PRACTICE AREAS

Antitrust

Appellate Practice

Business Litigation

William E. Quirk chairs the Firm's Appellate Practice Group. He has 33 years total experience and has been concentrating on appellate practice for 20 years.

Mr. Quirk represents businesses and individuals at both the state and federal appellate levels who want to either preserve or overturn a trial court judgment. He uses his keen understanding of the difference between trial and appellate advocacy, which is that arguments are made to judges instead of jurors and typically involve application of the law rather than determination of fact. His familiarity with this and other appellate procedures, and his knowledge of appellate courts and what they expect, makes him invaluable to his clients.

Mr. Quirk attributes 90% of the road to success in appellate practice to choosing the issues to raise and present and the other 10% to oral argument, which requires a familiarity with appellate procedure and the record of the case, an ability to answer difficult questions on the spot, and an ability to make a legal argument rather than an emotional jury appeal.

DISTINCTIONS

Mr. Quirk has been recognized as a Missouri/Kansas Super Lawyer: 2005-2007

Listed in The Best Lawyers in America for Appellate Law: 2007-2009

Mr. Quirk was selected for inclusion in Missouri & Kansas Super Lawyers 2008 for Appellate Law

COMMUNITY AND BAR INVOLVEMENT

The Missouri Bar

Supreme Court of Missouri Appellate Practice Committee

United States Supreme Court Bar, Member

Kansas City Metropolitan Bar Association

Appellate Court Committee Chairman (1987, 1997, 2000)

NOTABLE EXPERIENCE

Selected cases briefed and argued:

State ex rel. Parsons v. Board of Police Commissioners. (Missouri Court of Appeals). Successfully represented respondent in challenge to its internal personnel policies. Appeal dismissed.

Doran v. Eckold. (United States Court of Appeals for the Eighth Circuit en banc 2005). Retained by appellant after unsuccessful trial and appeal from $2 million adverse judgment. Obtained rehearing en banc and presented en banc oral argument. Judgment reversed and judgment directed for client in 8-4 opinion. Reported at 409 F.3d 258.

Moore v. City of Parkville (Missouri Court of Appeals 2005). Represented respondent on zoning issue. Judgment affirmed. Reported at 156 S.W.3d 384.

Crumpley-Patterson v. Trinity Lutheran Hospital (United States Court of Appeals for the Eighth Circuit 2004). Represented appellee on appeal in negligence action. Judgment affirmed. Reported at 388 F.3d 588.

Vaughters v. Blue Cross & Blue Shield of Kansas City (Missouri Court of Appeals 2004). Represented defendant-appellant in appeal from judgment in excess of $5 million in breach of contract and breach of fiduciary relationship suit. Court reversed $2.5 million punitive damages award. Case settled and opinion withdrawn.

Doebele v. Sprint Communications (10th Circuit 2003). Represented in effort to keep summary judgment in employment discrimination case where plaintiff argued disputed facts precluded such a judgment and instead required a trial. Judgment affirmed in part and reversed in part. Reported at 342 F.3d 1117.

Jenkins v. KLT (United States Court of Appeals for the Eighth Circuit 2002). Represented appellee in appeal from breach of employment contract judgment in its favor. Judgment affirmed. Reported at 308 F.3d 850.

Physician #3491 v. North Kansas City Hospital (Missouri Court of Appeals 2001). Represented respondent in appeal on medical privileges revocation issue. Judgment affirmed. Reported at 51 S.W.3d 101.

Labatt Brewing Co., Ltd. v. Zurich Ins. Co. (New York Supreme Court, Appellate Division 2001). Represented appellee insurance in coverage dispute. Judgment affirmed. Reported at 281 A.D.2d 363, 723 N.Y.2d 17.

Davolt v. O'Reilly Automotive, Inc. (United States Court of Appeals for the Eighth Circuit 2000). Represented appellant employer and ERISA plan administrator in medical coverage dispute with employee/beneficiary; obtained reversal on appeal and entry of judgment in defendant's favor. Reported at 206 F.3d 806.

Sanders, L.P. v. Twin Oaks Investors (Kansas Court of Appeals 1998). Retained on appeal to represent appellant in appeal from adverse interpretation of real estate lease. The trial court judgment was reversed, and the state supreme court denied review. Unpublished opinion.

Transit Casualty Co. v. Selective Ins. Co., (United States Court of Appeals for the Eighth Circuit 1998). Represented appellant reinsurer against an insolvent insurance company in a reinsurance contract dispute. The Court reversed the judgment in part, allowing the client to take claimed offsets against the insolvent insurer. Reported at 137 F.3d 540.

Bowman v. Western Auto (United States Court of Appeals for the Eighth Circuit 1993). Obtained reversal for appellant after obtaining 28 U.S.C. § 1292(b) certification on appeal in civil RICO action brought by employee; judgment entered for client on appeal. Reported at 985 F.2d 383.

Daewoo v. Western Auto (United States Court of Appeals for the Eighth Circuit 1992). Represented appellee in upholding judgment in its favor in contract dispute. Reported at 975 F.2d 474.

Bates v. American Polled Hereford Association (Missouri Court of Appeals, Western District (1993). Obtained reversal on behalf of client of trial court ruling in original proceeding in mandamus. Reported at 863 S.W.2d 350.

Selected cases either briefed in total, or with principal briefing and supervisory responsibility:

H&R Block v. America Online, Inc. (Missouri Court of Appeals 2004). Successfully represented respondent on appeal. $20 million verdict affirmed in full. Reported at 148 S.W.3d 878.

Central Telecommunications v. TCI Cablevision (United States Court of Appeals for the Eighth Circuit). Successfully represented appellee on appeal. $35 million judgment affirmed in full. Reported at 800 F.2d 711.

Anuhco v. Westinghouse (Missouri Court of Appeals 1994). Represented plaintiff-respondent on appeal. $70 million verdict affirmed. Reported at 883 S.W.2d 910.

Kansas v. UtiliCorp United, Inc. (U.S. Supreme Court 1990). Represented State of Missouri (principal responsibility for successful certiorari petition and all briefing.). Judgment affirmed in 5-4 decision. Reported at 497 U.S. 199.

PUBLICATIONS AND PRESENTATIONS

1989

Practice Before the United States Court of Appeals for the Eighth Circuit

Missouri Appellate Practice and Extraordinary Remedies, Fourth Edition

EDUCATION

J.D., Georgetown University, 1975

B.A., University of Pennsylvania, 1972

BAR ADMISSIONS

Missouri, 1975