Emmett's Experience

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Barsky v. Experian Information Solutions, Inc.

Eastern District of Missouri

Trial court granted judgment on the pleadings in Experian’s favor.  The plaintiff alleged that Experian had violated the federal Fair Credit Reporting Act (FCRA) by reporting “stale” debts on which the statute of limitations for collections had supposedly expired.

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  • Represented an affiliate of a top-20 national bank in actions brought against the affiliate by a state worker’s compensation board. Emmett drafted the motion to dismiss in the first-filed case which induced the worker’s compensation board to settle on terms favorable to Emmett’s client.
  • Represented a top-five national bank in a series of cases stemming from the 2008 financial crisis.
  • Won dismissal of a securities class-action against a major manufacturing corporation and its CEO and CFO. The case arose from an accounting restatement that had caused the company’s stock price to drop dramatically. Emmett argued that the misconduct of a single low-level employee had necessitated the restatement and that the employee’s guilty state-of-mind—or scienter—should not be imputed to the company or its CEO and CFO. Emmett was the lead author of the successful briefs.
  • Represented a client, convicted of murder in 1998, who sought exoneration based on the results of new DNA testing. The case involved multiple rounds of briefing before both the Ohio Ninth District Court of Appeals and the Ohio Supreme Court.
  • Emmett defended a major health care provider in a qui tam action brought under the federal and Indiana False Claims Acts. The case, in which Emmett drafted numerous briefs, was resolved on terms favorable to the client.
  • Secured complete forgiveness of hundreds of thousands of dollars in National Health Service Corps scholarship debt owed by client to the Health Resources and Services Administration.  Client was granted the scholarship on the condition that he serve as an NHSC dentist for a set number of years but was unable to complete dental school due to a troubling health diagnosis.