and orally argued motion for directed verdict, obtaining partial victory that removed two categories of damages. Briefed motion to strike one of plaintiff's expert witnesses based on that expert's opinion being largely parroted from unavailable witnesses; resulted in court limiting expert's testimony. Briefed motions in limine and assisted in witness preparation and other trial tasks.
• Member of trial team representing pharmacy benefits manager in pharmacy contractual termination dispute where pharmacy sought over $30 million in damages against client, and client sought $20 million on counterclaim. Less than a week before trial, obtained summary judgment on plaintiff's claim on various grounds that plaintiff failed to substantially comply with its contractual obligation. An hour before jury selection, parties entered into $20 million consent judgment on client's counterclaim. Prepared direct examination outline for damages expert witness, briefed motions in limine, and assisted in other trial preparation tasks.
• Represented private university in an injunction proceeding brought by a concerned citizen regarding university's decision to demolish a dangerous, but historic, structure on its property. After evidentiary hearing, dissolved temporary restraining order that citizen obtained without notice; court accepted argument that plaintiff lacked standing. Court applied same rationale to deny the plaintiff's request for a preliminary injunction, after a second evidentiary hearing. Following the denial of the preliminary injunction, citizen dismissed lawsuit.
• Briefed, orally argued, and won motions to dismiss in state and federal court in a complex, publicized case brought under 42 U.S.C. § 1983 against client, a private drug rehabilitation facility that allegedly contracted with the state to provide services for probationers. Plaintiff argued that client failed to report certain information to the decedent's probation officer, causing the decedent's death. The federal court dismissed case, accepting argument that the client did not act under color of state law within the meaning of § 1983. The state court dismissed case, agreeing that the plaintiff did not plead facts establishing that the client's alleged failure to report treatment information to the decedent's probation officer proximately caused death.
• Represented pharmacy benefits manager in pharmacy contractual termination dispute. Recognized early in case that named plaintiff did not have contract with client; instead, client had contract with named plaintiff's predecessor, which had violated contract by assigning it to named plaintiff in violation. Moved for summary judgment early in case based on that ground, which resulted in plaintiff voluntarily dismissing case with prejudice.
• Represented paint and coating company in a breach of warranty lawsuit brought by construction company that purchased client's products. Obtain early favorable settlement and represented client at mediation, focusing on arguments that plaintiff improperly used client's products and that the bulk of plaintiff's claimed damages would be barred by the statute of limitations.
• Appointed by U.S. District Court for Eastern District of Missouri to represent inmate against private prisoner contractors in a deliberate indifference lawsuit under 42 U.S.C. § 1983. Obtained favorable, pre-summary judgment settlement.