MEET ST. LOUIS ATTORNEY
Don M. Downing
Don has over thirty-seven years of experience representing the 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 has also 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’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 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.
Practice Areas
- Agricultural Litigation
- Market loss
- Herbicide drift
- Contamination / Crop damage
- Defective seed
- Farm subsidies
- Antitrust
- Class Actions
- Mass Tort Actions / Multidistrict Litigation
- Complex Commercial Litigation
- Business disputes
- Breach of contract
- Fraud
- Securities Fraud
- Consumer Law
- Dangerous drugs
- Telephone and internet services
- Healthcare charges
- Misrepresented products
- Professional Malpractice Litigation
- Voting Rights
Notable Wins
In re: Dicamba Herbicides Litigation (E.D. Mo.)
Herbicide drift, extensive crop damage
- Co-Lead Counsel: MDL mass tort action
- Lead negotiator: $400 million mass tort settlement
- Lead negotiator: $4.7 million non-soybean farmer settlements
In re: Syngenta AG MIR 162 Corn Litigation (D. Kan.)
Contamination of U.S. corn supply
- Co-Lead and Class Counsel: MDL class actions
- Trial Counsel: bellwether trial for Kansas farmers; $217.7 million verdict
- $1.51 billion global class action settlement
In re: Genetically Modified Rice Litigation (E.D. Mo.)
Contamination of U.S. rice supply
- Co-Lead Counsel: MDL mass tort action
- Trial counsel: three bellwether trials for Missouri, Arkansas, Mississippi, and Louisiana rice farmers; $4 million collective plaintiffs’ verdicts
- Lead negotiator: $750 million farmer settlement; over $1.1 billion total settlement
In re: Blue Buffalo Co. Ltd., Marketing and Sales Pracs. Litig. (E.D. Mo)
Pet food mislabeling
- Executive Committee: MDL class action
- $32 million class action settlement
Mary Plubell v. Merck & Co. (Jackson County Missouri)
Consumer fraud: Vioxx
- Class Counsel: class action
- Co-Lead negotiator: $220 million class action settlement
Quinn v. BJC Healthcare Corp. (City of St. Louis)
Overcharges to uninsured patients
- Class Counsel: class action
- Lead negotiator: $267 class action settlement
Weinschenk v. State of Missouri
Constitutionality of photo ID requirement to vote
- Lead Plaintiffs’ Trial Counsel – Obtained judgment of unconstitutionality
- Lead Appellate Counsel – Trial judgment affirmed
Professional Accolades
Best Lawyers In America:
- St. Louis Litigation – Banking & Finance Lawyer of the Year (2022)
- St. Louis Mass Tort Litigation/Class Action – Plaintiffs’ Lawyer of the Year (2021)
- St. Louis Litigation – Banking & Finance Lawyer of the Year (2020)
- St. Louis Litigation – Banking & Finance Lawyer of the Year (2018)
- St. Louis Litigation – Banking & Finance Lawyer of the Year (2016)
- St. Louis Mass Tort Litigation/Class Actions – Plaintiffs’ Lawyer of the Year (2015)
- St. Louis Litigation – Banking & Finance Lawyer of the Year (2014)
- St. Louis Litigation – Antitrust Lawyer of the Year (2013)
- Recognized in category of Bet-the Company Litigation (2020-present)
- Recognized in category of Commercial Litigation (2005-present)
- Recognized in category of Litigation – Antitrust (2011-present)
- Recognized in category of Litigation – Banking and Finance (2011-present)
- Recognized in category of Mass Tort / Class Actions – Plaintiffs (2013-present)
Missouri Lawyers Weekly:
- Commercial & Consumer Litigation “Power 30 Attorney” (2020-2021)
- ICON Award (2020)
- Influential Lawyer Award (2018)
- Top Plaintiff’s Settlement Award (2018)
- Legal Champion Award (2011)
Other Accolades:
- Chambers and Partners, Band 1 rating (highest), Litigation: Mainly Plaintiffs (2021)
- American Agricultural Law Association, Excellence in Agricultural Law Award (2020)
- Faculty-Alumni Award, Mizzou Alumni Association (2015)
- Merit Selection Panel Member, U.S. Magistrate Judge (2013)
- Lawdragon 500 Leading Lawyers in America (2012)
- University of Missouri Law School Citation of Merit (2011)
- American Lawyer Litigation Daily, National Litigator of the Week (July 7, 2011)
- Missouri & Kansas Super Lawyers (2006 – present)
- Missouri & Kansas Super Lawyers – Top 50 in St. Louis and Top 100 in Missouri and Kansas
- Best Lawyers in America (2005 – present)
- AV Peer Review Rating, Martindale-Hubbell Law Directory
Professional Associations & 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
Published Works
- Committee Bars Section 1983 Action for Unconstitutional Administration of State Tax System 47 Missouri Law Review 897, 1982
- Enforcement of Due-On-Sale Clause by Federal Savings & Loan Association 47 Missouri Law Review 366, 1982
Legal Experience
- Gray Ritter Graham, Director (2004-present)
- Stinson Morrison Hecker, St. Louis Managing Partner (1996-2003)
- Missouri Chief Deputy Attorney General (1993-1995)
- Stinson Mag & Fizzell, partner (1990-1992), associate (1984-1989).
Bar Admissions
- 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
314-241-5620
800-451-2950
701 Market St., Ste. 800
St. Louis, MO 63101
