Patrick E. Foppe

ATTORNEY AT LAW

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Biography

Patrick E. Foppe practices in civil litigation and represents businesses and insurance companies throughout Illinois and Missouri in both state and federal court. Patrick has successfully tried many cases and favorably resolved hundreds of matters. He has the comprehensive skills to address an extensive array of claims and legal issues. He frequently handles wrongful death and negligence claims involving: complex commercial motor vehicle accidents; negligent hiring, training and supervision; negligent entrustment; contribution and indemnity; punitive damages; class-actions; spoliation; premises/retail liability; products liability; excessive force; personal injury; uninsured and underinsured motorist; subrogation; and toxic torts involving asbestos. Also, he often advises insurance companies on a wide variety of insurance coverage issues and bad faith actions. In addition, he advises transportation companies regarding compliance with the Federal Motor Carrier Safety Regulations. He also regularly handles cargo disputes and transportation-related contract disputes.

Further, Patrick conducts rapid response investigations to serious accidents as leader of Lashly & Baer’s Rapid Response Team, which helps to achieve early evaluations, preservation of evidence, and resolution of claims. He keeps apprised of the fast changing technology involved in vehicular accidents and advises how to properly collect and secure this important data. He leverages his vast experience and knowledge in truck accident lawsuits, which involve special safety regulations, unique industry safety and operational standards, a complex array of insurance issues, more complex crash dynamics and reconstruction issues, and a whole lot more.

Patrick currently is the Secretary for the USLAW NETWORK’s Transportation and Logistics Practice Group. In addition, Patrick serves as First Vice President of the Transportation Lawyers Association’s (TLA) and is currently the Editor of TLA’s legal journal, The Transportation Lawyer. He is also an active member of Defense Research Institute, Inc.’s (DRI) Trucking Law’s Steering Committee and the USLAW Retail Practice Group.

Patrick has an AV Preeminent™ Peer Rating with Martindale-Hubbell.^® Each year since 2010, Patrick has been selected through peer recognition and professional achievements for inclusion in the Missouri & Kansas Super Lawyers, as published by Super Lawyers magazine. In 2021, he received TLA’s “Distinguished Service Award.” He has been recognized numerous times by the Missouri Bar for his pro bono work in the community. Patrick is also a regular author on transportation and retail industry issues and is an invited speaker by many industry groups. Patrick and his wife Kate have seven children.

Representative Clients

American Millennium Insurance Company
Citadel Risk Management, Inc.
Canal Insurance Company
DMC Insurance Company
Dollar Tree, Inc.
Stan Koch & Sons Trucking
UniGroup, Inc.
United Van Lines, LLC
Vanliner Insurance Company
National Interstate Insurance Company
Western Express

Community Service & Awards

Recipient, Transportation Law Association’s 2021 Distinguished Service Award
Honoree, Missouri & Kansas Super Lawyers, 2018 – 2024
Honoree, The Missouri Bar, Pro Bono Wall of Fame, 2011, 2019, and 2020
Founding Director of the National Zip-Out Unused Opioids Foundation, 2018
- The National Zip-Out Unused Opioids Foundation seeks to educate the public on an easy method to responsibly dispose of unused pain medications in compliance with the Federal Food and Drug Administration guidelines and federal law.
Leader, Service Trip to Guyana, South America, April 2015
- Led a group of seven volunteers serving St. John Bosco’s Boys Orphanage and the David Rose School for Disabled Children.
Martindale-Hubbell, AV^® Preeminent^™ Peer Rating
Illinois State Bar Association (ISBA), Standing Committee Judicial Evaluations – Outside Cook County, 2012 – 2016
Honoree, Missouri Lawyers Weekly, Up & Coming Award, 2013
Honoree, Missouri & Kansas Super Lawyers Rising Stars, 2010 – 2017
Coach, Jessup Competitive Moot Court Team, Saint Louis University School of Law, 2005 – 2010

Recent Publications or News

Author, “A Landmark Case and its Implications for the Trucking Industry,” DRI’s For the Defense, November, 2024
Author, “Landmark $462 Million Verdict Against Wabash Trailers Raises Concerns for the Trucking Industry,” Lashly & Baer News Alert, September 13, 2024
Presenter, “Verdicts from the Plaintiff’s Perspective,” USLAW NETWORK, Inc.’s 2024 Transportation Forum, Park City, Utah, July 31, 2024
Co-Author, “Avoiding Traps in Policy Limit Demands & Balancing Liability Excess Insurance Towers,” DRI’s For the Defense, July 2024
Presenter, “Contract Law Meets Truck Accident Litigation,” USLAW NETWORK, Inc.’s Spring 2024 Client Conference, Scottsdale, Arizona, April 19, 2024
Presenter, “The Jenga Effect: Avoiding Pitfalls in Policy Limit Demands and Balancing the Excess Insurance Tower,” DRI’s Trucking Law Seminar, St. Louis, Missouri, April 11, 2024
Presenter, “Violent Events & Privileged Investigations,” Dollar Tree, Inc., Chesapeake, Virginia, March 7, 2024
Co-Author, “Defending Derivative Negligence Claims Against Motor Carriers In Truck Accident Cases,” DRI’s For the Defense, November 2023
Presenter, “The Art and Science of Mediation,” National Interstate Insurance Company’s Bootcamp, Richfield, Ohio, September 12, 2023
Presenter, “Knowing Your Adversary and Taking Control of Litigation Risks,” Transtar Client Seminar, Park City, Utah, July 31, 2023
Presenter, “Wow, Did the Mock Juror Just Say That?,” USLAW NETWORK, Inc.’s 2023 Transportation Forum, Farmington, Pennsylvania, July 26, 2023
Co-Author, “Defending Derivative Negligence Claims Against Motor Carriers,” TLA’s The Transportation Lawyer, July 2023
Program Chair, “DRI’s Trucking Law Essentials Seminar,” Charlotte, North Carolina, June 13-14, 2023
Presenter, “Defending Derivative Negligence Claims Against Motor Carriers,” TLA’s Annual Conference, San Diego, California, April 29, 2023
Presenter, “Three Sides of Trucking Technology,” USLAW NETWORK, Inc.’s 2023 Transportation and Logistics Exchange, Nashville, Tennessee, February 7, 2023
Presenter, “Keys to Knowing Your Adversary,” TLA’s Young Lawyers Committee Webinar, August 18, 2022
Presenter, “Open Forum Q&A,” USLAW NETWORK, Inc.’s 2022 Transportation Forum, Ashville, North Carolina, June 28, 2022
Presenter, “Uninsured and Underinsured Motorist Claims,” Strafford Webinars, May 25, 2022
Presenter, “Taking Control of Litigation Risks by Taking a Page Out of the Plaintiff’s Playbook,” National Interstate Insurance Company’s Client Meeting, San Antonio, Texas, March 25, 2022
Presenter, “Supply Chain Issues Creating Difficulties to Comply with Regulations,” USLAW NETWORK, Inc.’s Spring 2022 Client Conference, March 19, 2022
Co-Chair of the USLAW NETWORK, Inc.’s Transportation Law Exchange, Las Vegas, Nevada, February 11-12, 2022
Presenter, “‘Great Balls of Fire’ – How to Avoid Nuclear Verdicts in Your Trucking Case,” TLA’s Transportation Law Institute, Cleveland, Ohio, November 11, 2021
Presenter, “Transport Law v. Law of the Jungle”, TLA’s Chicago Regional Seminar, Chicago, Illinois, January 21, 2021
Presenter, “FMCSA’s New Crash Preventability Program,” DRI Trucking Law’s Virtual 2020 Conference, November 19, 2020
Presenter, “Missouri’s New Tort Reform on Punitive Damages,” USLAW NETWORK, Inc.’s Fall 2020 Virtual Network Client Conference, October 2, 2020
Lecturer, “Comparative Fault in the Age of Autonomous Vehicle Technology,” USLAW NETWORK, Inc.’s Fall 2020 Virtual Network Client Conference, October 2, 2020
Presenter, “Is Trucking Litigation on a Crash Course with Products Liability Law,” Arkansas Virtual Trucking Conference, September 17, 2020
Author, “Missouri’s New Tort Reform on Punitive Damages that Should Significantly Assist in Defending Truck Accident Cases,” Lashly & Baer News Alert, July 2, 2020
Author, “A Background and Overview of FMCSA’s New Crash Preventability Determination Program,” TLA’s The Transportation Lawyer, July 2020
Author, “A Hard Road to Toll: Imposing Vicarious Liability Against Non- Motor Carriers Under the Federal Motor Safety Regulations,” USLAW NETWORK, Inc.’s Magazine, Spring 2020
Presenter, “Hot Topics Facing Motor Carriers in 2020,” TLA’s Chicago Seminar, January 24, 2020
Author, “Ensure Your Trucking Company’s Safety Representative Holds Up to Direct and Cross-Examination at Trial,” DRI’s “For the Defense” Magazine, December 2019
Presenter, “Winning the Golden Hour,” TLA Webinar, October 9, 2019
Author, “Handling Preventability Determinations in Trucking Accidents Cases,” DRI’s “In Transit,” July 12, 2019
Presenter, “Winning Strategies for Ensuring that Your Trucking Company’s Safety Representative Holds Up on Direct and Cross-Examination,” DRI’s 2019 Trucking Primer, Nashville, Tennessee, June 26, 2019
Presenter, “The ‘New’ Standard of Care – Technology & Technology on its Head,” USLAW NETWORK, Inc.’s Spring 2019 Network Client Conference, Nashville, Tennessee, March 30, 2019
Presenter, “Challenging Plaintiffs’ Use of Federal Regulations to Bolster Negligence Claims,” DRI’s Transportation Committee Webinar, March 13, 2019
Presenter, “Good Golly, Miss Molly – New Strategies and Approaches to the ‘Oldies’,” USLAW NETWORK, Inc.’s – Transportation and Logistics Exchange, Las Vegas, Nevada, February 22, 2019
Presenter, “Legal Developments in Transportation Litigation,” Cottingham & Butler’s client meeting, Dubuque, Iowa, October 1, 2018
Author, “Precluding Discovery of Preventability Determinations in Trucking Accidents,” Journal of Transportation Management, Summer-Fall 2018
Presenter, “Avoiding the Crisis Created Long Before the Accident – Legal and Litigation Issues with Employee Handbooks and Training Manuals,” Arkansas Trucking Conference, September 20, 2019
Presenter, “Derivative Negligence Claims against Motor Carrier,” Strafford Webinars, August 22, 2018
Presenter, “Protecting the Crisis Management From Discovery: Addressing Requests For Post-Accident Investigation Materials And Preventability Determinations During Litigation,” USLAW Spring Conference, Scottsdale, Arizona, April 7, 2018
Author, “Precluding Discovery of Preventability Determinations in Trucking Accidents Under 49 U.S.C. § 504(f),” DRI’s “The Voice,” December 20, 2017
Presenter, “Motor Carrier Claims for Negligent Entrustment,” Strafford Webinars, August 16, 2017
Presenter, “Marijuana and the Employer – Navigating the Evolving Risk Landscape,” CLM & Business Insurance Retail, Restaurant, & Hospitality Conference, Dallas, Texas, February 24, 2017
Presenter, “Now What? Managing Catastrophes,” Vanliner Insurance Company, St. Charles, Missouri, February 10, 2017
Author, “Handing Marijuana Issues in Your Trucking Case,” DRI’s “For the Defense” Magazine, April 2016
Presenter, “Truck Drivers and Pot Heads: Can the Two Ever Be Friends?” DRI’s Trucking Law Conference, Chicago, Illinois, April 14, 2016
Author, “Defending Against Attempts to Impose Liability through the Broad Definitions under 49 C.F.R. § 390.5,” TLA’s The Transportation Lawyer, December 2015
Author, “Defending Motor Carriers Performing Oversize Load and Heavy Haul Operations,” USLAW NETWORK, Inc. Magazine, Fall 2015
Author, “Curtailing Plaintiffs’ Efforts to Broaden Motor Carrier Liability Through the Broad Definitions Under FMCSR Section 390.5,” DRI’s E-Forum, April 12, 2015
Author, “New House Bill Seeks to Reform FMCSA’s CSA Scores,” DRI’s E-Forum, April 6, 2015
Author, “FMCSA Releases Crash Weighting Analysis and Seeks Public Input,” DRI’s E-Forum and USLAW NETWORK, Inc.’s Transportation E-Brief, January 25, 2015
Author, “New Eavesdropping Restrictions in Illinois,” USLAW NETWORK, Inc.’s Transportation E-Brief, January 25, 2015
Author, “2014 News from the FMCSA and a Look Down the Road,” DRI’s “For The Defense” Magazine, December 2014
Author, “FMCSA Curtails Driver Vehicle Inspection Reports,” USLAW NETWORK, Inc. Transportation E-Brief, December 10, 2014
Author, “FMCSA Seeks Public Comment Regarding Revising Minimum Levels of Financial Responsibility of Commercial Carriers,” DRI’s E-Forum, December 10, 2014
Author, “Missouri Court of Appeals Holds that Missouri’s Statutory Caps on Punitive Damages Do Not Apply in Wrongful Death Cases,” DRI’s E-Forum, June 30, 2014
Author, “FMCSA Initiates Rulemaking Process to Update the Financial Responsibility of Commercial Carriers,” DRI’s E-Forum, May 14, 2014
Presenter, “Understanding the Plaintiff’s Playbook in Trucking Cases and Being Proactive Against It,” National Interstate Insurance Company’s Client Meeting, Amelia Islands, Florida, May 10, 2014
Presenter, “Navigating Through the Litigation Minefield and Combating Plaintiff’s Game Plan,” Cottingham & Butler’s client meeting, Dubuque, Iowa, May 9, 2014
Presenter, “Unique Challenges in Handling Claims Against Heavy Haulers and Carriers of Oversize Loads,” TLA’s 2014 Annual Conference, Tampa, Florida
Author, “FMCSA Announces Proposed Rule For Electronic Logging Devices,” DRI’s E-Forum, March 17, 2014
Author, “FMCSA Finalizes Rule to Shut Down Carriers based on Patterns of Safety Violations and Proposes New Rule for National Drug and Alcohol Testing Clearinghouse,” DRI’s E-Forum, February 13, 2014
Author, “FMCSA Issues One-Year Extension of Paper Medical Certificate Requirement for Commercial Bus and Truck Drivers,” DRI’s E-Forum, January 22, 2014
Co-Author, “Application of the Federal Motor Carrier Safety Regulations Upon Private Motor Carriers – Are You Aware of the Risks?,” USLAW NETWORK, Inc.’s Magazine, Spring-Summer 2014
Author, “Illinois Bans Using Handled Cell Phones While Driving,” DRI’s E-Forum, October 8, 2013
Co-Author, “New Missouri Law Requires Uninsured Motorists to Forfeit Recovery of Noneconomic Damages Under Certain Circumstances,” USLAW NETWORK, Inc.’s Transportation E-Brief, September 13, 2013
Co-Author, “Federal Appeals Court Upholds Most New Hours of Service Rules,” USLAW NETWORK, Inc.’s Transportation E-Brief, August 6, 2013
Interviewee, “$7 million settlement – Man settles claims against co-workers in accident,” Missouri Lawyers Weekly, June 17, 2013
Co-Author, “Missouri Appellate Court Allows Imputed Liability Claims Against Employer Even After Admitting Agency When Punitive Damages Are At Issue,” Transportation E-Brief, March 29, 2013
Co-Author, “Missouri Courts Examining Possible Exceptions to When a Plaintiff Can Pursue Other Imputed Theories of Liability Against an Employer Even after Respondeat Superior Liability is Admitted,” USLAW NETWORK, Inc.’s Transportation E-Brief, January 18, 2013
Co-Author, “Illinois Appellate Court Allows Evidence of Plaintiff’s Lack of Health Insurance,” USLAW NETWORK, Inc.’s Transportation E-Brief, June 18, 2012
Interview, “Hot Button Issues – Transportation Regulations,” Ladue News, February 10, 2012
Co-Author, “U.S. Department of Transportation Announces New Regulations Reducing the Maximum Allowable Hours Truck Drivers May Drive,” USLAW NETWORK, Inc.’s Transportation E-Brief, January, 27, 2012
Co-Author, “Compendium of Trucking Verdicts in Missouri from 2000 to 2011,” Trucking Industry Defense Association (TIDA), June 2011
Co-Author, “Injuries to Unauthorized Passengers in Trucking Accidents Pose Unique Issues,” USLAW NETWORK, Inc.’s Magazine, Spring-Summer 2011
Interviewee, “Multi-Million Dollar Settlements,” Chicago Lawyer, October 1, 2010
Co-Author, “U.S. Department of Transportation Issues Final Rule Revising Drug Testing Procedures,” USLAW NETWORK, Inc.’s Transportation E-Brief, August 17, 2010
Co-Author, “Federal Motor Carrier Safety Administration Pursues Permanent Ban on Texting for Commercial Truck Drivers,” USLAW NETWORK, Inc.’s Transportation E-Brief, April 25, 2010
Interviewee, “Rock of Love Bus’ Suit Settles For $16 Million,” The Madison County and St. Clair County Record, October 15, 2009
Co-Author, “10th Circuit Court of Appeals Aligns Itself With The Majority of Appellate Circuits on an Important MCS-90 Issues,” USLAW NETWORK, Inc.’s Transportation E-Brief, September 10, 2009
Co-Author, “Theft Claims on The Rise in the Transportation Industry, But Remedial Measures Pose Challenges,” USLAW NETWORK, Inc.’s Transportation E-Brief, June 1, 2009
Co-Author, “FMCSA Toughens Safety Requirements for New Commercial Truck and Bus Companies,” USLAW NETWORK, Inc.’s Transportation E-Brief, January 19, 2009
Co-Author, “Federal Motor Carrier Safety Administration Makes No Change in Hours of Service Rule,” USLAW NETWORK, Inc.’s Transportation E-Brief, December 8, 2008
Interviewee, “Class Action Against World’s Largest Diamond Miner Certified in Madison County,” The Madison County and St. Clair County Record, July 27, 2005

Representative Cases or Transactions

Atain Specialty Insurance Company v. Dollar Tree Stores, Inc., et al., 4:24-cv-00787-CDP (Eastern District of Missouri, 2024) (granting motion to dismiss on coverage case seeking a declaratory judgment)
Zurich American Insurance Co., et al. v. Tedros Lakew, et al., 4:20-cv-00763-FJG (Western District of Missouri, 2023) (granting motion for summary judgment on bad faith and equitable subrogation claims)
Zurich American Insurance Co., et al. v. Tedros Lakew, et al., 4:20-cv-00763-FJG (Western District of Missouri, 2022) (granting motion for dismissal of breach of duty of good faith and fair dealing claim against secondary insurer)
Hogan Logistics, Inc. v. Davis Transfer Company, Inc., 4:16-cv-01541-CAS (Eastern District of Missouri, 2019) (trial)
Walters v. Schwan’s Food Services, Inc., 17CG-CC00014 (Cape Girardeau County, Missouri) (granting summary judgment on issue of punitive damages)
Haley v. Westfreight Systems, Inc., et al., 15-cv-01161-JPG-SCW, 2016 WL 5394389 (U.S. Southern Dist. IL 2016) (granting motion to strike punitive damages)
Harbison v. Rich Gullet & Sons, Inc., et al., 4:13-CV-1138-SPM, 2015 WL 1602611 (U.S. Eastern Dist. Mo. 2015) (granting motion to dismiss)
Harbison v. Rich Gullet & Sons, Inc., et al., 4:13-CV-1138-SPM, 2014 WL 5483569 (U.S. Eastern Dist. Mo. 2015) (granting motion for application of foreign law)
Hudson v. Wheeler, et al., 1216-CV22106 (Jackson County, Mo., 2013) (granting judgment on the pleadings)
Penfold v. Martin Transportation Systems, Inc., 10SL-AC22268 (St. Louis County, Mo., 2012) (granting directed verdict)
Holt v. Galemmo, et al., 11SO-CV00643 (Stoddard County, Mo., 2012) (favorable settlement)
Keller v. Feinerman, et al., 2011 WL 1519384 (U.S. Southern Dist. of Ill., 2011) (pro bono case)
Murphy v. Safeco Ins. Co. of Illinois, 2010 WL 1268034 (U.S. Eastern Dist. of Ill., 2010) (trial)
Heard v. Metro Moving & Storage, Co., 09SLSC00472 (St. Louis County, Mo., 2009) (defense verdict)
James v. Express Medical Transport, Inc., 0722CC09197 (St. Louis City, Mo. 2009) (granting motion for summary judgment)
Holland v. Muscle Relocation, Inc., 04CV746895 (Scott County, Mo., 2008) (granting motion for summary judgment)
Monke v. General Medicine, P.C., et al., 2008 WL 904734 (U.S. Southern Dist. of Ill., 2008) (granting motion to dismiss)
Johns v. Saint-Gobain Abrasives, Inc., et al., 22032-01197 (St. Louis City, Mo. 2007) (granting motion for summary judgment)
Schuette v. Saint-Gobain Abrasives, Inc., et al., 22032-00537 (St. Louis City, Mo. 2007) (granting motion for summary judgment)
Woodson v. The Dow Chemical Co., et al., 052-09415 (St. Louis City, Mo. 2006) (voluntarily dismissed)
Null et al. v. De Beers, et al., 05-516-MJR (U.S. Southern Dist. of Ill, 2005) (removal of a multi-million dollar class action)
Siemens v. Energy Systems Group, et al., 04-MR-39 (Wayne County, Ill., 2005) (granting motion for summary judgment)
Ratermann et al. v. Tri-County Electric Coop., 02-L-67 (Marion County, Ill. 2005) (granting motion for summary judgment)

My Team

Administrative Assistant:
Lisa Corley
lcorley@lashlybaer.com
314-335-1079

Practice Areas

Transportation
Insurance Coverage
Retail and Premises
Litigation

Bar Admissions

U.S. District Court, Western District of Missouri, 2009
U.S. District Court, Eastern District of Missouri, 2005
U.S. District Court, Southern District of Illinois, 2004
U.S. District Court, Central District of Illinois, 2018
Supreme Court of Missouri, 2005
Supreme Court of Illinois, 2004

Education

Saint Louis University School of Law, St. Louis, Missouri
- J.D., 2004
Saint Louis University
- B.S.B.A, summa cum laude, 2001

Professional Associations

USLAW NETWORK, Inc.
- Secretary for the Transportation and Logistics Practice Group, 2023 – Present
- Education Coordinator for the Transportation and Logistics Practice Group, 2022 – 2023
- Retail Practice Group
Defense Research Institute, Inc. (DRI)
- Trucking Law Executive Committee, 2012 – Present
  - Program Chair of DRI’s “2023 Trucking Litigation Essentials Seminar,” Charlotte, North Carolina, June 14, 2023
  - Chair of Publications, 2017 – 2021
  - Chair of the Regulatory/Government Affairs Special Litigation Group, 2012 – 2016, 2021 – 2023
  - Co-Chair of Regulatory/Government Affairs Special Litigation Group, 2020
  - Coordinator of all the Special Litigation Groups, 2015 – 2016
- Insurance Law Committee
- Product Liability Committee
- Commercial Litigation Committee
Transportation Lawyers Association (TLA)
- First Vice President, 2023 – Present
- Second Vice President, 2023
- Treasurer/Secretary, 2023
- Co-Chair – Membership and Recruiting Committee, 2015 – 2023
- Co-Chair – Federal Regulations Committee, 2020 – 2023
- Representative-at-Large, Executive Committee, 2016 – 2018
- Casualty Litigation Committee
- Motor Carrier Transportation Committee
American Bar Association (ABA)
- Transportation Section
Illinois State Bar Association (ISBA)
- Standing Committee Judicial Evaluations – Outside Cook County, 2012 – 2016
Bar Association of Metropolitan St. Louis (BAMSL)
St. Clair County Bar Association