William A. Brasher

Location: St. Louis, Missouri
Phone: 314-621-7700
Fax: 314-768-7010
Email: wbrasher@boylebrasher.com

 

Narrative:

Bill Brasher is a Co-Founder of Boyle Brasher LLC. Prior to entering private practice Bill was General Counsel – Litigation for a Fortune 500 transportation company. Bill is nationally recognized as a trial lawyer, innovator, and counselor. In addition to Bill’s Civil Ligation Practice, representing transportation companies and insurance companies, he also has a significant practice in the area of health law representing numerous major hospitals throughout the country. He has also been recognized as a Top Rated Lawyer in Health Care Law by American Lawyer Media and Martindale-Hubbell. Bill has been recognized as a Go-To attorney in the gaming industry for his representation of the Missouri Gaming Association as well as several gaming companies. Bill is also listed in the Bar Register of Preeminent lawyers in the Country. He has litigated civil jury cases in trials in both federal and state courts in over twenty states. Bill has represented or consulted for his clients in a significant number of appellate matters at both the federal and state level. He has appeared in appeals before the United States Circuit Courts of Appeal, the U.S. Supreme Court and in the intermediate and supreme courts in several states.

Bill has been recognized for over twenty-five years as one of the “Best Lawyers in America” by Woodward & White. He has also been recognized as a “Super Lawyer” in Missouri and Kansas and by St. Louis Magazine as one of St. Louis’ Best Lawyers. He is a Fellow of the Litigation Counsel of America and is a past President and Chairman of the Executive Committee of the National Association of Railroad Trial Counsel where he serves on the Executive Committee. Bill is the originating author of the “Railroad Litigator’s Notebook”, a trial notebook for lawyers who defend railroads. He was also one of the principal authors of the “Federal Preemption” Notebook. For several years Bill has been a faculty member of the National Association of Railroad Trial Counsel’s Trial College. He is also a frequent speaker on a wide range of topics involving the trial of civil actions.

Bill served in the U.S. Army having been a distinguished graduate of the Army’s Officer Training School at Ft. Benning, Georgia. He served as an infantry platoon leader in Vietnam.

Bill and his wife Patricia, also an attorney, enjoy skiing, hiking, cheering on the St. Louis Cardinals and spending time with their sons.

Areas of Practice:

  • Litigation and Appeals
  • Railroad Defense
  • Insurance Defense
  • Health Care Law
  • Gaming Law
  • Trucking Defense
  • Commercial Litigation
  • Employment Law
  • Products Liability
  • Class Action Defense
  • Medical Malpractice Defense
  • Toxic Tort Defense

Bar Admissions:

  • Missouri
  • Illinois
  • Texas
  • Montana
  • Washington
  • U.S. Supreme Court
  • U.S. District Court District of Nebraska
  • U.S. District Court Eastern District of Washington
  • U.S. District Court Southern District of Illinois
  • U.S. District Court Central District of Illinois
  • U.S. District Court District of Montana
  • U.S. District Court Eastern District of Arkansas
  • U.S. District Court Western District of Arkansas
  • U.S. District Court Eastern District of Missouri
  • U.S. District Court Western District of Missouri
  • U.S. Court of Appeals Fifth Circuit
  • U.S. Court of Appeals Seventh Circuit
  • U.S. Court of Appeals Eighth Circuit
  • U.S. Court of Appeals Ninth Circuit
  • Supreme Court of Illinois
  • Supreme Court of Missouri

Education:

  • Southern Methodist University School of Law, Dallas, Texas
    • Juris Doctorate
  • Midwestern University
    • B.A., Bachelor of Arts
    • Major: Business Administration
  • Army’s Officer Training School at Ft. Benning, Georgia

Professional Associations and Memberships:

  • The Missouri Bar Association
  • The Illinois State Bar Association
  • The Texas Bar Association
  • The Montana Bar Association
  • The Washington Bar Association
  • The Litigation Counsel of America, Fellow
  • American Health Lawyers Association
  • Missouri Society of Health Care Attorneys
  • National Association of Railroad Trial Counsel, Past President
  • National Association of Railroad Trial Counsel, Past Chair, Executive Committee
  • National Association of Railroad Trial Counsel, Chair, Preemption Committee
  • National Association of Railroad Trial Counsel, Executive Committee Member
  • Defense Research Institute
  • National Association of Railroad Trial Counsel’s annual Trial College, Member

Honors and Awards:

  • Top Rated Lawyer in Health Care Law by American Lawyer Media
  • Top Rated Lawyer in Health Care Law by Martindale-Hubbel
  • Go-To attorney in the gaming industry for his representation of the Missouri Gaming Association as well as several gaming companies.
  • Listed in the Bar Register of Preeminent lawyers in the Country
  • “Best Lawyers in America” by Woodward & White
  • “Super Lawyer” in Missouri and Kansas
  • One of the St. Louis’ Best Lawyers by St. Louis Magazine

Published Works:

  • Originating Author of the “Railroad Litigator’s Notebook,” a trial notebook for lawyers who defend railroads.
  • Principal Author of the “Federal Preemption” Notebook

Notable Cases:

  • Plaintiff v. Railroad. After five-days of trial in the City of St. Louis beginning on April 1st and ending on April 5th a jury returned a verdict in favor of a Boyle Brasher client being sued for over $1 million dollars.

    Plaintiff, a railroad conductor sued his employer for injuries allegedly sustained in three separate on-the-job incidents. Subsequently, plaintiff underwent a lumbar fusion at L4-L5 with internal fixation and a cervical fusion at C3-C4 with internal fixation and did not return to work.

    The jury was out for approximately two and a half house and returned a verdict of no negligence on all three incidents, finding plaintiff 100% at fault. The jury also found no damages in any of the incidents.

    Bill Brasher handled the defense of this case on behalf of the railroad.

    Plaintiff v. Railroad. After a week-long trial that included a claim for punitive damages which started April 22, 2013 in the Circuit Court of Marion County at Hannibal, Missouri, the jury returned a verdict for our railroad client.

    Plaintiff, age 38, was profoundly injured on March 23, 2007, when he was struck by a train on a bridge in Hannibal, Missouri. The basis for the claim against the railroad was that the train crew should have identified the plaintiff in time to stop or slow the train prior to striking him. Although Plaintiff was called to testify, he was in essence unable to testify given a closed head injury and paralysis that impacted his entire right side which significantly precluded any understandable speech. Plaintiff is mostly confined to a wheel chair but could, with great difficult, ambulate short distances awkwardly and precariously with a quad cane. In addition, plaintiff had bladder and bowel issues, difficulty swallowing and choking issues, painful contractions of his arm and hand, and virtually no use of his right hand, arm and leg. He also sustained fractures of the lumbar and cervical spine, shoulder, clavicle and tibia. Because of his injuries he needs assistance with virtually all activities of daily living including dressing and bathing. The life care plan ranged from $1.8M to $5.6M. Past medical expenses were approximately $460K.

    After two and a half hours of deliberation the jury determined that the railroad client was not at fault and that plaintiff was 100% at fault. Bill Brasher tried the case for the railroad.

    Mr. Brasher successfully defended the railroad in a grade crossing accident involving a train vehicular collision in which a seventeen (17) year-old passenger in the vehicle sustained significant injuries including brain damage. Because of the severity of the injuries and damages which included a life care plan in excess of ten ($10) million dollars was sought. Following a lengthy trial, the jury returned a verdict for the railroad in less than an hour

    Riverboat Casino v. City. Mr. Brasher successfully challenged a city ordinance prohibiting political contributions by casinos or their officers or shareholders as invalid under the state constitution and state campaign finance disclosure law protecting fundamental constitutional rights.

    Hospital Corporation v. County. Atlanta Georgia. Reimbursement for Hospital treatment from County Government. Mr. Brasher represented a national hospital corporation that sought reimbursement from a county government of medical bills incurred by the county for treatment of individuals in custody in the county jail. Boyle Brasher LLC successfully obtained a significant six figure reimbursement for its client from the county. The county had declined responsibility for the prisoner hospital charges. Thorough investigation by Mr. Brasher and aggressive negotiations with a serious threat of litigation prompted the county to negotiate payment.

    Surviving Parents/Wrongful Death Plaintiffs v. Railroad. U.S. District Court Eastern District of Missouri. Early morning trespass by plaintiffs, adult son on the railroad’s right of way. The trespasser was struck and killed by a train. Plaintiffs’ asserted the railroad negligently allowed residents to traverse its tracks, failed to fence the right of way, failed to provide warnings, and failed to patrol the right of way in congested areas. Through aggressive early pre-discovery investigation Mr. Brasher of Boyle Brasher LLC established that the trespasser was intoxicated, that he had been sitting between the rails of the track prior to being struck, and that he had been drinking before the accident at a bar owned by his parents, the plaintiffs. After these facts were disclosed to plaintiffs’ counsel, the case was voluntarily dismissed with prejudice at a very early stage with no payments of any kind by the defendant railroad to plaintiffs.

    Client v. Multiple Excess Insurance Companies. Mr. Brasher was lead counsel in lawsuit against several excess insurance companies on behalf of a corporate client to recover settlements paid to plaintiffs in underlying lawsuits against the corporation. Insurance companies confronted with antitrust and related claims capitulated and settled which resulted in the recovery of approximately $50 million for the client.

    Client v. Multiple Excess Insurance Companies. In another lawsuit filed on behalf of a corporate client to recover payment of monies paid in connection with environmental cleanup costs including problems caused by tenants, Mr. Brasher was successful in recovering millions of dollars from insurers who provided occurrence coverage for such losses but initially denied such claims.

    Client v. Multiple Excess Insurance Companies. Mr. Brasher has also been involved in other excess insurance litigation on behalf of a corporate client in which the client sought to recover monies paid to employees with asbestos and hearing loss claims. These cases resulted in the recovery of very significant sums for the client.

    Multiple Plaintiffs v. Multiple Railroads. Mr. Brasher has been a pioneer in the development of the federal preemption defense in which Mr. Brasher’s clients have been successful in establishing that federal law preempts cases in which a federal statute covers a particular subject matter which forms the basis for plaintiff injury claim, and in which the defendant has complied with the applicable federal law. Plaintiffs’ claims are preempted or precluded. Mr. Brasher has been involved in the development of this defense through his writings and assistance in many cases in which this issue was raised before state and federal courts, including various U.S. Courts of Appeal and the U.S. Supreme Court.

    Corporation v. State Department of Revenue. Mr. Brasher’s corporate client challenged a state’s assessment of taxes, interest and penalties for failure to pay use taxes on certain maintenance equipment used in interstate commerce. Before the Missouri Supreme Court Mr. Brasher successfully argued that the tax was wrongly imposed. The Missouri Supreme Court reversed a ruling against Mr. Brasher’s client, overruled a decision by the Missouri Department of Revenue and ordered that all taxes, interest and penalties be reimbursed to the corporation.

    Plaintiff v. Corporation. Plaintiff’s claim for damages was dismissed for failure to assert a counterclaim against a corporation represented by Mr. Brasher in a prior case involving the same parties. The court reaffirmed that all claims arising our of the same incident must be pursued in the same action. The appellate court affirmed the dismissal of the case against Boyle Brasher LLC’s client.

    Corporation v. Motor Carrier. Corporation sued motor carrier represented by Mr. Brasher for breach of contract and antitrust violations arising out of a failed purchase of a trucking company. Following a two week trial in state court in Indiana, a jury returned a verdict in favor of Mr. Brasher’s client, the motor carrier.

    Plaintiff v. Railroad. Circuit Court of City of St. Louis, Missouri. FELA. Plaintiff sued railroad for hearing loss sustained as a result of noise exposure from train operations. Following a week trial in the City of St. Louis, a jury returned a verdict for Mr. Brasher’s client.

    Corporation v. Elevator Company. Mr. Brasher successfully represented a corporation in arbitration proceeding in which an employee of the client was injured when an elevator suddenly dropped without warning. The elevator manufacturer, which also maintained the elevator, denied liability and the case proceeded to arbitration between a three judge panel which ruled in favor of the corporation.

    Plaintiff v. Railroad. Circuit Court of St. Louis County, Missouri. FELA. Plaintiff sued railroad for knee and back injuries, as well as cancer allegedly caused by exposure to cumulative trauma and diesel exhaust at work. Following a lengthy trial, the jury returned a verdict for the railroad.

    Plaintiff v. Railroad. After five-days of trial in the City of St. Louis beginning on April 1st and ending on April 5th a jury returned a verdict in favor of a Boyle Brasher client being sued for over $1 million dollars.

    Plaintiff, a railroad conductor sued his employer for injuries allegedly sustained in three separate on-the-job incidents. Subsequently, plaintiff underwent a lumbar fusion at L4-L5 with internal fixation and a cervical fusion at C3-C4 with internal fixation and did not return to work.

    The jury was out for approximately two and a half house and returned a verdict of no negligence on all three incidents, finding plaintiff 100% at fault. The jury also found no damages in any of the incidents.

    Bill Brasher handled the defense of this case on behalf of the railroad.

    Plaintiff v. Railroad. After a week-long trial that included a claim for punitive damages which started April 22, 2013 in the Circuit Court of Marion County at Hannibal, Missouri, the jury returned a verdict for our railroad client.

    Plaintiff, age 38, was profoundly injured on March 23, 2007, when he was struck by a train on a bridge in Hannibal, Missouri. The basis for the claim against the railroad was that the train crew should have identified the plaintiff in time to stop or slow the train prior to striking him. Although Plaintiff was called to testify, he was in essence unable to testify given a closed head injury and paralysis that impacted his entire right side which significantly precluded any understandable speech. Plaintiff is mostly confined to a wheel chair but could, with great difficult, ambulate short distances awkwardly and precariously with a quad cane. In addition, plaintiff had bladder and bowel issues, difficulty swallowing and choking issues, painful contractions of his arm and hand, and virtually no use of his right hand, arm and leg. He also sustained fractures of the lumbar and cervical spine, shoulder, clavicle and tibia. Because of his injuries he needs assistance with virtually all activities of daily living including dressing and bathing. The life care plan ranged from $1.8M to $5.6M. Past medical expenses were approximately $460K.

    After two and a half hours of deliberation the jury determined that the railroad client was not at fault and that plaintiff was 100% at fault. Bill Brasher tried the case for the railroad.