Don M Downing

Practice Areas

Agricultural Litigation

Class Actions & Mass Torts

Commercial Litigation

Product Liability

Career

Don’s tireless advocacy and negotiating skills have resulted in verdicts and settlements of over $3 billion on behalf of many thousands of injured persons and businesses.

Don has over thirty-seven years of experience representing interests of his clients. Don’s practice has focused on complex commercial litigation, including class actions and mass tort actions. He has been appointed to executive committees and as lead and co-lead plaintiffs’ counsel to represent injured parties against large companies alleged to have engaged in consumer fraud, health care overcharges, and selling defective products. A native of Kennett, Missouri, Don grew up around farming. He also has fought for farmers and others in the agricultural industry in cases involving defective seed, market disruption based on premature release of genetically modified seed, herbicide drift resulting in crop loss, and government mistakes in loan program payments.

Don also is highly experienced in individual disputes, including fraud, breach of contract, negligence, securities, antitrust, and professional malpractice. After clerking for a federal judge, Don began his legal career at a large defense firm, where he was managing partner of its St. Louis office. He understands defense thinking and business concerns, valuable assets when advising and advocating for clients injured in commercial dealings. Don also served as Deputy Attorney General for the State of Missouri, placing him in the front row of policy disputes and governmental issues. He succeeded in having the photo ID requirement declared unconstitutional in Missouri (Weinschenk v. State of Missouri) and can navigate regulatory and administrative challenges.

Don has been consistently recognized as among the top litigators in this state and the country, receiving numerous prestigious awards. He has also been honored by, and elected to leadership positions in, numerous organizations including such influential positions as Chair of the University of Missouri’s Board of Curators.

Don earned a degree in economics from the University of Missouri in 1979 (cum laude), and a law degree from the University of Missouri School of Law in 1982, where he served as an editor on the Missouri Law Review. He served as law clerk for the Honorable Edward L. Filippine, U.S. District Court for the Eastern District of Missouri.

Don is licensed in Missouri and Illinois, before the Supreme Court of the United States, the Eighth Circuit, and U.S. District Courts for the Eastern and Western Districts of Missouri.

Professional Memberships

International Academy of Trial Lawyers, Fellow

American College of Trial Lawyers, Fellow;

American Bar Foundation, Fellow;

Missouri Bar Task Force on Complex Litigation, Member;

University of Missouri, Board of Curators (2009-2014); Chairman (2014);

University of Missouri Law School Foundation, Board of Trustees;

University of Missouri Law Library Campaign Committee;

University of Missouri Jefferson Club; Chairman, St. Louis Regional Dinner;

National Benevolent Association: Chair, Board of Directors, Legal Committee

Expert in these Jurisdictions

Missouri, 1982;

Illinois, 1983;

U.S. District Court Eastern District of Missouri;

U.S. District Court Western District of Missouri;

U.S. District Court Southern District of Illinois;

U.S. Court of Appeals 8th Circuit;

U.S. Supreme Court

Work Highlights

US Corn Farmers Settlement - $1.51 Billion Syngenta Corn Class Action Settlement;

Kansas $217.7 Million Syngenta Verdict Named Top Verdict by AAJ;

$7.8 Million Settlement of Bank Overdraft Fee Lawsuit;

3 Bellwether Plaintiffs’ Verdicts in Rice Crops Case, $4M Collective Awards for Rice Farmers, Global Settlement of $750M for Farmers over $1.1 Billion Total Settlement;

Vioxx Consumer Fraud Lawsuit Settlement Receives Final Approval;

2nd Bayer Trial Results in Another Plaintiff Verdict: $1.5 Million;

$7.5 Million Settlement Reached in Organic Milk Class Action Lawsuit;

AT&T Internet Class Settlement;

Downing Settles First 2011 Bayer Rice Contamination Lawsuit for $873,000;

Farmers Win $4 Million in Bellwether Rice Crops Case;

Federal Judge Preliminarily Approves $7.5 Million Settlement in Organic Milk Consumer Protection Class-Action Lawsuit;

$750 Million Settlement in Bayer Rice Litigation;

$20.7 Million Fraud/Breach of Contract case; Contaminated Property;

$267 Million Settlement for Uninsured Patients;

$400 Million Herbicide Victims Settlement;

$220 Million Vioxx Settlement Largest Missouri Plaintiff Win in 2013;

Pet Food Purchasers' Settlement of $32 Million;

$94.6 Million Settlement for Lead Victims

Education