Josh Dickinson is a partner in Spencer Fane’s Litigation and Dispute Resolution and Labor and Employment Groups. He represents businesses and professionals across a wide spectrum of disputes, including intellectual property, employment, construction, and creditor's rights. He also has significant experience in representing clients in complex commercial litigation, including class action and multi-jurisdictional disputes.
Josh has successfully litigated dozens of cases involving commercial trade secrets, post-employment covenants not-to-compete, and other employment issues in Missouri, Kansas, Nebraska, and elsewhere. In the construction field, Josh has represented a variety of general contractors, subcontractors, and owners in settings from underground caves to high-rise hotels.
Josh has developed significant experience in defending credit agencies, creditors, and law firms from individual and class action claims brought under the Fair Debt Collection Practices Act (FDCPA),Telephone Consumer Protection Act (TCPA), Fair Credit Reporting Act (FCRA), various state consumer protection statutes, and common law fraud. Josh acts as regional and national counsel for several debt collection agencies and law firms. He currently serves as the Nebraska State Compliance Chair for the Association of Credit and Collection Professionals (ACA) International, and is a regular speaker/contributor on FDCPA compliance and litigation issues.
Josh has represented his clients in dozens of jurisdictions and through all phases of the litigation process, including pre-filing negotiations, mediation, discovery, arbitration, bench trial, and jury trial. In addition, Josh is a member of the Firm's Appellate Practice Group and has authored briefs before the United States Court of Appeals for the Eighth Circuit, United States Court of Appeals for the Tenth Circuit, Supreme Court of Missouri, Missouri Court of Appeals, Kansas Court of Appeals, and Wisconsin Court of Appeals.
Josh began his career in private practice at Spencer Fane's Kansas City, Missouri office. After six years in Kansas City, Josh joined Spencer Fane’s office in Omaha, Nebraska. He is currently licensed and actively practices law in the state and federal courts of Missouri, Kansas, Nebraska, and Iowa.
Immediately prior to joining Spencer Fane, Josh was a Law Clerk for the Honorable Gary A. Fenner, United States District Court Judge for the Western District of Missouri in Kansas City, Missouri. Josh received his law degree in 1999 from Creighton University School of Law in Omaha, Nebraska, where he graduated magna cum laude and was a published Law Review member. He also sat on Creighton's moot court and client counseling boards. Josh received his bachelor's degree in psychology and Spanish, summa cum laude, from Morningside College, Sioux City, Iowa.
Representative Experience
Litigation: Trials
- Independence Receivables Corporation vs. Andrea Turk Dansby (Circuit Court of Jackson County, Missouri, 0816-CV02381; 2010). Lead trial counsel in five-day jury trial defending debt collection agency from allegations of violations of the FDCPA and common laws claims causing severe emotional distress. Defense verdict.
- James E. Jackson v. Susan Rawlings d/b/a New Century Sales (District Court of Douglas County, Nebraska, 1079-683; 2009). Plaintiff’s counsel in business dispute over monies owed per contract. Full Plaintiff’s verdict.
- MGL Management Limited v. A.O., Inc., et al. (Circuit Court of Jackson County, Missouri, 03CV223324; 2007). Represented personal guarantor in five-day jury trial seeking collection of defaulted business loan. Defense verdict
Litigation: Class Actions
- Marcia Edwards v. Anthony A. Petrocchi d/b/a Anthony A. Petrocchi, P.C. (U.S. District Court-Eastern District of New York, 1:11-cv-04640; 2011). Lead counsel in defending FDCPA class action lawsuit.
- Samuel Stewart, et al. v. Vion Holdings LLC and Gamache & Myers, P.C. (U.S. District Court-Western District of Missouri, 4:11-cv-00671; 2011). Counsel defending FDCPA class action lawsuit.
- David Michael Batchelder, et al. vs. Palmer's Food Company, Inc. d/b/a Palmer's Deli & Market, et al. (U.S. District Court-Northern District of Iowa, 4:11-cv-00259; 2011). Plaintiffs’ counsel in FACTA class action lawsuit.
- BradyKeith, et al. vs. Back Yard Burgers of Nebraska, Inc., et al. (U.S. District Court-Nebraska, 8:11-cv-00135; 2011). Plaintiffs’ counsel in FACTA class action lawsuit.
- Rachel Curnal, et al. vs. LVNV Funding LLC (U.S. District Court-Kansas, 2:10-cv-02610; 2010). Lead counsel in defending FDCPA class action lawsuit.
- Randy Waterman, et al. vs. GCC Alliance Concrete, Inc., et al. (U.S. District Court-Northern District of Iowa, 5:10-cv-04038; 2010). Co-lead counsel in defending anti-trust lawsuit against concrete company accused of price fixing.
- DarleneGarrett, et al. vs. Regent Asset Management Solutions, Inc., et al. (U.S. District Court-Northern District of Ohio, 1:10-cv-00566; 2010). Lead counsel in defending’ FDCPA class action lawsuit.
- JeffVeerhussen, et al. vs. Capital Management Services, LP, et al. (U.S. District Court-Nebraska, 8:09-cv-00354; 2009). Local counsel in defending FDCPA class action lawsuit.
- Nathanial Johnson, et al. vs. Law Offices of Brachfeld & Associates, et al. (U.S. District Court-Nebraska, 8:09-cv-00336; 2009). Local counsel in defending FDCPA class action lawsuit.
- Jason Szabo, et al. vs. Regent Asset Management Solutions (U.S. District Court-Minnesota, 0: 09-cv-03463; 2009). Lead counsel in defending FDCPA class action lawsuit.
- MirandaBlodgett, et al. vs. Regent Asset Management Solutions, Inc. et al. (U.S. District Court-Minnesota, 0:09-cv-03210; 2009). Lead counsel in defending FDCPA class action lawsuit.
- Edward Morgan, et al. vs. Dennis Scott Carruthers, et al. (U.S. District Court-Southern District of Ohio, 2:09-cv-00750; 2009). Lead counsel in defending FDCPA class action lawsuit.
- Laraine Harris, et al. vs. D. Scott Carruthers & Assoc., et al. (U.S. District Court-Nebraska, 8:09-cv-00154; 2009). Lead counsel in defending FDCPA class action lawsuit.
- Edward J. Nazar, et al. vs. Wolpoff & Abramson, LLP (U.S. District Court-Kansas, 2:07-cv-02025; 2007). Co-lead counsel in defending FDCPA class action lawsuit.
- Robert Lavender, et al. vs. Wolpoff & Abramson, LLP, et al. (U.S. District Court-Western District of Missouri, 4:07-cv-00015; 2007). Co-lead counsel in defending FDCPA class action lawsuit.
- IsabelleAuffert, et al. vs. Wolpoff & Abramson, L.L.P. (Circuit Court of Jackson County, Missouri, 0516-CV26608; 2005). Co-lead counsel in defending FDCPA class action lawsuit.
- New Century Health Quality Alliance, et al. vs. Blue Cross and Blue Shield of Kansas City, Inc., et al. (U.S. District Court- Western District of Missouri, 4:05-cv-00555; 2005). Counsel for national insurance company accused of anti-trust and other business torts.
- James Mirabile, M.D., et al. vs. Blue Cross Blue Shield of Kansas City, et al. (District Court of Wyandotte County, Kansas, 05CV000307; 2005). Counsel for national insurance company accused of anti-trust and other business torts.
- Gary and Kathy Henry, et al. vs. The Dow Chemical Company (Circuit Court of Saginaw County, Michigan, 03-47775; 2003). Plaintiffs’ counsel in class action on behalf of land owners whose property was allegedly contaminated due to negligent intrusion of dioxin.
Areas of Emphasis
- Attorney Liability
- Construction
- Commercial Trade Secrets
- Creditor's Rights
- FDCPA, TCPA, FCRA, FACTA
- Post-Employment Covenants Not-to-Compete