Mr. Moeller has over 30 years of experience handling complex litigation, including environmental litigation, technology litigation, employment litigation, and general commercial litigation. He is adept at simplifying complex facts and concepts and transforming them into compelling, understandable arguments supporting his clients' positions. Mr. Moeller has been recognized by his peers repeatedly over the years in The Best Lawyers in America, Missouri and Kansas Super Lawyers, and The Best of the Bar.
Mr. Moeller was lead trial counsel, lead appellate counsel, and counsel of record in the U.S. Supreme Court for General Electric Company in the landmark case, General Electric Company v. Litton Business Systems, et al., 715 F. Supp. 949 (W.D. Mo. 1989); aff'd., 920 F.2d 1415 (8th Cir. 1990), cert. denied, 113 S.Ct. 1390 (1991), deemed "the leading case in the country" on certain federal Superfund (NCP) issues by West's Environmental Law and, prior to Key Tronic, the leading case in the country on the recovery of attorney fees under CERCLA.
Mr. Moeller has represented companies in a variety of cases arising under federal and state environmental laws, taking eight Superfund cases to judgment and settling many others. As a former computer programmer, he has also handled litigation involving a variety of computer hardware and software failures, and has handled litigation involving substantial e-discovery, electronic documents and electronic evidence. Mr. Moeller was involved in the Prudential Sales Practices Litigation, handling sales practices and agent cases in Missouri and Kansas, and has handled a variety of employment cases, warranty cases, and general commercial cases.
Mr. Moeller's representative experience:
- In 2009, Mr. Moeller tried and defeated all claims brought against his client in a $34 million case in federal court involving complicated environmental and leasehold claims made by a landfill developer against a quarry operator. Also in 2009, Mr. Moeller briefed, argued, and won a multi-million dollar case in the U.S. Court of Appeals for the Eighth Circuit involving claims brought against a real estate company arising out of an office relocation.
- In 2008, he successfully resolved complex royalty, environmental, and tort claims arising out of a breach and termination of a long term mining lease. Also in 2008, he successfully resolved product liability claims for a major construction material provider arising out of the catastrophic failure of material handling equipment.
- In 2007, for a major national bank, Mr. Moeller completed the successful handling of complex refund and tax claims arising out of the issuance of $450 million in tax-free bonds, using both litigation and pre-litigation mediation to obtain a variety of recoveries and favorable results.
- In 2005, Mr. Moeller completed the successful arbitration of a $200 million multi-party case involving construction claims at a complex industrial facility owned by a major multi-national corporation. A secure web-based repository was used to house 4.3 million documents and coordinate client representatives, experts, and consultants located in a number of cities in different countries. Hundreds of thousands of emails, e-documents, and electronic drawings were produced electronically in native electronic format.
- In 2004, Mr. Moeller successfully resolved a very difficult race discrimination case filed against a Fortune 100 financial institution.
- In 2003, he advised a Fortune 300 chemical company with regard to litigation over alleged extensive groundwater contamination at a chemical manufacturing complex in the Eastern United States. He also defended a Fortune 700 company against a landlord's effort to shift liability for legacy environmental contamination.
- In 2001, Mr. Moeller obtained summary judgment for a Fortune 100 energy company in a case involving alleged PCB contamination in several states from a natural gas pipeline.
- In 1999, he was lead trial counsel in a Los Angeles federal court case involving the failure of 18,000 computer disk drives. The successful trial resulted in a virtually complete recovery for a retailer of the defective drives.
- In 1998, Mr. Moeller was lead trial counsel on behalf of two private corporations in a case tried in St. Louis against the U.S. Government over environmental contamination that the Government generated during World War II. The court allocated 100 percent of the environmental liability to the United States and awarded a declaratory judgment for future costs. From 1998 to 2002, he was also lead trial counsel in several trials involving liability for PCB contamination in a river, a federal Superfund site on the National Priorities List.
- In the late 1990's, Mr. Moeller was lead trial counsel for cost recovery litigation for a PRP group conducting a response at a fuel re-blending facility in the Midwest.
DECISIONS:
- Lead trial counsel in Noblet v. Reproduction Systems, Inc., 133 B.R. 493 (Bankr. W.D. Mo. 1991) (Title VII sexual harassment case tried in Bankruptcy Court)
- Co-counsel in Garnac Grain Co., Inc. v. James B. Judd, et al., 1988 U.S. Dist. LEXIS 9858; 1988 U.S. Dist. LEXIS 10946 (W.D. Mo. 1988) (accounting malpractice defense action of former “Big Eight” accounting firm)
- Lead trial counsel in EEOC v. C.W. Transport, 658 F. Supp. 1278 (W.D. Wisc. 1987) (EEOC employment discrimination class action)
- Co-counsel in McCluney v. Joseph Schiltz Brewing Company, 649 F.2d 578 (8th Cir. 1981), aff’d., 454 U.S. 1071 (1981) (employment contract dispute and “service letter” action)
- Co-counsel in U.S. v. TMI, 662 F.2d 36 (D.D.C. 1981) (employment discrimination litigation under Executive Order No. 11,246)
- Co-counsel in Love v. Fasenmeyer Chevrolet, Inc., 655 S.W.2d 574 (W.D. Mo. Ct. App. 1983) (employment and “service letter” action under Missouri law)
