Business Litigation

Erich V. Vieth:
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Almost thirty years of experience as a trial lawyer and appellate lawyer handling all aspects of complex civil litigation before numerous federal and state trial courts and appellate courts. Experience includes numerous first-chair jury trials and bench trials. Heavy emphasis on legal writing and appellate law.

Current focus is representing large classes of consumers who have suffered damages as a result of a wide variety of unfair acts and business practices, including the illegal practices of predatory lenders.

Pending cases include class actions and class arbitrations against payday lenders, title lenders, debt adjustors and other financial services organizations. Other pending cases involve ERISA, environmental law and gender discrimination. Over the years, litigated cases have involved torts, insurance law, equitable issues, commercial law, the Fair Labor Standards Act, contract disputes and products liability.

Lead brief writer for Missouri Supreme Court case of Huch v. Charter Communications, Inc., 290 S.W.3d 721 (Mo. 2009), voted the Best Appellate Win of 2009 by the readership of Missouri Lawyers Weekly. The Simon Law Firm’s Consumer/Class Action Department was named one of the Most Influential Appellate Lawyers by Missouri Lawyers Weekly in January, 2011.  Has been listed on the Missouri & Kansas Super Lawyers list in 2011.

Experience as an Assistant Attorney General for the State of Missouri included civil and criminal investigation and litigation of consumer and commercial fraud cases, including fraud in the areas of automobile sales and repair, health care fraud, telemarketing fraud, diploma mills, deceptive pricing and bogus charities. Developed several high-profile sting operations, including the creation of a fake college, which led to the successful prosecution a fraudulent accrediting association.

Employment History
6/04 - present Attorney: Simon Law Firm, P.C., St. Louis, Missouri. Consumer/Class Action Department

7/90 to 5/04 Attorney: Holtkamp, Liese, Childress & Schultz, P.C., St. Louis, Missouri (Insurance defense litigation).

7/86 to 7/90 Assistant Attorney General: State of Missouri, Trade Office Division, St. Louis, Missouri (civil and criminal litigation pursuant to the Merchandising Practices Act).

10/81 to 7/86 Attorney: Evans & Dixon, St. Louis, Missouri (Insurance defense litigation).

5/79 to 5/81 Law Clerk: St. Louis County Juvenile Court (Including Rule 13 advocacy).

Education:
1981 J.D., St. Louis University School of Law.
1978 B.A., University of Missouri-St. Louis. Majors: Philosophy and Psychology.  
1995 – 2001 Intensely audited thirty credit hours of courses in the PNP (Cognitive Science) graduate program at Washington University.

Publications:
Chapter 9, Binding Mandatory Arbitration, Missouri Consumer Law & Practice MOBAR CLE Deskbook (December, 2010) (Co-authored with John Campbell). 

Challenging Arbitration Provisions in Consumer Cases, The Missouri Trial Attorney, Summer 2007 (co-authored with John Campbell and Alicia Campbell).

Pharmaceutical Litigation: The Plaintiff’s Overview, Spring, 2005, St. Louis Bar Journal, (Co-authored with John Simon).

Establishing Damages in Cases Involving the Death of a Minor, The Missouri Trial Attorney, Spring, 2005 (co-authored with James P. Lemonds).

Whence Public Policy, Journal of the Missouri Bar, July-Aug. 1996 (co-authored with James Lemonds).

Recent Speaking Engagements:
Served as discussion co-leader for the Ethics and Professionalism Program: Saint Louis University School of Law, March, 2009 and March, 2010.

“Defense of Arbitration Clauses in Consumer Contracts,” August 21, 2009 at the MoBar CLE presentation: Issues, Trends & Perspectives in Commercial Law.

“Use of Experts to Certify Class Actions,” October 27, 2008, a talk at the Class Action Symposium, Consumer Rights Litigation Conference, Portland, Oregon, sponsored by the National Consumer Law Center.

“Drafting the Complaint and Answer,” September 8, 2007, Mortgage Lending Litigation Conference sponsored by the National Association of Consumer Attorneys.

“The Psychology of Persuasion,” a talk exploring the cognitive science of legal argument. June 20, 2006, Trial Practice Seminar, sponsored by the Simon Law Firm, St. Louis, Missouri.

Licenses and Associations:
Licensed in the states of Missouri and Illinois, the United States Supreme Court, the Eighth Circuit Court of Appeals, the federal district courts for the Eastern and Western Districts of Missouri and the Southern District of Illinois.

National Association of Consumer Advocates, Missouri Bar Association, Illinois Bar Association, American Bar Association, Public Justice, Missouri Association of Trial Attorneys, Bar Association of Metropolitan St. Louis.

Miscellaneous:
Martindale-Hubbell Rating: AV

Founder and primary author of Dangerous Intersection, a website focusing on cognitive science and media issues that attracts 250,000 visitors per month.

Musician - Taught private guitar lessons for eight years. Performs music locally (guitar and singing), including sessions at the Tower Grove Farmer’s Market and Schnucks Culinaria, downtown.

Proud bicycle commuter from the Shaw Neighborhood to downtown. Avid photographer. 

Erich resides in the Shaw Neighborhood of the City of St. Louis. Married to Anne Jay, with two daughters, Charlotte (10) and JuJu (12).