John D. Comerford

John Comerford handles all phases of complex, high-exposure business litigation, employment discrimination defense and corporate internal investigations. He represents and counsels Fortune 500 companies, senior-level executives and government employees.

John is a first chair trial lawyer. He tries cases to verdict in state and federal courts and through any appeals. His clients include major electronic equipment suppliers, healthcare providers, large retailers, energy companies, and business owners and executives.

John also represents individuals and corporations facing government investigations, including cases involving the U.S. Attorney’s Office, the Defense Criminal Investigative Service and the EPA. He counsels clients under investigation for corporate mismanagement, mortgage fraud, bank fraud and contractor fraud, as well as alleged violations of the False Claims Act and state and federal environmental regulations.

Prior to his legal career, John was an officer in the U.S. Navy for more than seven years. He completed a tour of duty with a Navy air reconnaissance squadron, serving as mission commander during sensitive reconnaissance operations focusing on countries in the Western Pacific and Arabian Gulf areas. He then served in the White House Military Office as a watch officer and deputy director of the Presidential Emergency Operations Center in the East Wing of the White House. During law school, John worked full time as a civilian policy analyst in the Office of the Secretary of Defense and was a senior staff member of The Georgetown Journal of Legal Ethics.

John is active with The BackStoppers and with veterans’ issues. He has been selected by his peers for inclusion in The 25th Edition of The Best Lawyers in America© and in the 2018 Missouri & Kansas Super Lawyers list.

Representative Trial Experience

• In November of 2015, Mr. Comerford served as first chair in obtaining a unanimous defense verdict from a St. Louis County jury in favor of Missouri Baptist Medical Center on a plaintiff’s claim of retaliation in violation of the Missouri Human Rights Act. The case was tried over two and a half weeks. Mr. Comerford earlier won summary judgment for Missouri Baptist on the plaintiff’s claim for race discrimination, and won summary judgment on all claims against the corporate parent of Missouri Baptist. The case is Jeffrey Carter, M.D. v. Missouri Baptist Medical Center, et al.
• In December of 2012, Mr. Comerford served as second chair in a federal jury trial in the case of Automation Service v. Emerson Process Management, et al. Mr. Comerford represented Emerson and its subsidiaries in a wide ranging dispute brought by a re-manufacturer of Emerson process control equipment. The plaintiff’s claims were resolved in Emerson’s favor at the dismissal and summary judgment stages. The jury ruled for Emerson on its counterclaims and awarded over $5.4 million in damages.
• Mr. Comerford served as second chair in a $280 million multi-week case in the Delaware Chancery Court. The case, Olson v. Viking Global Investors, was a dispute between the founders of a hedge fund and a departing member. The Chancery Court ruled in favor of Mr. Comerford’s clients and rejected the plaintiff’s claims in full. Mr. Comerford’s first chair trial experience includes the case of Herschel, et al. v. Nixon, et al. Mr. Comerford’s clients were Administrative Law Judges for the State of Missouri.

Representative Appellate Experience

Mr. Comerford has presented oral argument in the United States Court of Appeals for the Eighth Circuit and the Missouri Court of Appeals for the Eastern, Western and Southern Districts of Missouri, including the following:

• In 2016, Mr. Comerford argued on behalf of BJC Healthcare and Missouri Baptist Medical Center in the Missouri Court of Appeals for the Eastern District in the matter of Jeffrey Carter, M.D. v. Missouri Baptist Medical Center, et al. The appellate court affirmed summary judgment in favor of Mr. Comerford’s clients on the plaintiff’s claim for race discrimination under the Missouri Human Rights Act.
• In September, 2012, Mr. Comerford argued on behalf of Anheuser-Busch in the United States Court of Appeals for the Eighth Circuit in the matter of Robert D. Carr v. Anheuser-Busch Companies, Inc. The Eighth Circuit affirmed summary judgment in favor of Anheuser-Busch and rejected the plaintiff’s claim for ERISA benefits under an Anheuser-Busch severance plan.
• In January, 2010, Mr. Comerford argued on behalf of HRI Properties and its subsidiary, Mermart, LLC, in the United States Court of Appeals for the Eighth Circuit. The case, Dubinsky et al. v. Mermart LLC, involved a dispute brought by subordinate bondholders over the refinancing and redevelopment of a historic structure in the Washington Avenue Loft District of downtown St. Louis. The Eighth Circuit affirmed dismissal in favor of Mermart and rejected the plaintiffs’ claims for breach of contract, unjust enrichment, negligence, and fraudulent misrepresentation.

Representative Investigation and White Collar Experience

• Mr. Comerford represented a major defense contractor in an investigation by the United States Attorney’s Office and the Defense Criminal Investigative Service into allegations of improper billing and false claims. The matter was abandoned by the Government after an extensive investigation.
• Mr. Comerford represented a large agricultural company in an investigation by the United States Attorney’s Office and the Environmental Protection Agency into allegations of Clean Water Act violations.
• Mr. Comerford has represented a variety of individuals and corporations in investigations involving allegations of corporate mismanagement, mortgage fraud, band fraud and contractor fraud, as well as violations of the False Claims Act and environmental regulations.