Draft:Gary K. Burger

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Gary K. Burger is an American lawyer who specializes in personal injury cases, auto accidents, wrongful death lawsuits, and FLSA claims.

Burger is the founder and principal of Burger Law, an injury law firm with offices in St. Louis, MO, Chicago, IL, Chesterfield, MO, and Belleville, IL. He is licensed to practice in Missouri and Illinois.

Early life and education

Burger is the son of Joan Burger, who served as Circuit Judge for the Twenty-Second Judicial Circuit. Burger was born and raised in St. Louis, Missouri. Burger earned his undergraduate degree from the University of Missouri – Columbia. In 1992 he graduated from Washington University School of Law with a Juris Doctor, earning the law school’s Scholar in Law distinction.[1]

Legal career

In 1992, after graduating from Washington University School of Law, Burger joined the Brasher Law firm as an associate attorney.[2] In 2000, Burger founded Cantor & Burger with Mark Cantor. In 2015, Cantor and Burger parted ways[3] and Burger became the founder and principal of Burger Law, LLC, where he currently practices.

Notable cases

Wrongful death claim against Pam Hupp

In October 2019, Burger filed a wrongful death, fraud, and misrepresentation lawsuit against Pam Hupp on behalf of Margaret Burch, mother of Louis Gumpenberger. Hupp was convicted of killing Gumpenberger in August 2019. Burch was awarded a judgment of $3,000,000 in July 2020.[4] According to Burger, Burch brought the suit so that Hupp would never be able to benefit financially from the murder of Gumpenberger. [5]

Burger filed a motion to garnish Hupp’s prison trust account. In June 2022, Burger Law received a check for $783 from Hupp’s wages from working in prison.[6]

Said Burger, “That's her money. That's not from the state or anybody... We’re taking it from her and we’re going to keep taking it from her.”[7]

While Burger acknowledged that Burch was unlikely to receive $3 million from Hupp, he mentioned that the wrongful death judgment will “deter Hupp from profiting off her criminal actions and, if she ever does, the money will end up in the hands of those who most deserve it.”[8] On March 8, 2022, NBC premiered The Thing About Pam, a 6-episode true crime comedy-drama detailing the murder of Betsy Faria, which Hupp has also been charged with[9]. In a letter, Burger criticized NBC for not sharing any of the profits from the show with Burch and Gumpenberger's child, writing, “This is truly and solely placing profit over people.”[10]

Hootselle v. Missouri Department of Corrections

Hootselle v. Missouri Department of Corrections was a class action lawsuit filed by Gary K. Burger and Burger Law on behalf of Missouri corrections officers who alleged they were not paid for approximately two hours of pre- and post-shift activities[11]. The lawsuit alleged that the Missouri Department of Corrections (MDOC) violated the Fair Labor Standards Act (FLSA) and the Missouri Minimum Wage Law (MMWL) by failing to pay overtime wages to its employees who worked more than 40 hours per week.

The lawsuit claimed that corrections officers were required to perform various work-related tasks before and after their shifts without being compensated for their time.[12]

The lawsuit was certified as a class action, covering more than 13,000 current and former corrections officers who worked for the MDOC between 2007 and 2018[13]. In August 2018, the jury returned a verdict in favor of the corrections officers, awarding them $113,714,632.00 in damages for unpaid wages and liquidated damages. [14]

The state of Missouri appealed the verdict, first to the Western District Court of Appeals[15], who denied the appeal[16], then to the Supreme Court of Missouri[17]. In June 2021, the court affirmed in part and vacated in part the trial court’s judgment, and remanded the case back to the state court for a new trial[18]. The Supreme Court affirmed that the state had no sovereign immunity, that MDOC breached their contract, that significant damages resulted from the breach, and that some of the pre- and post-shift work was compensable. The court sent the case back down to state court to determine whether certain activities were “indispensable” and thus “compensable,” and to recalculate damages.[19]

In October 2022, the court approved a settlement between the state and class members.[20] The officers will receive an estimated $49.5 million in past damages for wages not received. As part of the settlement, the state will also add 15 minutes to each shift for each corrections officer for at least the next 8 years, an estimated $54 million.[21]

The settlement was the second largest plaintiff settlement in Missouri in 2022.[22] Burger Law received $16.5 million from the settlement fund and will receive $1.7 million a year for negotiating the extra 15 minutes of pay. [23]

Jeffrey Rose v. Ferrari North America, INC.

This was a class action lawsuit filed by Burger Law and other law firms against Ferrari North America, Inc, Robert Bosch LLC, and Robert Bosch GmbH for allegedly selling defective brake systems that can cause partial or total brake failure. The lawsuit was filed in December 2021 in the United States District Court for the District of New Jersey, and it covers more than 23,000 Ferrari vehicles sold in the U.S. between 2005 and 2022. The lawsuit claims that the defendants knew or should have known of the brake defect since at least 2015, but failed to inform consumers or recall the vehicles until October 2021 and July 2022. The lawsuit seeks compensatory, actual, treble, punitive, and/or statutory damages for the plaintiffs, as well as injunctive relief to prevent further harm.[24]

A judge dismissed the lawsuit in October 2022.[25]

Awards and distinctions

Burger has earned numerous accolades for his legal work:

  • AV-rated lawyer by LexisNexis and Martindale-Hubbell
  • Recognized Missouri Super Lawyer
  • Million and Multi-Million Dollar Advocate Honor
  • Selected to the Top 100 Trial Lawyers by The National Trial Lawyers
  • Board Certified in Civil Trial Advocacy and Civil Pretrial Practice Advocacy by the National Board of Trial Advocacy
  • Member of Missouri Lawyers Regional Disciplinary Committee
  • Avvo Clients’ Choice Award
  • Board and Executive Committee Member of Legal Services of Eastern Missouri.
  • Serves on the Board of Governors Missouri Association of Trial Attorneys.

In the community

Burger is active in the St. Louis and Missouri legal community. He is a board member for Legal Services of Eastern Missouri[26] and offers continuing legal education courses through Burger Law. Burger was instrumental in getting Mo Rule 15.05 amended[27] to include 2 hours of required continuing legal education “devoted exclusively to professionalism, substance abuse and mental health.”[28]

He is the author of five books on handling personal injury cases. He also hosts the podcast Lawyer v Lawyer, where he discusses law and litigation with a guest attorney.[29]

Charitable work

Burger hosts a monthly “Bikes for Kids” giveaway, where a bicycle is donated to a needy child in the Greater St. Louis area.[30] He also donates to and volunteers with Gateway Pet Guardians, and is usually fostering dogs in this family’s home.

Personal

Burger lives in St. Louis, Missouri with his wife Kristin and their four children. In his free time, Burger is an avid beekeeper and scuba diver.[31] He frequently leads underwater tours of Bonne Terre Mine. [32]

References

  1. ^ Burger, Gary. "Gary Karl Burger Jr". Justia. Retrieved 27 July 2023.
  2. ^ "Gary Karl Burger Jr". Justia Lawyers. Justia. Retrieved 27 July 2023.
  3. ^ Kirn, Jacob (21 November 2016). "St. Louis injury law firm faces $1 million judgment". St. Louis Business Journal. Retrieved 27 July 2023.
  4. ^ Patrick, Robert (20 July 2020). "Mother of Pamela Hupp murder victim wins $3 million judgment". St. Louis Post-Dispatch. Retrieved 27 July 2023.
  5. ^ Young, Brad (29 April 2021). "Tyler Rogoway & Gary Burger" (Interview). KMOX. Retrieved 6 September 2023.
  6. ^ Hayes, Chris (14 July 2022). "Pam Hupp's money intercepted in prison". Fox 2 Now. Retrieved 27 July 2023.
  7. ^ Hayes, Chris (14 July 2022). "Pam Hupp's money intercepted in prison". Fox 2 Now. Retrieved 27 July 2023.
  8. ^ Burger, Gary. "$3 Million Judgment - Son Murdered by Pam Hupp". Burger Law. Retrieved 27 July 2023.
  9. ^ Hayes, Chris (3 November 2022). "Pam Hupp's murder trial in Betsy Faria's death transfers to SW Missouri". Fox 2 Now. Retrieved 27 July 2023.
  10. ^ Patrick, Robert (17 February 2022). "Pam Hupp TV show won't share profits with murder victim, lawyer says". St. Louis Post-Dispatch. Retrieved 27 July 2023.
  11. ^ "Jury: Corrections owes $113 million to officers". News Tribune. 15 August 2018. Retrieved 27 July 2023.
  12. ^ "Jury: Corrections owes $113 million to officers". News Tribune. 15 August 2018. Retrieved 27 July 2023.
  13. ^ "Case Summaries for April 22, 2020". Missouri Courts. Retrieved 27 July 2023.
  14. ^ Robert, Patrick (16 August 2018). "Cole County jury awards Missouri prison guards $113 million in back pay". St. Louis Post-Dispatch. Retrieved 27 July 2023.
  15. ^ "Notice of Appeal, Circuit Court Case Number 12AC-CC00518" (PDF). Burger Law. Retrieved 27 July 2023.
  16. ^ "THOMAS HOOTSELLE, JR., et al., v. MISSOURI DEPARTMENT OF CORRECTIONS" (PDF). Burger Law. Missouri Court of Appeals Western District. Retrieved 27 July 2023.
  17. ^ "Prison guards urge Missouri Supreme Court to uphold $113.7 million verdict". St. Louis Post-Dispatch. 22 April 2020. Retrieved 27 July 2023.
  18. ^ "THOMAS HOOTSELLE, JR., DANIEL DICUS, OLIVER HUFF, Plaintiffs, Individually and on behalf of All others similarly situated v. ANNE PRECYTHE, in her official Capacity as Director of the Department Of Corrections, and MISSOURI DEPARTMENT OF CORRECTIONS" (PDF). Burger Law. Circuit Court for Cole County, State of Missouri 19th Judicial Circuit. Retrieved 27 July 2023.
  19. ^ "THOMAS HOOTSELLE, JR., DANIEL DICUS, OLIVER HUFF, Plaintiffs, Individually and on behalf of All others similarly situated v. ANNE PRECYTHE, in her official Capacity as Director of the Department Of Corrections, and MISSOURI DEPARTMENT OF CORRECTIONS" (PDF). Burger Law. Circuit Court for Cole County, State of Missouri 19th Judicial Circuit. Retrieved 27 July 2023.
  20. ^ "THOMAS HOOTSELLE, JR., DANIEL DICUS, OLIVER HUFF, Plaintiffs, Individually and on behalf of All others similarly situated v. ANNE PRECYTHE, in her official Capacity as Director of the Department Of Corrections, and MISSOURI DEPARTMENT OF CORRECTIONS" (PDF). MO DOC Settlement. Circuit Court for Cole County, State of Missouri 19th Judicial Circuit. Retrieved 27 July 2023.
  21. ^ "Missouri set to pay out $128 million in prison worker overtime case". St. Louis Post-Dispatch. 2 June 2022. Retrieved 27 July 2023.
  22. ^ "Top Verdicts & Settlements 2022: Plaintiff Wins". Missouri Lawyers Media. 9 February 2023. Retrieved 27 July 2023.
  23. ^ "Missouri to spend more than $100M settling pay claims for corrections officers". Missouri Lawyers Media. 2 June 2022. Retrieved 6 September 2023.
  24. ^ "Ferrari class action alleging brake defect dismissed". Top Class Actions. 27 October 2022. Retrieved 27 July 2023.
  25. ^ "Ferrari class action alleging brake defect dismissed". Top Class Actions. 27 October 2022. Retrieved 27 July 2023.
  26. ^ "Board of Directors". Legal Services of Eastern Missouri. Retrieved 27 July 2023.
  27. ^ Misner, Christian. "The Best Coffee You Have Ever Had". The Bar Association of Metropolitan St. louis. Retrieved 27 July 2023.
  28. ^ "153.05 Continuing Legal Education Requirements". Missouri Courts. Retrieved 27 July 2023.
  29. ^ "Lawyer v. Lawyer". Apple. Apple Podcasts. Retrieved 27 July 2023.
  30. ^ "Bikes for Kids". Burger Law. Retrieved 27 July 2023.
  31. ^ "Gary Burger". The Missouri Bar. Retrieved 27 July 2023.
  32. ^ "Gary Burger". Town and Style. Retrieved 6 September 2023.
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