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Peter W. Herzog III

Partner

, Bryan Cave LLP
St. Louis

Tel

1 314 259 2353

Fax

1 314 552 8353
pwherzog@bryancave.com
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Peter  Herzog has successfully defended more than 100 consumer class actions against companies like Ford Motor Company, Mercedes-Benz, Chrysler, and Michelin in trial and appellate courts across the country. Mr. Herzog was one of the trial lawyers who successfully represented Ford Motor Company in a six-week jury trial against a certified class in St. Clair County, Illinois in 2004. He was also one of the trial lawyers who represented Ford Motor Company in a 12-week trial against a certified class in Sacramento, California in 2007.

Representative Experience

  • Robinson v. American Honda Motor Co., 551 F.3d 218 (4th Cir. 2009) (affirming Rule 12 dismissal of proposed nationwide class action)
  • Howard Morris & Robert Matlosz v. Mercedes-Benz USA, LLC, Nos. BER-L-2592-07 & BER-L-441-08 (N.J. Law. Div. Jan 2, 2009) (summary judgment against named plaintiffs in proposed nationwide class action)
  • Phillips v. Ford Motor Company, No. 99-L-1041 (Madison County, Illinois Circuit Court 2007) (decertification of certified nationwide class)
  • In re Ford Explorer Cases, JCCP Nos. 4266 and 4270 (Sacramento, California Superior Court 2007)(12-week trial against certified California class that settled just before closing arguments)
  • In re 2005 United States Grand Prix Litig., 489 F.3d 316 (7th Cir. 2007) (affirming Rule 12 dismissal of all claims on behalf of proposed nationwide class)
  • Thiedemann v. Mercedes-Benz USA, LLC, 183 N.J. 234 (2005) (seminal New Jersey decision on ascertainable loss in consumer fraud actions—affirmed summary judgment in favor of Mercedes-Benz)
  • Dabush v. Mercedes-Benz USA, LLC, 874 A.2d 1110 (App. Div. 2005) (affirming summary judgment in favor of Mercedes-Benz based on plaintiff’s inability to prove ascertainable loss)
  • St. Clair County & City of Centreville v. Ford Motor Company, No. 03-L-115 (St. Clair County, Illinois Circuit Court 2004) (six-week jury trial resulting in defense verdict against certified Illinois class)

Professional Affiliations

  • Missouri Bar Association

  • Massachusetts Bar Association

  • American Bar Association

Practice Specific Experience

Appellate
Product Liability

Education

  • Washington University, J.D., 1985

  • Washington University, B.A., 1982

Admissions

  • Missouri, 1987
  • Massachusetts, 1985
  • United States Courts of Appeals for the First, Seventh, Eighth and Ninth Circuits

  • United States District Courts for the District of Massachusetts and Eastern District of Missouri

 
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