John Hoffman

John Hoffman has spent nearly two decades assisting Federal, state and local governments in their efforts to combat fraud, waste, and abuse. He has recouped over $1 billion in unpaid taxes, fees and other reimbursements for his clients during this span.

 

Concentrating his practice in the areas of class action and government representation, John has handled numerous high-profile lawsuits, as well as being a frequent author and speaker on civil practice topics.

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John obtained his law degree from the Washington University School of Law (J.D. 1990), and his undergraduate degree from Northwestern University (B.A. 1987).

 

He is a member of the Illinois and Missouri Bars, and he has been admitted to practice before the U.S. District Court for the Southern District of Illinois, the U.S. District Court for the Eastern District of Missouri, and the Seventh Circuit Court of Appeals. John previously served as an I.S.B.A. Assembly Representative for the Twentieth Judicial Circuit.

 

In addition, he is a member of the Illinois State Bar Association, Illinois Trial Lawyers Association, Missouri Bar, Bar Association of Metropolitan St. Louis, and Trial Lawyers for Public Justice. In 2001, John testified before the Illinois House Appropriations and Government Oversight Committee concerning discriminatory and predatory insurance practices.

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John has received numerous honors and recognitions for his precedent-setting results in the courtroom, including three of the top five largest settlements in Missouri in 2007, the 2nd largest settlement in Missouri in 2009, the 2nd largest settlement in Missouri in 2010, and the 4th largest settlements in Missouri in 2014 and 2017 (according to Missouri Lawyers Weekly).

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His representative cases include:

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Collector of Winchester, Missouri v. Charter Communications, Inc., et al., No. 10SL-CC02719, St. Louis County Circuit Court (2020-21). John’s most recent win came in a class action where he represented 120 Missouri municipalities seeking to collect unpaid license taxes on Charter’s phone revenues. The litigation involved unique preemption defenses, battles in the state legislature, and a (once) new delivery technology, VoIP, used to provide telecommunications services. It lasted over ten years, generated multiple appeals, and resulted in a $23 million award to the class, plus prospective relief, after a three-day trial in Aug. 2019. Dissatisfied with certain rulings, John filed a series of post-trial motions – eventually granted – that nearly doubled the class’s back-tax award to $46 million.  See Collector of Winchester v. Charter Comm’s Inc., 660 S.W.3d 405 (Mo.App.E.D. 2022).

 

This result would not have been possible had John not challenged a state statute barring municipalities from serving as class representatives earlier in the proceeding. In 2012, John was successful in persuading the Missouri Supreme Court to issue an extraordinary writ (mandamus) declaring the law unconstitutional under art. V, § 5 of the Missouri Constitution. See State ex rel. Collector of Winchester v. Charter Communications, Inc., 357 S.W.3d 589 (Mo. banc 2012). The ruling preserved the right of municipalities – who otherwise would have no realistic day in court – to seek redress on a group basis, thus leveling the playing field with well-financed conglomerates for whom protracted litigation is no deterrent.

 

John served as lead class counsel and trial counsel throughout.

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City of Creve Coeur, Missouri, et al. v. Union Electric Company d/b/a Ameren Missouri, No. 11SL-CC04561, St. Louis County Circuit Court (2017). In 2017, John reached a $20.5 million class action settlement with Ameren to resolve claims by over 250 Missouri municipalities to recover unpaid business license taxes. John served as lead class counsel.

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United States v. Provider Services, Inc., et al., No. 1:11-CV-00217, U.S. Dist. Ct., So. Dist. of Ohio (2017). John was successful in this False Claims Act suit against one of Ohio’s largest nursing home operators and rehab providers. After six years of litigation, he obtained a $19.5 million global settlement to resolve allegations that defendants submitted, or caused the submission of, false claims to Medicare for unnecessary rehabilitation therapy services at 18 skilled nursing facilities.

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City of Maryland Heights, Missouri, et al. v. TracFone Wireless, Inc., No. 12SL-CC00648-1, St. Louis County Circuit Court (2016). In 2016, John reached a $10.27 million class action settlement with prepaid provider TracFone to resolve claims by over 350 Missouri municipalities to recover unpaid business license taxes. John served as lead class counsel.

 

City of O’Fallon, Missouri, et al. v. CenturyLink, Inc., et al., No. 12SL-CC01723-01, St. Louis County Circuit Court (2014). This was the ninth, successive, multimillion-dollar class action settlement handled principally by John on behalf of over 250 Missouri cities to collect unpaid business license taxes. It culminated in a $15.5 million deal with CenturyLink. The settlement was affirmed by City of O’Fallon, Missouri, et al. v. CenturyLink, Inc., et al., 491 S.W.3d 276 (Mo.App.E.D. 2016).

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City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. (T-Mobile), No. 01-CC-00454, St. Louis County Circuit Court (2010). This was the sixth, successive, multimillion-dollar settlement in lawsuits handled principally by John on behalf of over 200 Missouri cities against various telephone companies to recover unpaid municipal taxes. John was named by Missouri Lawyers Weekly as a 2010 award winner in the category of “largest plaintiff wins” for the $55 million settlement with T-Mobile.

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State of Missouri, et al. v. SBC Communications, Inc., et al., No. 044-02645, St. Louis City Circuit Court (2009). After five years of litigation, John reached a statewide settlement with various landline carriers to resolve a dispute concerning under-payment of municipal license taxes. SBC agreed to pay nearly $50 million in back-taxes and to include certain additional receipts in its future tax base. John served as lead class counsel. This was the second largest settlement in Missouri in 2009.  See also City of Wellston v. SBC Communications, Inc., 203 S.W.3d 189 (Mo. banc 2006).

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City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. (Sprint-Nextel), No. 01-CC-00454, St. Louis County Circuit Court (2007). Reston, Va.-based Sprint-Nextel’s settlement with Missouri cities was the last cell phone tax resolution of 2007. Sprint, the third largest cellular company in the United States, agreed to pay $52 million for 27 months of back-taxes to the cities and to pay all business license taxes prospectively. John served as lead class counsel. This was the third largest settlement in Missouri in 2007 according to Missouri Lawyers Weekly.​

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City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. (AT&T Wireless), No. 01-CC-00454, St. Louis County Circuit Court (2007). John represented a class of 240 Missouri municipalities suing wireless telephone companies to collect unpaid business license taxes. During the course of litigation, the Missouri legislature passed an industry-sponsored bill (HB 209) that immunized carriers from back-tax liability and mandated the dismissal of pending collection suits. John and Stephen M. Tillery challenged the law as unconstitutional and prevailed before the Missouri Supreme Court in City of University City v. AT&T Wireless Services, Inc., 203 S.W.3d 197 (Mo. banc 2006). In December 2007, AT&T Wireless agreed to pay $65.4 million to settle the cities’ back-tax claims and to pay municipal license taxes going forward. John served as lead class counsel. This was the second largest settlement in Missouri in 2007 according to Missouri Lawyers Weekly.

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City of University City, Missouri, et al. v. AT&T Wireless Services, Inc. (Verizon Wireless), No. 01-CC-00454, St. Louis County Circuit Court (2007). Beginning in 2001, a group of 240 Missouri municipalities sued Verizon Wireless and five other cell phone companies for failing to pay taxes on their wireless operations. The companies claimed for years they were not traditional utilities and therefore weren’t obligated to pay taxes on their phone revenues. In August 2007, Verizon Wireless agreed to pay the cities $25 million in back-taxes, plus payment of municipal license taxes going forward. John served as lead class counsel. This was the fourth largest settlement in Missouri for 2007 according to Missouri Lawyers Weekly. In addition, the settlement was recognized as one of the most significant settlements in the country for 2007 by the National Law Journal.