Mr. McCourt concentrates his practice in the area of complex business litigation. He has represented defendant corporations in Uniform Commercial Code (UCC), Telephone Consumer Protection Act (TCPA), Fair Debt Collection Practices Act (FDCPA), tax, and securities fraud class actions, and has represented both plaintiffs and defendants in securities and commodities fraud claims. He has represented corporations in commercial contract and business tort litigation. Mr. McCourt has litigated close corporation, partnership and LLC member disputes, and litigation arising out of acquisitions, mergers, and asset purchases. He has negotiated and litigated executive employment agreements, including stock option grants, indemnity provisions, and non-compete clauses. He has represented commercial borrowers in work outs and lender liability claims, and in litigation involving complex derivative instruments. Mr. McCourt also has experience in litigation involving shareholder derivative claims, tax, insurance coverage, insurance insolvency, and the Employee Retirement Income Security Act (ERISA).
In addition, Mr. McCourt has drafted and negotiated commercial contracts in a wide variety of settings, including a trading software licensing agreement for a London-based energy futures consultancy, a dissolution agreement for a Chicago-based real estate development partnership, and a restructuring agreement providing for the spin-off of a real estate valuation business from a larger New York-based real estate management company.
Recent Representative Matters
State ex Rel. General Credit Acceptance Company, LLC, v. The Honorable David L. Vincent, III, No. SC97175 (Mo. banc April 2, 2019).
Successfully petitioned the Missouri Supreme Court for a writ of prohibition ordering the circuit court to vacate its certification of a class action of more than 5,000 plaintiffs, where the class was grossly overbroad, and where the sole named representative was not typical. On appeal the Missouri Supreme Court held that consumers – more than 87% of the class – who had final judgments entered against them in deficiency actions were precluded from participation in a class, as were consumers who had their debts extinguished in bankruptcy without disclosing their claims against the defendant. The decision is likely to have a profound impact on consumer class actions in Missouri.
Intl. Environmental Management v. United Corporate Services, Inc., 858 F.3d 1121 (8th Circuit, May 26, 2017). Successfully argued an appeal in the 8th Circuit, which reversed the dismissal of a claim for breach of fiduciary duty against a former registered agent for a $10-million default judgment.
Williams v. Employers Mutual Casualty Company, et al. (U.S. Dist. Ct., E.D. Mo. 2015), aff’d, (8th Cir. 2017) Defeated an $85-million equitable garnishment action by the judgment creditor class against the judgment debtor’s insurer, through a motion for judgment on the pleadings successfully invoking the insurer’s absolute pollution policy exclusion.
General Credit Acceptance Corporation v. Deaver (Circuit Court of St. Louis County, Mo., 2016)
Repeatedly defeated efforts to certify a class action counterclaim by debtors seeking more than $100 million for alleged violation of the pre-sale notice provisions of the Uniform Commercial Code.
International Environmental Management, Inc. v. CT Corporation System (U.S. Dist. Ct., W.D. Mo., 2015)
Represented plaintiff corporation in a lawsuit against its registered agent arising out of a $10 million default judgment. Secured a very favorable settlement after obtaining a ruling on summary judgment invalidating defendant’s limitation of liability contractual defense.
Fun Services, Inc., of Kansas City v. Love (Circuit Court of Jackson County, Mo., 2015)
Defeated repeated efforts by plaintiff to recertify a decertified class in a TCPA case, resulting in a reduction in potential liability of more than 99.9 percent.
Kimble v. Jefferson City Missouri, et al. (U.S. Dist. Ct., W.D. Mo. 2013)
Successfully represented 35 Missouri municipalities in a telecom tax class action, defeating the class action on summary judgment. Chosen by co-counsel as a spokesman for the larger group of all Missouri municipal defendants for oral argument on the motion.
Academic Honors and Activities
Phi Beta Kappa