Sample Briefs « Green Jacobson P.C.

Sample Briefs

Here is a small selection of appellate briefs written by Green Jacobson lawyers. Just click on the description of the case to download a PDF copy of the brief.

We think these sample briefs provide a view into the nature of our practice, including both the types of cases we handle and the quality of the work we do. Many of our cases have carved out new legal doctrines or have otherwise led to clarifications or changes in the law, thus improving the lives not only of our clients but of everyone who finds themself facing similar legal issues.

If you would like to see any of our filed briefs in a particular practice area, please do not hesitate to contact us. We’re always happy to share our work if it can be a help to someone.

In re BankAmerica Corp Securities Litigation

In 1998, NationsBank acquired the former BankAmerica in one of the largest bank mergers ever. Green Jacobson, then known as Green Schaaf & Jacobson, was Lead Counsel representing former NationsBank shareholders in a federal class action that claimed that NationsBank had overpaid in the merger because of the failure to disclose a massive hedge fund liability on the former BankAmerica’s books. At the same time our case was pending, however, the Milberg Weiss law firm — then the 800-pound gorilla of securities class actions — filed a state-court class action based on the same claims and started moving directly into settlement talks with the defendants without having taken any discovery. We obtained an injunction against the state-court case proceedings and attempted settlement. This injunction was affirmed by the United States Court of Appeals.

Key to our victory was convincing the courts of a new exception to the federal Anti-Injunction Act.

Our appellees’ brief made the case. Later, after taking more than 100 depositions, we led the settlement of the case for $490 million in cash — at that time, the third largest securities class action settlement in the United States (the largest in cash) and the largest settlement in any court in Missouri.

St. Louis County vs Prestige Travel

While each of our cases is important to the parties involved, some cases have a far broader impact. The appeal in this case addresses a fundamental issue of separation of powers under the Missouri Constitution, namely: Can the Missouri General Assembly prevent the Missouri Supreme Court from reviewing a statute for potential violation of the constitutional prohibitions against retrospective application by declaring in the law that its effect is merely to clarify existing law?

The Missouri Constitution has a number of provisions banning laws with retrospective application.

The particular provision at issue in this case is one that bars the General Assembly from passing any law “releasing or extinguishing, in whole or in part, without consideration, the indebtedness, liability or obligation of any corporation or individual due this state or any county or municipal corporation.” Art. III, Section 39(5) of the Missouri Constitution.

In this case, Green Jacobson represents St. Louis County and the St. Louis Convention and Visitors Commission in their efforts to collect hotel taxes and tourism taxes from a multitude of online travel companies selling hotel rooms in St. Louis to the public over the internet. While the case was pending, the General Assembly passed a bill containing a provision exempting all travel intermediaries from having to pay any hotel tax, tourism tax, or other room tax.