Practices

Nicole S. Zellweger

Partner

DIRECT CONTACT
314.719.3082
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ST. LOUIS OFFICE
7700 Forsyth Blvd., Suite 1100
St. Louis, MO 63105

Recognitions Articles/Presentations overview

Nicole is a member of the firm’s Business Litigation Division, where she concentrates her practice in civil and commercial litigation. Previously with Blumenfeld, Kaplan & Sandweiss, she has represented a wide array of businesses and individuals in both litigation and arbitration. For the last several years, Nicole has specialized in franchise and distribution law, representing both franchisors and franchisees in various disputes between each other and also third parties, including pre- and post-termination obligations. Additionally, Nicole has experience in winning and defending injunction actions in this area and other fields, including employment litigation. Nicole has also had success in appeals before the Missouri Court of Appeals and the Eighth Circuit Court of Appeals.

Nicole is also a member of the firm's Property Tax Issues and Valuation Appeals group, which assists clients with all aspects of their property tax issues, including those property owners interested in appealing their property tax assessments. Nicole has successfully appealed the appraised value of commercial and residential property for owners in the City of St. Louis, St. Louis County and St. Charles County.

Representative Experience

Trial Court Experience:

Represented franchisor with multi-state franchisees in various enforcement actions.
Successfully prosecuted commercial landlord-tenant actions in St. Louis County.
Successfully represented individual in trial in St. Louis County Circuit Court involving various causes of action and counterclaims.
Represented healthcare company and principals in case that ultimately settled involving breach of contract and equitable relief in St. Louis County Circuit Court.
Successfully represented operator in breach of contract trial in St. Louis City Circuit Court.

District Court Experience:

Represented a New York company in a construction case involving a five-day federal jury trial.
Represented an international manufacturing company in case involving claim that company was a franchisor under Missouri law and failed to comply with relevant termination statute.
Successfully defeated claim for injunctive relief on behalf of franchisee in federal district court. Noodles Development, LP v. Ninth Street Partners, LLP, 507 F.Supp.2d 1030 (E.D. Mo. 2007).
Successfully opposed transfer of state case to federal court. Vinson Mortg. Services, Inc. v. Precision 1 Marketing, Inc., 2008 WL 2817137 (E.D. Mo. 2008).

Arbitration Experience:

Successfully represented a franchisee in a complex breach of contract counterclaim against a franchisor and defeated a claim by the franchisor for damages and an injunction to terminate the franchisee and enforce a non-competition provision.
Successfully prosecuted claims by franchisors in arbitration proceedings.
Successfully defended numerous home builders in arbitration proceedings administered through AAA.

Reported Appellate Court Experience:

In re Chervitz Trust, 198 S.W.3d 658 (Mo. Ct. App. ED 2006) (Successfully upheld trial court decision related to trust construction).
Trinity Products, Inc. v. Burgess Steel, LLC, 486 F.3d 325 (8th Cir. 2007) (Successfully reversed federal district court summary judgment order).
Lee v. Investors Title Co., 241 S.W.3d 366 (Mo. Ct. App. ED 2007) (Successfully upheld summary judgment on merits and reversed as to failure to award attorneys' fees).

Education

Washington University, J.D., 2004
Order of the Coif

Yale University, M.A., 2001

University of Georgia, A.B., magna cum laude, 1999

Of Note

Nicole represented Washington University in Pace University’s Environmental Moot Court Competition, advancing to the semi-finals and winning the award for “Best Appellant Brief,” which was published in Pace Environmental Law Review. In addition, she received national recognition for her performance in the ABA Negotiation Competition. During law school, Nicole clerked at the U.S. Attorney’s Office, Eastern District of Missouri – Civil Division.

Community Involvement

Habitat for Humanity

Bar Admissions

Kansas, 2011
Missouri, 2004
Illinois, 2005
United States District Court, Eastern District of Missouri
United States District Court, Western District of Missouri
Eighth Circuit Court of Appeals

Professional Affiliations

American Bar Association

Franchise Forum
Litigation
Young Lawyers Division

The Missouri Bar
Bar Association of Metropolitan St. Louis
St. Louis County Bar Association