More than 25 years experience representing clients in a wide array of disputes involving complex legal issues, including contracts and business torts, employment discrimination and civil rights, insurance coverage, ERISA, receiverships, director and officer liability, class actions, federal preemption and intellectual property. Prepared briefs and argued cases before various federal and state appellate courts, including submission of amicus briefs. Experienced in the development and implementation of discovery and motion strategies and case management techniques for complex litigation.
- Obtained discretionary transfer to state supreme court and briefed appeal that reversed dismissal of client's claim for inverse condemnation and recognized right of property owner to sue for "condemnation blight" arising from stalled redevelopment plan.
- Handled appeal successfully defending quarry's special use permit against municipal challenge.
- Briefed and argued successful post-trial motion and appeal overturning $250,000 award of punitive damages against client accused of wrongful detention and arrest.
- Filed amicus brief and obtained state supreme court ruling that not-for-profit corporations have the same right as for-profit corporations to use restrictive covenants to prevent unfair competition by former employees.
- Obtained summary judgment for client organization and executives accused of conspiracy in real estate transaction; briefed and argued successful appeal upholding result.
- Obtained state supreme court ruling recognizing setoff rights against insurance receiver, thereby sparing client from further losses to insolvent insurer.
- Obtained federal appeals court decision upholding summary judgment for national waste company against claim of disability discrimination.
- Briefed successful federal appeal upholding client's ERISA benefits determination.
- Briefed and argued successful state supreme court challenge to retroactive legislation as unconstitutional impairment of vested rights.
- Obtained summary judgment for national manufacturer in action by union members alleging ERISA, RICO and other claims; briefed and argued successful federal appeal upholding favorable result.
- Developed and implemented dispositive and evidentiary motion strategy for test case in multi-party franchise dispute with national tax preparation firm; case ultimately resolved by payment of $270 million to sixteen clients.
- Prepared trial court and appellate briefing for big three automaker accused of "covering up" alleged product defect in lawsuit brought by two former employees; case ended with award of summary judgment and sanctions in client's favor.
- Briefed federal appeal for national health insurance carrier in case involving alleged improper disclosure of medical records; briefing prompted favorable settlement vacating adverse decision prior to oral argument.
Mr. Sellers also was a Law Clerk to The Honorable Joseph E. Stevens, Jr., United States District Court for the Western District of Missouri.
