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Todd was born and raised in St. Louis, Missouri. Along with his wife and three children, Todd now resides in Parkville, Missouri (a small suburb of Kansas City, Missouri).
After law school, Todd began his legal career in the Kansas City office and national headquarters of Lathrop & Gage, L.C., specializing in wrongful death and catastrophic injury cases as well as consumer protection litigation. In October 2001, Todd joined Stueve Siegel Hanson, LLP as an associate. In June 2006, Todd was elected to the Firm's partnership as an equity partner. He continues to grow his practice at the Firm and specializes in the areas of wrongful death and catastrophic injury litigation, class action litigation, and complex business litigation.
Todd has spent his legal career serving as trial and appellate counsel for individuals, as well as both large and small companies, in a wide array of wrongful death and catastrophic injury litigation, product defect litigation, class action litigation, complex business litigation and environmental litigation. He has represented clients in state and federal courts as well as AAA arbitrations throughout this country - including in the states of Arizona, Arkansas, California, Colorado, Florida, Illinois, Kansas, Louisiana, Michigan, Missouri, New Jersey, New York, Oklahoma, Pennsylvania, Texas and Washington, D.C. Todd has also served in various capacities as co-lead counsel in complex cases and served on various Plaintiffs' Steering Committees.
In 2008, Todd was designated a "Rising Star" by Missouri and Kansas Super Lawyers, a publication of Law and Politics Magazine. With his designation as a Super Lawyer "Rising Star," Todd has been recognized by his peers as being among Missouri's top up and coming attorneys. According to the publication, Missouri lawyers are instructed to nominate lawyers they have personally observed in action whether as opposing counsel or co-counsel, or through other firsthand courtroom observation; the nominated attorneys must be age 40 or under, or practicing for 10 years or less. The nominated lawyers are ranked by point totals and those with the highest point totals are named to the "Rising Stars" list. Only 2.5 percent of the lawyers in the state can be named to the list.
Current Cases
Recent Trial and Litigation Experience
Wrongful Death and Catastrophic Injury Litigation
Business Litigation
EDUCATION
THE GEORGE WASHINGTON UNIVERSITY SCHOOL OF LAW, Washington, D.C.
J.D., With Honors, May 1999
Member, The George Washington University Journal of International Law and Economics
Recipient, The Justice Thurgood Marshall Prize, awarded to one member of the graduating class who excels and most exemplifies dedication to, work in, and representation in the fields of civil rights and civil liberties.
Lecturer, "Pretrial Drug Defense in the Superior Court of the District of Columbia."
UNIVERSITY OF MIAMI, Coral Gables, Florida
B.A., Cum Laude , English Literature, May 1996
B.A., Cum Laude , Philosophy, May 1996
President, International Pre-Legal Honor Society
Chairman and Lead Counsel, Inter-Collegiate Mock Trial Competition
Member, Debate Team
President, International Philosophy Honor Society
Vice-President, International English Honor Society
Senior Senator, Student Government
Recipient, Phi Sigma Tau Award, awarded to one member of the graduating class who excels and publishes in the areas of Philosophy and Ethics
MEMBERSHIPS AND ASSOCIATIONS
Member, Missouri Bar
Member, Kansas Bar
Member, American Bar Association
Member, American Association for Justice (formerly the Association of Trial Lawyers of America)
Member, Missouri Association of Trial Attorneys
Member, Kansas Bar Association
Member, Kansas City Metropolitan Bar Association
Member, Lawyers Association of Kansas City
Plubell, et al. v. Merck & Co., Inc., (Class Action Litigation) Circuit Court of Jackson County, Missouri. Todd, along with other SSH attorneys, has brought a Missouri statewide class action on behalf of all Missouri purchasers of Vioxx, the Cox-2 pain reliever that Merck pulled off the market after the FDA identified several misleading sales practices used by Merck to market the product. The case was removed to Federal District Court for the Western District of Missouri under CAFA after SSH amended the complaint. SSH argued and won in the Eighth Circuit Court of Appeals the affirmation of the trial court's remand to state court. The case has now been certified as a class action.
Watson v. Toyota Motor Sales USA, et al., (Catastrophic Injury Litigation) Jackson County, Missouri. Todd represents the surviving children of a woman tragically killed at a car wash. The family is suing the driver and the owner of the car wash, The Cleaver Company. Todd has secured a $600,000 settlement involving the driver of the vehicle. The remaining claims are scheduled to go to trial in September 2012.
Individual Bextra Personal Injury Litigation, (Catastrophic Injury Litigation) Various State and Federal Courts throughout the United States. Todd, along with other SSH attorneys, brought individual catastrophic injury cases alleging various Plaintiffs' ingestion of the prescription drug Bextra, the Cox-2 pain reliever that Pfizer pulled off the market after the FDA identified several misleading sales practices used by Pfizer to market the product, caused various heart attacks and strokes, including wrongful deaths as a result.
Individual Celebrex Personal Injury Litigation, (Catastrophic Injury Litigation) Various State and Federal Courts throughout the United States. Todd, along with other SSH attorneys, brought individual catastrophic injury cases alleging various Plaintiffs' ingestion of the prescription drug Celebrex, the only Cox-2 pain reliever still on the market manufactured by Pharmacia and Pfizer, caused various heart attacks and strokes, including wrongful deaths as a result.
Individual Prempro Personal Injury Litigation, (Catastrophic Injury Litigation) Various State and Federal Courts throughout the United States. Todd, along with other SSH attorneys, brought individual catastrophic injury cases alleging various Plaintiffs' ingestion of the prescription drug Prempro, a hormone replacement therapy drug manufactured by Wyeth, caused various breast cancers, heart attacks and strokes, including wrongful deaths as a result.
RECENT TRIAL AND LITIGATION EXPERIENCE
Class Action Litigation
Berry, et al. v. Volkswagen of America, Inc., (Class Action Litigation) Circuit Court of Jackson County, Missouri. Todd, along with other SSH attorneys, brought a state-wide class action on behalf of consumers who purchased or leased a Volkswagen Jetta, Golf, GTI or Cabriolet model years 1995-1998 and certain Volkswagen Jetta, Golf or GTI model year 1999. The breach of warranty and deceptive trade practices claims allege that Volkswagen sold consumers Volkswagen vehicles with defective window regulators and/or plastic window clamps requiring consumers to pay several hundreds of dollars to continually replace the window regulators. Under the settlement, Volkswagen has agreed to reimburse all expenses incurred by VW owners in the past related to repairing/replacing the defective window regulators plus $75 for each documented incident or workshop visit in which one or more window regulator failures were diagnosed, repaired or replaced.
Parkinson, et al. v. Hyundai Motor America, Inc., (Class Action Litigation) United States District Court for the Central District of California. Todd, along with other SSH attorneys, has brought a nationwide class action on behalf of consumers who purchased or leased a 2003 Hyundai Tiburon GT. SSH was appointed co-lead counsel in a consumer class action against Hyundai Motor America alleging that Hyundai marketed and sold vehicles with defective flywheel systems. The case was settled in June 2010 in favor of the plaintiffs. Eligible class members received cash reimbursements for money spent on certain flywheel/clutch parts repairs to their 2003 Hyundai Tiburons.
Lewin, et al. v. Volkswagen of America, Inc., (Class Action Litigation) Superior Court of New Jersey, Atlantic County. Todd was co-lead counsel in a nationwide class action against Volkswagen for defective window regulators installed on nearly 1 million vehicles including 1999-2003 model year VW Golf, GTI and Jetta and 1998-2003 model year VW Beetle. Under the settlement agreement VW agreed to (1) reimburse all expenses incurred by VW owners in the past related to replacing the defective window regulators,(2) install a redesigned metal window regulator replacing any failed window regulators (which used plastic components) under an extended warranty, (3) extend the warranty for all four window regulators at issue to 7 years from the date of the car purchase. The settlement also required VW to direct mail the notice of settlement to nearly 1 million customers as well as publish a summary notice in USA Today and incur all administrative costs in for processing the extended warranty and reimbursement claims. The value of the settlement including the replacement costs and extended warranty could exceed $50,000,000.00. SSH was awarded attorneys' fees and costs in the litigation.
Gutzler, et al. v. General Motors, (Class Action Litigation) Circuit Court of Jackson County, Missouri. Todd, along with other SSH attorneys, brought a class action on behalf of consumers who purchased or leased certain GM vehicles that were factory filled with Dexcool, GM's Organic Acid Technology Long Life Engine Coolant. Plaintiffs alleged that the vehicles, as well as the engine coolant, are defective causing sludging of the cooling systems in certain vehicles and causing lower intake manifold gasket failures in certain vehicles. On March 20, 2008, the California Superior Court granted preliminary approval to the class action settlement reached with General Motors in the GM/Dex-Cool class action lawsuit. This settlement affects people who purchased or leased a "covered vehicle" anywhere in the United States other than Missouri. A separate settlement has been reached for those who purchased or leased their vehicle in Missouri, which will offer the same benefits but will be separately approved by a Missouri court.
Tadken v. Mitsubishi Motor Sales of America, Daily v. Daimler Chrysler Motors Corp., (Class Action Litigation) Circuit Court of Jackson County, Missouri. SSH brought this nationwide class action that involved litigation over 4 years in Missouri, Kansas and California and resulted in final court approval of a nationwide class settlement valued at $33,000,000. The case settled claims alleging breach of express and implied warranty and deceptive trade practices arising out of the alleged defective 17 inch rims installed on approximately 350,000 1997-2001 Daimler/Chrysler Avenger and Sebring Coupes and 1997-2002 Mitsubishi Eclipse and Eclipse Spyder vehicles. Stueve Siegel alleged that the 17 inch rims at issue were defectively designed to bend or deform to protect the fragile suspension and frame of the vehicles in question. As a result, Plaintiffs' alleged that the rims would bend during normal use of the vehicles and that Mitsubishi and DaimlerChrysler knew of this defect prior to selling the vehicles. Plaintiffs also alleged that Defendants failed to disclose this information to consumers.
Four-B Corp, et al. v. Ueno Fine Chemicals, (Class Action Litigation) United States District Court for the District of Kansas. Todd, along with other SSH attorneys brought an antitrust price-fixing class action against various foreign and domestic sorbate manufacturers alleging that the corporations engaged in a scheme to fix the price of sorbates throughout the world. The case was settled on an individual basis for all of our grocer clients for a confidential amount.
In re: Hyundai Horsepower Litigation, (Class Action Litigation) Todd assisted Norm Siegel in the Hyundai Horsepower Litigation, which netted class relief totaling between $75-$125 million. The case was aggressively litigated over nearly two years and was fought on numerous fronts. The nationwide litigation began in September 2002 when Hyundai announced it had overstated horsepower ratings in more than 1 million vehicles sold in the United States over a 10 year period. SSH was one of several firms around the country that filed class actions against Hyundai, but in early 2003, Hyundai announced it had settled the case on a nationwide basis with two lawyers in Beaumont, Texas. SSH was part of a leadership group of intervenors in Beaumont who were provided 90 days to conduct discovery and challenge the settlement. Norm took the lead in discovery; processing more than 80,000 pages of Hyundai documents and taking the depositions of top Hyundai management, including the CEO of Hyundai Motor America, and a corporate representative of HMA's parent in Seoul, South Korea. This discovery led to lengthy briefing and ultimately a ruling by the Beaumont Court that the proposed settlement was unfair to class members. Following that ruling, Hyundai entered talks with SSH's group of attorneys, resulting in the settlement valued at $75-$125 million.
Wrongful Death and Catastrophic Injury Litigation
Wright v. Premcor et al., (Catastrophic Injury Litigation) Circuit Court of Madison County, Illinois, Todd, along with other SSH attorneys, brought an individual catastrophic injury case alleging that plaintiff developed a plastic anemia as a direct and proximate result of his exposure to benzene in the gasoline and petroleum products spilled and leaked under the city of Hartford, Illinois. Hartford, Illinois is located near refineries, former refineries and the Mississippi River. The gasoline and petroleum products from these refineries and former refineries are and were pumped by pipeline under and near the city of Hartford to the Mississippi River. Prior to 1983, huge amounts of gasoline and petroleum products were leaked and spilled from Defendants' refineries and/or pipelines underneath the city of Hartford, so that now about 4 million gallons of commingled gasoline and petroleum products exist under Hartford, Illinois. The vapors from this waste, including toxic benzene vapors, were released into the homes of residents of Hartford, Illinois prior to and including 1984. Benzene also polluted the water in Hartford at dangerous levels prior to and including 1984. Recent government measurements of benzene levels in water and air far exceeded recognized safety standards. A confidential settlement was reached in favor of the plaintiff.
Rolfe v. Daimler-Chrysler Motors Corp., et al., (Wrongful Death Litigation) Circuit Court of Jackson County, Missouri. Todd, along with other SSH attorneys, brought a wrongful death case involving the death of a young husband and father. Our client was rear ended by a drunk driver while our client was stopped at a traffic signal sitting in his Jeep Cherokee. After being rear ended, our client's vehicle burst into flames and he was burned alive because he could not escape the vehicle as the doors were jammed. The case was brought against the drunk driver that rear-ended our client, the drunk driver's employer who permitted him to drive while in the course and scope of employment, the local tavern/bar that served the drunk driver all of his drinks, and the manufacturer of our client's vehicle. Our clients were awarded $5.7 million as a result of that partial settlement, trial and appeal.
Gustin v. Nissan, et al., (Wrongful Death Litigation) Circuit Court of Jackson County, Missouri. Todd, along with other SSH attorneys, brought this wrongful death case against Nissan Motor Co. involving the rollover of a Nissan Pathfinder. Our client's father, the passenger in the Nissan Pathfinder, was killed when his Nissan Pathfinder rolled over and down an embankment. Plaintiff alleged various vehicle defects, including inadequate stability, excessive roof crush, airbag failure and seat belt defects. The case was settled for a confidential amount.
Robinson v. Nelson Engineering and Claussen Fabrications, Inc., (Wrongful Death Litigation) District Court of Lyon County, Kansas. Todd, along with other SSH attorneys, represented the surviving wife and family of Edwin Robinson, who was killed in an industrial accident at IBP in Emporia, Kansas. Mr. Robinson left behind his wife and children. Mr. Robinson was killed after delivering a load of structural steel to Nelson Engineering Construction, Inc. at the IBP plant in Emporia, Kansas. The steel was originally loaded onto Mr. Robinson's truck by Claussen Fabrications, Inc. While the steel was being offloaded from the truck in Emporia, Kansas, the load shifted, and a 4200 lb. beam fell from the truck and struck Mr. Robinson, who was near the truck. The impact from the steel beam crushed Mr. Robinson to death. The steel was not loaded properly on Mr. Robinson's truck which caused it to shift during the offloading process. A piece of dunnage to the rear of the load "racked out" and onto its side, causing the steel beam to fall during the offloading process. Plaintiffs also alleged that the company that unloaded the steel at the IBP facility did so in a negligent and improper manner. Todd tried the case to verdict. Prior to verdict, the parties entered into a confidential settlement and high-low agreement.
Lewis v. Door Systems Inc., et al., (Wrongful Death Litigation) Circuit Court of Jackson County, Missouri. Pat Stueve and Todd Hilton sued Door Systems, Inc. and its owners for the wrongful death of Mr. Lewis. In the morning of January 4, 2006, a runaway 2-ton trailer collided head-on into Mr. Lewis' 1999 Ford Explorer and tragically decapitated and killed him while he was driving by himself in a southerly direction on US 50 Highway. The 2-ton trailer was improperly attached to a 2001 GMC Sierra pickup traveling north, on U.S. 50 Highway. The lawsuit claimed that Defendants failed to conduct even a cursory inspection of the trailer and truck prior to operating the vehicle that would have revealed the improper ball and hitch assembly, the improper installation and use of the safety chain, and the unconnected safety cable and electronic braking device on the home made 2-ton trailer. Within weeks of trial, SSH settled with all defendants for a confidential amount.
Greenhalgh v. Union Pacific Railroad, (Wrongful Death Litigation) Circuit Court of Jackson County, Missouri. Todd, along with other SSH attorneys, sued UP and others for the wrongful death of Plaintiff's son. He was killed at age 17 when he was struck by an AMTRAK train that was traveling on tracks owned, operated and maintained by Union Pacific. He was walking near the tracks on his way to work when he was struck by an AMTRAK train traveling 70 m.p.h. through a residential portion of Independence, Missouri. Plaintiff alleged that the UP knew or should have known that the public used UP's right of way in and around the area of tracks at issue for numerous years. Plaintiff alleged that: UP failed to erect fences to keep people from using UP's railroad tracks as a walkway; UP failed to erect signs to warn people not to use UP's railroad tracks as a walkway; UP failed to issue a slow order near the location where he was killed despite the local hazard of nearby housing in a residential setting and notice of prior pedestrian activity and accidents at or near the location of the accident; UP failed to keep a careful lookout for pedestrians; UP failed to warn him of their approach by blowing an emergency whistle; and UP failed to slow or stop in time to avoid killing him. Within weeks of trial, the case was settled for a confidential amount.
O'Brien v. Superior Solvents & Chemicals and Chemisphere Corporation, (Catastrophic Injury Litigation) Circuit Court of City of St. Louis. Todd, along with other SSH attorneys, brought a case against several manufacturers and supplies of the cleaning solvents used by the Plaintiff. Plaintiff alleged that he developed leukemia as a result of his exposure to such chemicals. The Plaintiff began his career in the printing industry at Universal Printing Company in St. Louis city in 1963. During his employment in the printing industry, plaintiff used various chemicals supplied by defendants Chemisphere Corporation ("Chemisphere") and Superior Solvents & Chemicals ("Superior"). Plaintiff used these chemicals, or similar chemicals from other manufactures, on a weekly, if not daily, basis from 1963 to present. After numerous years of exposure to these toxic chemicals, Plaintiff was diagnosed with chronic lymphocytic leukemia ("CLL"). Plaintiff alleged that his CLL was caused by exposure to benzene like products or benzene containing products supplied by defendants. Within weeks of trial, the case settled with all parties for a confidential amount.
Hopkins v. Premcor, et al. (Environmental Litigation) Todd represented land owners and residents of Hartford, Illinois who are living on top of a four million gallon underground gasoline plume. Residents of Hartford, which is located between the refineries to the East and the Missouri River to the West, have experienced severe gas fumes in their homes, fires in water wells, and a substantial impairment to their living environment. After several years of litigation, the plaintiffs reached a $39.5 million settlement agreement with refiners Premcor, BP, Shell, Apex and Sinclair.
Weld Racing, Inc. v. Gragg's Paint Co. of Kansas City, Inc., et al., (Business Litigation) Circuit Court of Jackson County, Missouri. Todd, along with Norm Siegel, continued his successful streak in jury trials, winning a $1.5 million jury verdict on behalf of SSH client Weld Racing against Gragg's Paint Company. Weld Racing was a high-end manufacturer of forged chrome wheels, run by a former Indy 500 racer Greg Weld. Weld historically forged all its wheels and outsourced its chrome plating, but in 1999 began to construct an in-house plating facility. Gragg's Paint Co., the defendant, recommended a lining for the metal tanks in the chrome plating line. The lining failed, resulting in significant delays in the chrome line and substantial expenses related to scrapped wheels. Weld made breach of warranty and negligent misrepresentation claims against Gragg's and the case proceeded to trial. After a week long trial, the jury awarded exactly what Weld claimed in damages - $1,589,426.13.
Four-B Corp, et al. v. Ueno Fine Chemicals, (Business Litigation) United States District Court for the District of Kansas. Todd, along with other SSH attorneys brought an antitrust price-fixing class action against various foreign and domestic sorbate manufacturers alleging that the corporations engaged in a scheme to fix the price of sorbates throughout the world. The case was settled on an individual basis for all of our grocer clients for a confidential amount.
Searchhound.com v. GlobalNet Financial.com, (Business Litigation) Todd, along with other SSH attorneys, secured a $125,000 award in a AAA international arbitration involving a commercial contract dispute concerning registration of securities. Todd helped prepare the case for the arbitration hearing, including the coordination of document discovery and witness interviews, as well as examining several witnesses during arbitration. Todd assisted with pre-arbitration and post-arbitration briefing, and successfully negotiating a post-arbitration settlement of the matter.
Tri-Cor Industries, Inc. v. Danara Technical Group, (Business Litigation) Circuit Court of Jackson County, Missouri. Pat Stueve and Todd Hilton obtained a $500,000 judgment in favor of Tri-Cor on both its fraud and contract claims against the defendant. Tri-Cor, a Maryland corporation, was also able to obtain pre-judgment attachment of all the assets of both the company and its principals. SSH is currently enforcing the judgment against the principals of the company.
Realty Executives v. Softouch, (Business Litigation) United States District Court for the Western District of Missouri. Pat Stueve and Todd Hilton prosecuted trademark infringement claims involving defendant's wrongful use of REI's trademarks on internet search engines and through meta-tags on defendant's web site to direct web traffic to defendant's web site. Patrick and Todd obtained full equitable relief against the defendant including requiring the defendant to shut down its web site.
COMMUNITY
Todd is an active member of his Homeowners' Association in Parkville, Missouri, a member of the Juvenile Diabetes Research Foundation, a member of the American Civil Liberties Union, an active member of both the George Washington University and the University of Miami alumni chapters, and a member of the St. Therese Catholic Church. In his spare time, Todd and his family are boating enthusiasts and avid water sports fanatics, including wake boarding, water skiing, knee boarding and wake surfing.
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