Departments

Phone: 816.218.1290

Erin E. Lary

Associate
Erin E. Lary focuses her practice on civil litigation and appeals. She has a broad range of litigation experience in both federal and state courts involving automotive products liability actions, insurance coverage/bad faith, premises liability, personal injury, civil rights and employment. Ms. Lary’s trial experience includes the successful defense of employers in discrimination claims, personal injury actions, and wrongful death. Her appellate experience includes representing clients before Missouri appellate courts and before the United States Court of Appeals for the Eighth Circuit.  Ms. Lary also served as law clerk for the Honorable Duane Benton, United States Court of Appeals for the Eighth Circuit from 2004 to 2005.

Memberships and Affiliations

  • Missouri Bar Association

Distinctions

  • Law Clerk for The Honorable Duane Benton, United States Court of Appeals, Eighth Circuit, 2004-2005

Experience

  • Second chaired week-long jury trial resulting in complete defense verdict involving claims of gender discrimination and retaliation under Missouri Human Rights Act. Murray v. Southwest Missouri Drug Task Force, et al., Barry County, Missouri Circuit Court (2009)
  • Briefed and won motion to dismiss billboard company’s civil rights action against city for diminished market share and lost profits based on city’s alleged preferential treatment to billboard company’s competitors. Olympus Media/Missouri L.L.C. v. City of Lake Ozark, Missouri, U.S. District Court W.D.Mo. (2009)
  • Obtained summary judgment in favor of deputy sheriff where plaintiff alleged claims of constitutional failure to protect and invasion of privacy. Briefed and argued appeal before the Eighth Circuit Court of Appeals (decision pending). Dodd v. Thorn, et al., U.S. District Court W.D.Mo. (2009)
  • Briefed, argued and obtained dismissal of all claims in Camden County Circuit Court on behalf of individual board members of regional planning commission. Successfully handled appeal upholding dismissal for failure to state a claim, despite multiple amended petitions
    Camden County v. Lake of the Ozarks Council of Local Gov’ts, 282 S.W.3d 850, 853 (Mo. App. S.D. 2009)
  • Obtained defense verdict in six-day jury trial on behalf of deputy sheriff involving claims of excessive force and wrongful death.  Kuyper v. Loe, Lawrence County, Missouri Circuit Court (2008)
  • Briefed and won summary judgment in product liability action on behalf of table saw manufacturer based on challenge to plaintiff’s expert witnesses
    Gallatin v. Delta Intern. Machinery Corp., U.S. District Court W.D. Mo. (2007)
  • Obtained summary judgment on behalf of insurer in coverage action with claims of bad faith failure to defend and vexatious refusal to indemnify. Burgess v. American Family Mutual Insurance, U.S. District Court W.D. Mo. (2007)
  • Successfully defended national automotive manufacturer in products liability actions filed in Missouri and Kansas. Claims settled favorably for client before trial
  • Counseled employers with regard to employment policies and procedures. Evaluated and settled claims against employers before litigation

Publications & Presentations

2009
Missouri Bar Labor & Employment Law Symposium
2004
Missouri Insurance Practice, 5th Ed.
Contributing author with J. Emmett Logan