Litigation & Dispute Resolution

Our team delivers high-quality, effective litigation counsel that keeps your business objectives and bottom line front and center. Our attorneys combine a high level of trial experience with deep knowledge of the industries we serve.

UB Greensfelder’s litigators try cases coast to coast and for some of the nation’s largest companies as well as mid-size and smaller businesses. We are trial-tested and industry-focused, with relevant industry knowledge. Our geographic reach enables us to cost-effectively defend businesses across the country.

Who We Are

UB Greensfelder’s Litigation Group has a strong tradition of solving problems and delivering excellent results for a diverse group of clients. Our litigators have extensive experience handling matters in trial and appellate courts and before alternative dispute resolution forums nationwide.

Chambers USA and Best Law Firms® among others have recognized our trial lawyers. Several of our lawyers have been named “Lawyer of the Year” by Best Lawyers® and many are routinely recognized by Chambers USA, Super Lawyers, and The Best Lawyers in America®.

How We Help

We represent clients throughout the country in a wide range of litigation and dispute resolution matters, including:

• Antitrust and trade regulation
• Appellate cases
• Class actions
• Commercial law
• Communications and media
• Creditors’ rights and bankruptcy
• Employee benefits
• Employment
• Energy
• Franchise and distribution
• Government interaction and white collar
• Health care litigation
• Insurance coverage
• Intellectual property litigation
• Medical malpractice
• Product liability
• Real estate litigation
• Securities and financial services litigation
• Toxic torts
• Transportation and logistics
• Trusts and estates litigation

Why Clients Choose UB Greensfelder

Clients choose us because we are trial-tested, industry-focused, and cost-effective.

Trial-tested

Every year, our trial teams fan out nationwide. These cases run the gamut from product trials to motor fuel pricing trials; we have handled securities arbitrations across the country as well as franchise disputes medical malpractice trials, restrictive covenant cases, breach of contract class actions, and intellectual property disputes. Our attorneys are often selected to join with or replace other firms when litigation turns to trial.

"We receive great expertise and the ability to quickly understand complex legal issues. They're extremely responsive and excellent at client communication." (Chambers USA, 2023)

Industry-focused

Our litigators have deep industry knowledge to better defend our clients. Whether it is health care, energy, securities, franchise and distribution, medical malpractice, or a host of other industries, our litigators know that to defend a client's business practices, they must know the business.

Cost-effective

Our combination of trial experience and industry knowledge reduces or eliminates the learning curve, enabling us to zealously defend our clients with cost-effective results. By assigning cases to small, discrete teams who carry a case from start to finish, we ensure maximum value for our clients. Associates are deeply involved in cases, cultivating the skills that allow them to gain trial experience earlier than their peers at other firms. Supported by top-line technology, eDiscovery, and litigation support personnel, we focus on effectively addressing the client’s business and dispute resolution objectives.

Representative Matters

• Successfully represented a gaming company client in litigation regarding the unlicensed use of images used in online gaming, social gaming, and CD/DVD home computer channels. The case was the subject of a February 2019 jury trial that resulted in a $20.7 million judgment for the client involving infringement of copyrights for artwork and graphics for video reel casino slot machine games. As part of this judgment, the judge also awarded a $1.7 million statutory damages award under the Digital Millennium Copyright Act (DMCA), and a Permanent Injunction and Order of Destruction. GC2 Inc. v. International Game Technology PLC et al.
• Represented a national broker-dealer and obtained temporary restraining orders prohibiting former employees who, in total, managed assets over $500 million in assets from soliciting company clients and requiring the return of all misappropriated client information to their former employer. Edward Jones v. Matthew Peterson; Edward Jones v. James Sirek; Edward Jones v. Debra Feaser and Michael Eisenbraun.
• Obtained summary judgment in favor of a major energy company on claims by former franchisees for breach of contract, breach of the covenant of good faith and fair dealing, and fraud (seeking more than $2 million in damages), as well as on the client’s counterclaims for breach of contract, resulting in a judgment in the client’s favor for nearly $2 million, plus attorneys’ fees and costs. Power Quality & Electrical Systems, Inc., et al. v. BP West Coast Products LLC.
• Represented a major national provider and franchisor of vehicle transportation services in a dispute with its largest, multi-unit franchisee for trademark infringement and breach of multiple franchise agreements. Obtained a temporary restraining order prohibiting the franchisee from using our client’s trademarks improperly and then a two-year preliminary injunction upholding the restrictive covenants in the franchise agreements. Auto Driveaway Franchising Systems, LLC v. Corbett et al.
• Successfully defended a hospital from state law claims for a temporary restraining order, preliminary and permanent injunctive relief, and declaratory judgment brought by a staff physician who claimed his medical staff membership and clinical privileges were improperly terminated in violation of the hospital’s medical staff bylaws. The Circuit Court dismissed the claims after a full evidentiary hearing on the physician’s petition for a preliminary injunction. The decision was affirmed by the Missouri Court of Appeals for the Eastern District. Antoine Adem, M.D. v. Des Peres Hospital, Inc.
• Represented an oil company when plaintiffs alleged it violated the New Jersey Franchise Practices Act by failing to give them a right of first refusal on gasoline station properties they were leasing that were being transferred as part of a $220 million-plus transaction involving over 200 station properties. The plaintiffs sought a TRO to prevent the transaction from closing. The court denied the TRO motion, allowing the transaction to close. S&M Gulf, et al. v. Gulf Oil, LP, et al.
• Represented a national religious non-profit organization in protecting the federally registered and common law marks it licenses to affiliated local councils and conferences, filing suit against an organization using a confusingly similar trade name and mark. The court entered summary judgment in favor of the client. National Council of the United States Society of St. Vincent de Paul, Inc. v. St. Vincent de Paul Community Center of Portage County, Inc.
• Obtained a successful jury verdict in favor of a transportation and logistics company in a case involving a claim over the interpretation of a non-solicitation clause contained in a broker/carrier contract. Our client alleged that another transportation company directly solicited its customer in violation of the terms of the agreement, and the matter was tried before the U.S. District Court for the Eastern District of Missouri. Hogan Logistics, Inc. v. Davis Transfer, Inc.
• Defeated class certification in a putative nationwide class action with claimed damages over $25 million, representing a family-owned manufacturer and wholesaler of after-market auto parts. The case later settled for a nominal sum. Williamson v. S.A. Gear Company, Inc.
• Obtained a favorable appellate ruling on behalf of a client in a lawsuit involving the parties’ failed business relationship involving a used car dealership. After a one-week jury trial, we obtained a favorable verdict for $360,000 total. After the judgment was entered, the trial court granted a defendant’s motion for new trial, but the Missouri Court of Appeals, Eastern District, reversed the trial court’s order and the Missouri Supreme Court denied additional review. Aughenbaugh v. Williams
• Obtained dismissal of a breach of contract claim against a software developer related to the development of mobile application for sale of legal/medicinal marijuana. Cannatrac Technology, Inc. v. Midax Mobile, Inc.
• After a jury trial, obtained an award of punitive damages on behalf of an incarcerated plaintiff for violation of 4^th Amendment rights by a correctional officer. Williams v. Roper
• Defended telecommunication providers in a billion-dollar class action lawsuit alleging they sent unsolicited faxes in violation of the Telephone Consumer Protection Act. Summary judgment was entered for the clients on all claims.Paldo Sign and Display Company, et al. v. United Marketing, et al.
• Defended a warranty coverage provider against claims of trademark infringement and unfair competition. TrueNorth Companies, L.L.C. v. TrüNorth Warranty Plans of North America, LLC
• Served as counsel in a five-week jury trial defending BP from claims by its dealers that BP had overcharged them for gas and sold them a defective computer system. The jury returned a verdict for BP on the motor fuel pricing claim and a token amount of damages on the computer claims. This was the bellwether trial for claims brought by over 500 present and former ARCO-branded dealers with aggregate claims totaling over $1 billion in damages. In 2018, the California Court of Appeals affirmed the defense verdicts returned by the jury and upheld BP’s theory on the elements of a claim for unreasonable pricing under UCC sec 2-305. Hoskin Hogan v. BP West Coast Products, LLC
• Represented two large energy companies when a plaintiff sued for wrongful termination of a fuel distributorship under the Petroleum Marketing Practices Act and sought seven figures of lost profits damages. The distributorship was terminated for failure to purchase the base volume of gasoline required under the parties’ agreement. Hoskins Oil Company, LLC v. Shell Oil Products US and Motiva Enterprises, LLC
• Won a significant victory in the U.S. Court of Appeals for the Fourth Circuit relating to a $24 million False Claims Act judgment. S. ex rel. Kurt Bunk v. Gosselin Group, N.V., et al.
• Served as co-counsel in a jury trial defending a medical technology company on claims of strict products liability, negligence, breach of implied warranty, and violation of the Missouri Merchandising Practices Act related to the manufacture and sale of metal-on-metal artificial hip components. The court dismissed the implied warranty and Missouri Merchandising Practices Act claims, and the plaintiff voluntarily dismissed the failure to warn claim. The jury returned a defense verdict on the remaining claims that was affirmed on appeal. Donald S. Deline v. Wright Medical Technology and Dr. Paul Lux
• Represented a truck leasing and rental company in a suit against a defendant that leased a semi-truck under an agreement that included an indemnity provision but failed to indemnify the company in an underlying wrongful death action. Partial summary judgment on liability was granted, and after a bench trial on damages, the court awarded the company its requested damages of over $260,000 and later attorneys’ fees and expenses of more than $177,000. Hogan Truck Leasing, Inc. v. C&C Produce, Inc.
• Represented an owner/operator of service stations and convenience stores, including two locations that had Noble Roman’s pizza and/or sandwich franchises, against Noble Roman’s claims that it had violated franchise agreements. The client obtained a favorable settlement, and the case was dismissed.Noble Roman’s, Inc. v. Hattenhauer Distributing Company
• Lead counsel for major refiner defending against claims brought by a plaintiff seeking to prohibit it from terminating its franchise agreements under which it operates an ARCO ampm station in Northern California. SA Mission v. BP West Coast Products
• Served as lead counsel in a two-week trial defending a major energy company from claims brought by franchisees claiming that it conspired with its franchise broker/distributor to defraud them into the purchase of certain real estate and franchises. The court entered a judgment in favor of the client on all counts. Creative International Retail Services, Inc. et al. v. B&R Oil Company, Inc. d/b/a Atlas Oil Company and BP Products North America Inc.
• Successfully defeated Petroleum Marketing Practices Act claims brought in a case with more than 100 dealers challenging their termination of certain ARCO sites in Southern California for a big-six refiner. BP West Coast Products LLC v. Crossroad Petroleum, Inc. et al.
• Regional counsel in product liability multidistrict litigation for claims arising out of alleged defects in knee, hip, and other implant devices. Plaintiffs alleged that various medical implantation devices were negligently designed and manufactured.
• Defended an employer against a former employee’s claim on behalf of a putative class alleging a violation of Illinois’ Biometric Information Privacy Act (BIPA).
• Represented a student loan service provider against claims under the Illinois Consumer Fraud and Deceptive Business Practices Act and other common law claims. The plaintiff wanted to certify a class of student loan borrowers based on her allegation that she was not informed of alternative, income-driven repayment options.
• Represented a municipal client facing a putative class action related to the quality of drinking water, specifically pertaining to the level of disinfection byproducts tested in the water. The case was settled, with the defendants jointly committing to fund water-quality improvements and a settlement fund.
• Represented a utility company facing a putative class action alleging that the Public Service Commission had unlawfully approved surcharges it collected from residents. The trial court granted our client’s motion to dismiss, and the Missouri Court of Appeals affirmed the dismissal. Agnew v. Missouri-American Water Company.
• Obtained summary judgment in favor of local construction company on its breach of contract claim and declaratory judgment action against former officer and director of the company. Magruder Construction Company, Inc. v. Philip Gali
• Obtained summary judgment in favor of major oil refiner against plaintiffs seeking to invalidate the deed restrictions on their properties in California. Salkhi et al. v. BP West Coast Products LLC
• Defended a class action involving a claim by all Missouri insurance purchasers claiming breach of fiduciary duty in advertising an insurance calculator that allegedly inflated insurance needs. After significant discovery, the trial court granted summary judgment in favor of the client, a financial services firm, on all pending counts. The decision was affirmed on appeal.
• Defended claims brought under the Telephone Consumer Protection Act (TCPA), representing a spectrum of clients in defense of private individual and class action lawsuits brought in state and federal courts throughout the United States.
• Defended class action claims brought under Illinois’ Biometric Information Privacy Act (BIPA).
• Served as lead counsel for one of the big six oil companies in multidistrict litigation involving 34 class actions alleging consumer fraud for allegedly failing to temperature adjust motor fuel sales.
• Represented a client in the trial of a class action case to jury verdict where the class consisted of millions of consumers.
• Defended a client in a multistate class action asserting consumer protection claims based on advertising.
• Defended the revenue-sharing practices for a national stock brokerage firm, including Consolidated Securities Class Actions alleging the failure to adequately disclose more than $384 million in revenue-sharing payments; negotiated with federal and state agencies to resolve regulatory concerns; and defended state civil enforcement actions including those brought by California.
• Served as lead counsel for a national brokerage firm in consolidated class actions alleging wage-and-hour violations for more than 10,000 brokers.
• Successfully defended numerous hospital systems in putative class actions challenging hospital charges to uninsured patients.
• Defended a large health care network in class action lawsuits filed in U.S. District Court for the Eastern District of Missouri alleging failure to pay for overtime under the Fair Labor Standards Act and Missouri law. The cases were resolved on favorable terms for the client through settlement.
• Obtained summary judgment on behalf of a hospital system in a class action alleging the hospital system violated the Missouri Merchandising Practices Act by balance billing patients with out-of-network insurance.
• Represented two hospital systems in four separate class actions alleging that, among other things, hospitals violated the Missouri Merchandising Practices Act by charging uninsured patients more than insured patients for the same hospital products and services and obtained dismissals for the hospitals in all four cases.
• Represented health care providers in two class actions alleging that the providers violated the Missouri Merchandising Practices Act by pursuing alternative payment sources (automobile medical payments) before pursuing payment from in-network healthcare insurance at contracted rates.
• Represented a hospital system in a class action alleging that a hospital’s facility fee charge violated the Missouri Merchandising Practices Act.
• Served as lead counsel for a national brokerage firm in consolidated class actions alleging wage and hour violations for over 10,000 brokers.
• Defended a large health care network in class action lawsuits filed in U.S. District Court for the Eastern District of Missouri alleging failure to pay for overtime under federal Fair Labor Standards Act and Missouri law. The cases were resolved on favorable terms for client through settlement.
• Represented a national retailer in a nationwide class action wage and hour lawsuit.
• Defeated class certification in WARN Act class action litigation, on behalf of a large retailer.
• Defended a religious health care network and employees in a putative class action lawsuit challenging the pension plan's status as a church plan exempt from ERISA.
• Obtained favorable jury verdict on behalf of national bank defendant on claims of aiding and abetting a Ponzi scheme after defeating a motion for class certification and obtaining dismissal on preliminary motion of seven other defendant banks and financial institutions on $65 million UCC and conspiracy to defraud claims in federal court action arising from handling of customer accounts.
• Obtained dismissal of FDCPA and state RICO claims in a putative class action against a financial institution and its attorneys alleging irregularities in state court foreclosure actions.
• Secured the dismissal on a preliminary motion of four national banks and their holding companies in a multi-million-dollar putative class action involving National Bank Act preemption issues arising from claims that defendant banks improperly charged fees in garnishment proceedings in violation of state law.
• Obtained dismissal on motion of putative class action alleging violations of Ohio UCC and Retail Installment Sales Act in auto repo activities on the basis of federal preemption.
• Successfully defended a national bank in multistate litigation by 300 individual plaintiffs alleging securities violations and fraud arising from the bank’s loans to investors in a defunct company.
• Successfully represented a large national bank in putative class action alleging violations of the Electronic Funds Transfer Act (EFTA); all claims were dismissed at summary judgment stage by the district court and affirmed by the Sixth Circuit Court of Appeals.
• Successfully represented a large national bank and its executives accused of causing $40 million+ in damages to a major customer based on alleged violations of various federal securities laws and lending laws in Seattle state court suit.
• Defended a national banking institution accused of breach of fiduciary duty under ERISA for failing to timely invest participants’ contributions to the pension and profit-sharing plan of a major insurance company.
• Obtained a defense verdict for a surgeon and orthopedic group opposing a patient’s claim that the surgeon breached the standard of care in lacerating the median nerve during carpal tunnel surgery. The jury found in favor of the defense after three days of evidence during a 2016 trial in Jefferson County, Illinois.
• Obtained a defense verdict on behalf of a hospital system and two pediatric neurosurgeons in a multimillion-dollar wrongful-death medical malpractice case arising out of surgery to repair a pseudomeningeal cyst.
• Obtained a defense verdict for an Illinois hospital in a claim brought on behalf of a fetus alleging injuries and total damages over $10 million as a result of the exposure in utero to I-131 iodine used to diagnose thyroid cancer in the mother.
• Obtained a defense verdict for an Illinois hospital and emergency physician in a claim alleging delay in treatment caused the death of a 50-year-old woman.
• Obtained summary judgment for a regional EMS resource hospital in Southern Illinois sued because its EMS medical director assisted in the development of a regional EMS transportation plan. Following a fatal automobile accident, a full-term pregnancy was automatically routed to a facility that could not treat the mother or the fetus appropriately. The resource hospital had no involvement in the treatment of the patients. The receiving hospital had obtained IDPH waivers on mandatory equipment without notification to the resource hospital. The trial court found that the facility which was working within the Illinois EMS system and immune from liability.
• Defended an orthopedic surgeon performing a joint-replacement surgery on patient with a pre-surgery history of MRSA. The patient developed a severe post-surgery infection of the joint and underwent eleven surgical procedures. Discovery revealed plaintiff sought total disability claim pre-surgery due to an unrelated condition. We were able to settle the matter for significantly less than the medical expenses and lost wages of over $1 million.
• Negotiated a favorable settlement for a physician sued for battery and assault relating to surgery on the incorrect foot. Upon realizing the operation was proceeding on the wrong foot, the physician temporarily woke the patient from anesthesia to obtain oral permission to operate on that foot. The physician then completed surgery on both feet in direct contradiction to plaintiff’s directions. Negotiations began with an intractable plaintiff demanding seven figures and resolved with a minor financial payment and apology.
• Obtained a judgment in favor of a nurse sued for sciatica after the intra-muscular injection of medication. The plaintiff’s first documented complaint of sciatic pain was one month post-injection. The plaintiff’s treating physician testified at trial that there were “numerous” potential causes for plaintiff’s subsequent numbness and tingling. The plaintiff’s expert testified that the sole basis of his opinion was the plaintiff’s history that the plaintiff had no problems before the injection and developed sciatica “shortly after the injection.”
• Obtained a defense verdict in a medical negligence case in which plaintiffs sought over $1 million in past and future damages related to an alleged surgical error.
• Obtained the reversal of a $1.4 million plaintiff’s verdict in a wrongful death case due to an instructional error in which the plaintiff’s verdict director assumed a disputed fact.
• Represented a dentist in three matters before the Missouri Dental Board relating to claims related to alleged violations of the Dental Practice Act. After investigation and an appearance before the board, all three matters were closed without any sanction being issued.