|
Mr. Petite is an Officer in the Litigation Practice Group. He represents clients in general commercial litigation, with an emphasis on intellectual property litigation (trademark, copyright, patent, and trade secrets) and antitrust and trade regulation litigation, both public and private, primarily in the franchise, motor fuel marketing, and health care arenas. As part of Mr. Petite’s intellectual property litigation practice, he frequently litigates computer tampering claims and claims involving the enforceability of restrictive covenants, such as non-compete, non-solicitation, and confidentiality agreements.
In addition, Mr. Petite has extensive experience handling constitutional questions. In successfully defending defamation and privacy claims for media organizations, brokerage firms (Form U-5 filings), health care providers (HCQIA data bank reports), and other defendants, he has frequently litigated First Amendment issues. He has prosecuted First Amendment attacks on state and federal legislation. His constitutional work includes prosecuting Fifth Amendment attacks on a municipality’s exercise of the power of eminent domain, as well as Commerce Clause, Due Process Clause, Supremacy Clause, and Equal Protection Clause challenges to state trade regulation and merchandising practices statutes.
Mr. Petite’s litigation experience also includes defending hospitals and other health care providers in medical staff privileges litigation, which implicates federal and state antitrust law, as well as state contract law and a wide spectrum of state tort law. His work in that area has yielded significant published state and federal court decisions under the federal Health Care Quality Improvement Act of 1986 (HCQIA) and Missouri’s rule of non-review (by which the judiciary generally defers to the quality of care decisions of health care providers), and with respect to the enforceability of medical staff bylaws under state contract law.
Mr. Petite practices in state and federal court, before the United States Patent and Trademark Office and the Trademark Trial and Appeal Board, and in arbitral forums, such as the National Association of Securities Dealers. He has tried bench and jury trials, and arbitration hearings. Mr. Petite has extensive appellate experience, and in addition to briefing issues in a variety of federal and state appellate courts, including the United States Supreme Court, he has presented oral argument to both the Missouri Court of Appeals and the United States Court of Appeals for the Eighth Circuit. Mr. Petite is rated by Martindale-Hubbell.
Education
-
B.A., Boston College, 1989
-
J.D., Washington University, 1993
Practice Group
Areas of Practice
Memberships
-
American Bar Association
-
Missouri Bar Association
-
Illinois Bar Association
-
Bar Association of Metropolitan St. Louis
-
United States District Court, Eastern District of Missouri
-
United States Court of Appeals for the Eighth Circuit
-
United States Court of Appeals for the Third Circuit
-
United States Supreme Court
-
United States Patent and Trademark Office
State Bars
Additional Licenses
-
United States District Court for the Eastern District of Missouri
-
United States Courts of Appeals for the Eighth and Third Circuits
-
United States Supreme Court
Publications
Cases
-
Missouri v. American Blast Fax, Inc., 196 F.Supp. 2d 920 (E.D. Mo. 2002). Defended a fax advertising firm from an action brought by Missouri Attorney General for alleged violations of the Telephone Consumer Protection Act.
-
Ports Petroleum, Inc. of Ohio v. Nixon, 37 S.W.3d 237 (Mo. 2001). Defended petroleum marketer against Missouri Attorney General’s issuance of a Civil Investigative Demand (CID) directed at alleged violations of the Missouri Motor Fuel Marketing Act below-cost pricing prohibition.
-
Misischia v. St. John’s Mercy Medical Center, 30 S.W.3d 848 (Mo.Ct.App. 2000). Defended private hospital from state antitrust and related common law claims for tortious interference with contract, defamation, retaliatory discharge, malicious prosecution, abuse of process and civil conspiracy brought by staff physician who claimed that his medical staff privileges and employment contract were improperly terminated.
-
Sugarbaker v. SSM Health Care, 187 F.3d 853 (8th Cir. 1999). Defended private hospital from federal antitrust and related state law claims for breach of contract, tortious interference with contract, defamation, and intentional and negligent infliction of emotional distress brought by staff physician who claimed that his medical staff privileges were improperly restricted and later terminated.
-
Sugarbaker v. SSM Health Care, 946 S.W.2d 280 (Mo.Ct.App. 1997). Successfully defended private hospital against claim by staff physician seeking to enjoin hospital from reporting peer review action to National Practitioner Data Bank.
-
Parker v. Boyer, 93 F.3d 445 (8th Cir. 1996).Defended local television station against claims brought by subjects of breaking news story for alleged civil rights violations and related state law claims of invasion of privacy.
-
SSM Health Care, Inc. v. Deen, 890 S.W.2d 343 (Mo.Ct.App. 1994). Successfully prosecuted contract claims against, and defended counterclaims for tortious interference with contract brought by, former physician employee.
-
Laser Light Technologies, Inc. v. Brick Markers, Inc., 200 F. Supp. 2d 1093 (E.D. Mo. 2001). Prosecuted patent infringement claim for laser marking company.
|
