J. Toji Calabro

Kansas City - Of Counsel | 816-714-7140 (Direct) | calabro@stuevesiegel.com

Toji Calabro has a proven track record of winning significant results on behalf of individuals and businesses at all stages of litigation, from pre-suit resolutions to successful trials to appellate victories.

Before he joined Stueve Siegel Hanson in 2015, Toji practiced in the New York and San Francisco offices of Quinn Emanuel Urquhart & Sullivan, LLP, where he gained extensive experience representing both plaintiffs and defendants in a broad range of commercial litigation matters including contract disputes, civil RICO actions, complex financial instruments, insurance and reinsurance disputes, product liability cases, employment matters and business torts.

While at Quinn Emanuel, Toji was an integral part of several teams that achieved groundbreaking results. One of the most significant was his work on a confidential, international civil RICO dispute. The team developed such compelling facts and legal arguments that the other side agreed to a nine-figure settlement before the lawsuit was even filed. He was also part of the Quinn Emanuel teams that recovered billions of dollars from financial institutions arising out of their practices concerning the formation and sale of mortgage-backed securities leading up to the 2008 financial crisis. Toji was part of the team that obtained a precedent-setting opinion from the New York Court of Appeals regarding the application of the “follow the fortunes” clauses in reinsurance treaties (USF&G v. American Re, 20 N.Y.3d 407 (2013)), and he was part of other teams that brought vanguard litigation that helped define the roles and responsibilities of various stakeholders concerning the development and operation of collateralized debt obligations.

At Stueve Siegel Hanson, he applies his skills to commercial disputes, class actions, and wage and hour employment litigation, and antitrust litigation, typically in “David vs. Goliath” settings.

In one recent matter, Toji scored a significant victory for a real estate developer in a fraud and civil RICO case against an array of well-funded defendants represented by three of Kansas City’s most prominent law firms. He also prevailed recently in California federal court against AT&T, represented by multiple large national law firms, in an important case on behalf of a handful of technicians who installed and serviced DIRECTV equipment. Toji developed the facts and argued that the technicians were improperly classified as contractors instead of employees – and as a result, improperly denied overtime and other benefits under the Fair Labor Standards Act and California law. The court granted summary judgment to Toji’s clients ruling that the technicians were DIRECTV employees, and awarded substantial damages to each client. Le v. DirecTV , 2017 WL 6939087 (C.D. Cal. Nov. 2, 2017) (currently on appeal).

In addition, Toji is currently representing individuals in several class actions including:

  • A putative class of California technicians in California state court who installed DIRECTV but were improperly classified as independent contractors under California law;
  • Several putative classes of consumers who purchased universal life insurance, alleging that the insurers breached the “cost of insurance” provisions of the policies and converted the policy owners’ funds;
  • A putative class of Missouri consumers suing Nissan, alleging that the design of certain Nissan Altimas and Maximas are defective.

 

  • EXPERIENCE
  • EDUCATION
  • BAR ADMISSIONS

Cases

MBIA Ins. Corp. v. Countrywide Home Loans, et al. - represented plaintiff insurance company in leading RMBS case; secured a ten figure settlement.  The case arose out of allegations that the defendant failed to originate mortgage loans in accordance with its own underwriting standards.

USF&G v. American Re - successfully represented pool of insurance companies in defense of a $400 million reinsurance action; obtained a precedent setting victory in the New York Court of Appeals on the follow the fortunes doctrine.

HDI-Gerling v. Ford Motor Co. - successfully represented insurer in an eight figure complex product liability insurance coverage dispute arbitration; won a unanimous trial victory that the insured’s claims were not covered under the policy and an award for attorneys fees.

Private Equity Dispute – successfully represented plaintiff former members of large private equity firm in suit against the firm; secured an eight figure settlement.

Friskit v. RealNetworks, Inc. – represented RealNetworks in successful defense of $50 million patent infringement action; secured summary judgment at trial and an affirmance in the Circuit Court of Appeals for the Federal Circuit.

House of Europe I v. Wells Fargo successfully represented plaintiff CDO issuer in $200 million action against the CDO’s Trustee and Asset Manager, alleging that the defendants’ breached the CDO’s investment eligibility criteria.

Williams v. Ross - successfully represented prisoner in a § 1983 action alleging that prison guards were deliberately indifferent to the prisoner’s serious medical needs; obtained a five figure settlement.

 

California

New York

Missouri

Stanford Law School, Stanford, California, 2005
J.D.

University of Missouri, 2001

B.S., Finance and Banking

B.A., Philosophy

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