Bob Wagner is an experienced litigator defending class actions in state and federal courts around the country.
Bob advises telecommunication companies, retailers, manufacturers, banks, railroads, public transit authorities, governmental entities, electric and agricultural cooperatives, and energy companies. He handles all aspects of the class action litigation process, from the initial responsive pleading through the class action trial.
Through his prolific practice, Bob has litigated class actions in 20 states and argued more than 50 class certification hearings, and participated in more than 100 certification rulings.
Clients turn to Bob for his track record in consumer fraud, product liability, telecommunications, environmental, banking, tax, data privacy, securities, eminent domain and employment law. With approximately 75 percent of his practice involving class actions, the remainder consists of general business litigation cases, resolving disputes between companies and their customers, suppliers, employees and shareholders.
experience
Class Actions
- Secured district court and appellate reversals of more than $200 million in class action jury verdicts.
- Defeated motion to certify Title VII class claims brought against an employer’s criminal background check policy.
- Secured summary judgment and defeated motion for class certification on claims to recoup automotive shop supply fees.
- Assisted with drafting and obtaining court approval of $1 billion class action settlement.
- Secured appellate and trial court victories against class action attacks on a municipal authority to enforce traffic safety laws.
- Defeated a motion to certify a class of property owners whose homes were damaged by overland flooding.
- Defeated a motion to certify a nationwide “junk fax” class action.
- Successfully asserted dilatory and peremptory exceptions on claims brought by 278 individuals in Louisiana state court alleging personal injuries from an outdoor gas main leak.
- Obtained dismissal of class action claims brought by drinking water well owners who failed to allege credible fear that gasoline additive threatened their wells.
- Secured Rule 11 sanctions against a plaintiff’s attorney for filing a frivolous RESPA class action.
State and Federal Appellate Courts
- Secured Eighth Circuit affirmance that a plaintiff lacked Article III standing, later cited by the U.S. Supreme Court to find lack of standing in TransUnion LLC v. Ramirez.
- Obtained Illinois Supreme Court reversal of class certification of alleged personal injury and property damage claims arising from a nearby train derailment.
- Secured appellate affirmance of an ERISA plan administrator’s decision to deny benefits based on reasonable interpretation of plan language.
Creative use of old and new legal doctrines to successfully defend against claims
- Defeated class action fraud and RICO claims based on federal preemption.
- Defeated multiple class actions for failure to plead or prove actual manifestation of alleged product defect.
- Successfully asserted the doctrine of primary jurisdiction to defeat class action against regulated utility.
- Obtained dismissals of numerous class actions based on common law defense of voluntary payment.
- Defeated class action against municipality based on doctrine of substantial compliance.
Professional
- Missouri Bar Association
- The Bar Association of Metropolitan St. Louis
- Illinois State Bar Association
Community
- Provident Behavioral Health, Vice Chair, 2023-2024, Nominating Chair, 2022, Board Member, 2019-Present
- Mary Ryder Home, Vice-President, 2015-2019, Board Member, 2012-2019
- St. Gabriel the Archangel School, President, 2011-2012, Board Member, 2010-2013
Before I became a lawyer, I earned a business degree and worked in accounting and employee benefits administration for a regulated utility. This experience carries over into my law practice, where I enjoy learning about and defending challenged business practices.