James L. Moeller
Mr. Moeller has over 35 years of experience trying complex cases, 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. He believes the best trial lawyers get the best settlements. 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. He holds the AV Preeminent rating. Client service is a core value with Mr. Moeller, who was among just 318 lawyers nationwide to receive a BTI Client Service All-Star Award in 2011.
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 in the context of various complex insurance, business, and other considerations.
As a former computer programmer, Mr. Moeller has also handled litigation involving a variety of computer hardware and software failures, and he has a vibrant e-discovery practice, handling dozens of matters with substantial e-discovery components. Mr. Moeller has managed e-discovery in a number of large and complex cases, taken e-discovery compliance depositions, briefed and won e-discovery rulings, and prepared and produced technical and e-discovery expert witnesses.
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 2016, Mr. Moeller tried a complex two-week construction arbitration involving steel fabrication and installation issues at an electrical generating facility, successfully defending the fabricator against a multi-million dollar claim by enforcing a contractual limitation of liability.
- In 2015, representing three leading New York investment banks, Mr. Moeller successfully handled an $80+ million claim arising out of a public stock offering and involving more than 100 million pages of email and electronic documents.
- In 2014, on behalf of one of the world's largest privately held multinational agricultural and industrial product suppliers, Mr. Moeller successfully resolved an arbitration involving a complex coal and gas pricing formula dispute arising under a long-term energy supply contract.
- In 2013, Mr. Moeller successfully represented a large financial institution in managing e-discovery and other third-party discovery obligations arising out of class actions filed in New York and California.
- In 2011, Mr. Moeller successfully defended three parallel law suits brought by residents and a local governmental unit against a major construction materials provider, seeking to shut down blasting and mining in a suburban underground limestone mine.
- In 2010, Mr. Moeller produced a $35+ million recovery in an action brought by a company against certain directors and officers for waste and mismanagement. Also in 2010, Mr. Moeller successfully defended an architectural copyright case with substantial insurance and e-discovery issues.
- 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. He also briefed, argued, and won a multimillion-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.
- In 1991, Mr. Moeller was 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).
- In 1987, Mr. Moeller was lead trial counsel in EEOC v. C.W. Transport, 658 F. Supp. 1278 (W.D. Wisc. 1987) (EEOC employment discrimination class action).
- U.S. Supreme Court
- Supreme Court of Missouri
- U.S. Circuit Courts of Appeals for the Sixth, Eighth, Tenth and D.C. Circuits
- U.S. District Court for the Western District of Missouri, Eastern District of Missouri, District of Kansas, District of Arizona and Western District of Michigan
- Selected among The Best Lawyers in America®, 2012-2018 and multiple prior years
- Selected for Missouri Super Lawyers, 2010-2017and multiple prior years
- Order of the Coif, Member - Missouri Law Review, Curator's Scholar
- Martindale-Hubbell® "AV Preeminent" Rating
- Named a BTI Client Service All-Star in the first (2011) class of All-Stars named - one of 318 attorneys nationwide who were recognized for superior client service
- Casteel Scholar, Guy Thompson Prize
- Phi Beta Kappa, Pi Sigma Alpha, University Scholar
- Schaperkoetter Scholar, Kinney Scholar
- Member, Board of Directors, Junior Achievement, 2005 to 2009
- President, 1994-1996 and 1998-2000, Vice President, 1990-1993, and Trustee, 1988-2001, Kansas City Public Library District
- Member, American Bar Association (Litigation and Environmental Sections) and Missouri Bar Association
- Vice Chair, Federal Court Committee
- Member, Technology Committee, Kansas City Bar Association
- Founder and Chair of Organizing Committee, First Tuesday - Kansas City, an Internet and e-commerce networking group
- Co-author, Model Order Has Import Beyond Patent Cases, National Law Journal, January 30, 2012
- Co-author, Model Order Limiting E-Discovery has Implications in more than Just Patent Cases, InsideCounsel, December 6, 2011
- November 9, 2017
- August 15, 2017
- August 16, 2016
- October 14, 2013
- August 15, 2013
- October 15, 2012
- August 22, 2012
- November 1, 2011
- August 30, 2011
- February 16, 2011
- October 13, 2010
- August 6, 2010
- September 18, 2009
2345 Grand Blvd.Suite 2200Kansas City, MO 64108
University of Missouri-Columbia School of Law, J.D., cum laude, 1978
University of Missouri-Columbia, A.B., magna cum laude, 1975