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Thomas W. Hayde, CIPP/US

Partner

Spencer Fane attorney Thomas W. Hayde square

T 314.333.3921
F 314.862.4656
thayde@spencerfane.com

The SFBB trial team wins defense verdict, rejecting plaintiff’s claims seeking $5 million plus punitive damages.

A St Louis jury returned a defense verdict after a hard-fought two week trial. Plaintiff alleged that Spencer Fane’s client, Guardian Life Insurance Company, through its agents, breached a fiduciary duty by failing to ensure payment of the premiums on a life insurance policy issued to her deceased husband pending the issuance of a replacement life insurance policy. Spencer Fane was brought into the case in August after the case had been in litigation for six years. Spencer Fane eliminated major claims through a summary judgment, setting the stage for the trial.

Summary Judgment Avoids Expensive Trial Costs

Aggressive and careful summary judgment strategy proves successful.

Representative experience

  • Successfully obtained numerous dismissals, stipulated and contested, for various manufacturing and premises defendants in asbestos litigation in Madison County, Illinois, the City of St. Louis, and other jurisdictions.
  • Lead counsel for coatings industry clients on pretrial and dispositive and expert motion practice that resulted in the disqualification of many of plaintiffs’ experts opinions and partial victory on summary judgment motions, resulting in highly favorable settlement for client.
  • Counsel for playground equipment manufacturer in defense of suit brought by freight carrier for alleged mileage shortfall fees under carrier contract; obtained summary judgment on fee claims at trial court level, summary judgment upheld on appeal.Represented multi-billion-dollar health care information technology services firm in defense of pharmaceutical failure to warn claims based on patient education monographs.
  • Represented Fortune 250 casual dining company and its franchisee in commercial lease dispute with local landlord, successfully avoiding summary judgment for the landlord by raising creative legal and equitable defenses, resulting in favorable settlement with markedly improved position for client.
  • Represented large distributor for Fortune 100 food product company in defense of several personal injury claims filed by customers of retail stores, resulting in favorable outcomes including outright dismissals and minimal claim payments.
  • Obtained summary judgment in favor of large distributor for Fortune 100 food product company who was sued for alleged unpaid freight charges by subcontractor carrier.
  • Counsel for international resort in defense of personal injury claims, successfully obtained dismissal of claims for lack of personal jurisdiction over international client.
  • Counsel for international fashion conglomerate in defense of claims for finders’ fee commission under consulting agreement regarding acquisition of large high-end fashion brand; lead drafter of summary judgment and pre-trial motions, resulting in highly favorable settlement for client following pretrial conference.
  • Lead counsel for marine aquaria live foods manufacturer and its owner/manager in dispute with former business associate over ownership of LLC and its intellectual property, resulting in highly successful settlement for client including protection against competition and use of intellectual property.
  • Counsel for data center and colocation provider and its executives in dispute with shareholder and vendors, resulting in highly favorable settlement.
  • Represented large industrial equipment supply client in New York City Asbestos Litigation, resulting in successful summary judgment in favor of client and dismissal of claims.
  • Successfully obtained reversal of summary judgment on appeal on behalf of real estate investor in quiet title after tax sale, resulting in clear title to the asset.
  • Lead trial counsel for commercial real estate owner in lease dispute with former tenant; obtained judgment for rent and damages totaling over $200,000 after five-day jury trial.
  • Lead counsel, successfully obtained summary judgment in favor of individual client in consulting fee contract dispute with former employer, including interest and attorneys’ fees.
  • Successfully obtained dismissal of large industrial equipment supply client in asbestos litigation in Rhode Island, on the basis of motion to dismiss for lack of personal jurisdiction and lack of legal successor liability.
  • Represented multi-national nutrition medical device maker in defense of various claims by former salesperson for wrongful termination.
  • Represented international pharmaceutical company in defense of mass tort claims for alleged failure to warn of risks of severe skin reactions from use of anti-convulsant medication.
  • Represented large national communications technology services company against claims brought by former customer under Illinois Consumer Fraud Act, successfully obtaining dismissal of lawsuit by enforcement of forum selection clause in parties’ contract, forcing extremely favorable resolution for client.
  • Represented and counseled numerous businesses and individuals regarding claims under the Missouri Merchandising Practices Act and other state and federal consumer fraud laws.
  • Defended debt collection clients from Fair Debt Collection and Fair Credit Reporting Act claims in state and federal courts.
  • Successfully obtained dismissal of malicious prosecution claims filed against law firm and former clients.
  • Represented condominium association in foreclosure action against unit owner for non-payment of assessments, property damage and breaches of condominium agreement, resulting in favorable settlement including transfer of title.
  • Represented investors and individuals in title disputes following sales of residential property for unpaid real estate taxes.
  • Represented large industrial REIT in litigation against multi-national chemical manufacturing tenant for property damage to leasehold premises, resulting in favorable settlement for client.
  • Represented large international industrial materials supplier to enforce non-compete and non-solicitation agreement against former employee and competitor that had hired him away, resulting in very favorable settlement including enforcement of covenants.
  • Represented pool equipment manufacturer in defense of product liability personal injury claims involving permanent paralysis, resulting in resolution of claims without liability for client.
  • Represented national staffing agency and local affiliate in defense of claims by former client alleging breach of placement contract, resulting in favorable settlement.