Elizabeth Carver focuses her practice on appellate litigation in federal and state courts. She has handled appeals in a wide variety of substantive areas, including employment, class action, product liability, breach of contract, and insurance matters. She has argued cases before the Eighth Circuit, the Federal Circuit, the Missouri Supreme Court, and the Eastern and Western Districts of the Missouri Court of Appeals and is a member of the Appellate Section of the American Bar Association. Ms. Carver has prepared amicus briefs on behalf of National Public Radio and the Product Liability Advisory Council, and has worked on a number of interlocutory appeal and extraordinary writ matters. She served as law clerk to the Hon. Floyd R. Gibson of the United States Court of Appeals for the Eighth Circuit from 1984 to 1986. In 1993-94 she spent a year in Kuwait preparing claims against Iraq on behalf of the State of Kuwait, filed with the United Nations Compensation Commission.

Select Representations

• First National Bank v. Ricon, 311 S.W.3d 857 (Mo. App. 2010), reversal of judgment totaling almost $800,000 in actual and punitive damages and attorney’s fees in favor of Bank’s former customer on slander-of-title claim
• Koch Development Co. v. Clarendon America Insurance Co., 313 Fed. Appx. 928, 2009 WL 438224 (8th Cir. 2009), affirmance of summary judgment in favor of insurer in equitable garnishment action
• Union Pacific Railroad v. Vickers, 2009 Ark. 259, 308 S.W.3d 573 (Ark. 2009), reversal of decision certifying plaintiff class of persons who had settled claims arising from train-crossing accidents; plaintiffs alleged that Union Pacific claims representatives had engaged in the unauthorized practice of law in obtaining settlements
• Boever v. Special School District of St. Louis County, 296 S.W.3d 487 (Mo. App. 2009), affirmance of dismissal, on grounds of immunity, of negligence claims against school district, teacher, and teacher’s aides
• State ex rel. Coca-Cola Co. v. Nixon, 249 S.W.3d 855 (Mo. banc 2008), authored brief for Product Liability Advisory Council, Inc. as amicus curiae in successful writ action reversing decision certifying plaintiff class in consumer class action against Coca-Cola Co.
• First Union National Bank v. Pictet Overseas Trust Corp., Ltd., 477 F.3d 616 (8th Cir. 2007), reversal of summary judgment awarding in excess of $2 million to plaintiff, a dissenting shareholder, on breach of fiduciary duty claim against corporate trustee
• Hess v. Chase Manhattan Bank USA, N.A., 220 S.W.3d 758 (Mo. banc 2007), obtained transfer to Missouri Supreme Court of Court of Appeals’ opinion holding that amendment to Missouri consumer statute could be applied retroactively to parties’ real estate transaction; Supreme Court held that punitive damages provision of amended statute could not be applied retroactively
• Federer v. Gephardt, 363 F.3d 754 (8th Cir. 2004), affirmance of summary judgment in favor of Congressman Richard Gephardt on civil rights claims brought by former campaign opponent
• Duncan v. General Motors Corp., 300 F.3d 928 (8th Cir. 2002), outright reversal of $1 million judgment on sexual harassment and constructive discharge claims
• Clearly Canadian Beverage Corp. v. American Winery, Inc., 257 F.3d 880 (8th Cir. 2001), affirmance of $2.6 million judgment in promissory note/breach of contract case
• Knights of Ku Klux Klan v. Curators of University of Missouri, 203 F.3d 1085 (8th Cir. 2000), filed amicus brief for National Public Radio; position espoused in brief was adopted in Court’s opinion dismissing Klan’s claim alleging infringement of First Amendment rights
• Stuart v. General Motors Corp., 217 F.3d 621 (8th Cir. 2000), affirmance of summary judgment in sexual harassment case
• Buettner v. Arch Coal Sales Co., Inc., 216 F.3d 707 (8th Cir. 2000), affirmance of summary judgment in sexual discrimination and Equal Pay Act claims

Bar and Court Admissions

Missouri, 1985

United States Supreme Court

United States Courts of Appeals for the Federal, Third, Fifth, Sixth, Seventh, Eighth, Ninth and Eleventh Circuits

United States District Courts for the Eastern District of Missouri, Southern District of Illinois and Western District of Arkansas

Education

College of William and Mary, J.D., Order of the Coif, 1984

University of Notre Dame, B.A., with honors, 1981