Patrick E. Foppe

ATTORNEY AT LAW 

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 Transportation and Logistics Practice Group. In addition, Patrick serves as Second Vice President of the Transportation Lawyers Association (TLA). He is also an active member of Defense Research Institute, Inc.’s (DRI) Trucking Committee’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
  • 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, 2019, 2020, 2021, 2022, and 2023
  • 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

  • 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,” July 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

      • 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:
        Whitney Logan-Campbell
        wlogan-campbell@lashlybaer.com
        314-335-1015

        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)
          • Second Vice President, 2023 – Present
          • Treasurer/Secretary, 2023
          • Co-Chair – Membership and Recruiting Committee, 2015 – 2023
          • Co-Chair – Federal Regulations Committee, 2020 – Present
          • 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

                            Employment History

                            • Lashly & Baer, P.C.
                              Member, 2013 – Present
                              Associate, 2008 – 2013
                            • Heyl, Royster, Voelker & Allen
                              Associate 2003 – 2004
                              Law Clerk 2004 – 2008
                            award

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                            Call: 314-621-2939

                            Fax: 314-621-6844

                            ILLINOIS OFFICE

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                            Belleville, IL 62220

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                            Call: 618-233-5587
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