BELLEVILLE – Raymond Fournie, former asbestos defense chief for Armstrong Teasdale, claims his partners broke an agreement to pay him $1 million last year for working a transitional position after being forced to retire at age 70.
Fournie filed a lawsuit in St. Clair County Circuit Court alleging he kept his side of the bargain by signing his asbestos practice over to partners David Braswell, Patrick Rasche, and Richard Scheff.
Rasche answered the lawsuit by moving to compel arbitration and Armstrong Teasdale answered by challenging St. Clair County jurisdiction.
Tom Keefe of Belleville sued the firm and the partners on behalf of Fournie in May.
Keefe alleged breach of contract and fraud against Armstrong Teasdale.
He alleged breach of fiduciary duty, interference with business expectancy, and interference with contract against Rasche, Braswell and Scheff.
“Members of Armstrong Teasdale’s asbestos practice have managed and disposed of more than 15,000 cases in Southern Illinois,” he wrote.
Keefe claimed Fournie, Rasche, Braswell and Scheff were members of an executive committee.
He claimed their agreement as equity partners required Fournie to retire on Dec. 31, 2021, as the last day of the year he would turn 70.
He claimed the agreement allowed a request for an additional year of equity partnership, and Fournie presented a request to the executive committee on Feb. 15, 2021.
A committee member allegedly advised Fournie later that week that they rejected his request.
Keefe claimed the member asked if Fournie would be open to a partnership retirement agreement, and Fournie responded that he would.
He claimed the committee proposed an agreement for 2022 on March 26, 2021.
The agreement required Fournie “to perform certain actions to transition his client relationships.”
The committee allegedly left the salary line blank, and Fournie conferred with Rasche and committee member Timothy Gearin about it.
Fournie proposed a salary of $1,250,000 on May 5.
Keefe claimed Rasche stated on May 17 that the committee rejected the salary, and on May 18 the committee sent an agreement for $1 million.
Fournie signed the agreement on May 24 and proceeded to perform the activities it specified.
Keefe claimed the partners represented to Fournie that his interest and employment would continue through 2022.
However, he claimed they “intended to orchestrate an executive committee vote that would reject plaintiff’s continued interest and employment.”
Keefe added that the defendants intended to induce Fournie to remain through 2021 and “encourage asbestos group members and clients to remain at Armstrong Teasdale.”
He claimed they caused Fournie “to wind up and sign over his asbestos practice under the false pretense of continued employment.”
Rasche allegedly told Fournie on June 25 that the committee wouldn’t go through with it, and his employment and partnership would terminate on Dec. 31.
Chief Judge Andrew Gleeson assigned Circuit Judge Heinz Rudolf to preside over the case.
In July, Rasche moved to compel arbitration.
His counsel, Troy Bozarth of Hepler Broom in Edwardsville, stated the partnership agreement and the alleged employment agreement required binding arbitration of all claims.
He argued that if there was any uncertainty over whether claims against Rache were within the scope of arbitration, “that uncertainty should be resolved by the arbitrator.”
On Aug. 18, on behalf of Armstrong Teasdale, Bozarth moved to dismiss Fournie’s complaint for lack of personal jurisdiction.
“Armstrong Teasdale is not at home in Illinois,” he wrote.
“Armstrong Teasdale’s contacts with the state of Illinois are only a fraction of its total business worldwide,” he added.
Bozarth claimed the firm has 336 attorneys as equity partners or employees at offices in California, Colorado, Delaware, Florida, Illinois, Massachusetts, Missouri, Nevada, New Jersey, New York, Pennsylvania, Utah, and the District of Columbia.
He claimed it has 169 Missouri offices, 25 in Chicago, and two in Edwardsville.
He added that it is registered in Missouri and has its principal office in St. Louis.
“Plaintiff does not allege that Armstrong Teasdale breached the contract in Illinois or that Armstrong Teasdale committed any alleged fraud in Illinois,” he wrote.
Bozarth claimed Fournie resided in Missouri and worked primarily out of St. Louis.
Rudolf set a status conference for Oct. 12.