Experience
Summary Judgment for Title Insurance Company in Defense of Breach of Contract and Vexatious Refusal to Pay Action
Obtained summary judgment in Jackson County, Missouri on behalf of title insurance company in defense of claims for breach of contract and vexatious refusal to pay. The plaintiff claimed that the title insurer breached the title policy by not providing coverage under the policy. The plaintiff claimed the title insurer failed to disclose a dangerous building notice. The court found no coverage exists because the dangerous building notice is not a condition affecting the title of the property.
Lead Trial Counsel in Jury and Bench Trials Before State, Federal and Appellate Courts
Served as lead trial counsel in numerous jury and bench trials in the state and federal courts in Kansas and Missouri. Successfully argued numerous cases in the Kansas and Missouri appellate courts, and before the Eighth and Tenth Circuit Courts of Appeal. Cases have involved construction defects, architect and accountant liability, title insurance and bad faith, and creditors’ rights claims.
Counsel in Commercial Litigation, Foreclosure, Special Assets and Receivership Matters
Served as counsel to local, regional and national lenders in numerous commercial litigation and foreclosure, special assets and receivership matters involving the sale and liquidation of nearly every type of real property and collateral, as well as workouts, including: office parks, mobile home parks, factory, warehouse and manufacturing properties, retail centers, marinas, medical offices and equipment, transportation development districts (TTDs), liquor stores, turkey farms, cattle, farm products and equipment, hotels, dry cleaners and many more.
Counsel to National Bank in Collection on Commercial Loan
Served as counsel to national bank in collection on commercial loan, secured by multi-state collateral, including receivership.
Lead Trial Counsel to National Bank in Chapter 11 Proceedings, First Virtual Evidentiary Hearing
Served as lead trial counsel to national bank lender in enforcement of rights in secured collateral in Chapter 11 bankruptcy proceedings, including the first virtual evidentiary hearing conducted in the court.
Counsel to Federal Agency Regarding Enforcement of Liens
Served as counsel to federal agency in connection with enforcement of liens on multi-state collateral.
Lead Trial Counsel to National Bank in Receivership, Foreclosure
Served as lead trial counsel to national bank in receivership and foreclosure of mobile home park.
Lead Trial Counsel to National Title Underwriter in Multimillion-Dollar Litigation
Served as lead trial counsel to national title underwriter in multimillion-dollar defense litigation, resulting in clarification of law in the Eighth Circuit on policy exclusions.
Lead Trial Counsel for National Bank in Adversary Proceeding in Bankruptcy Court
Served as lead trial counsel to national bank in adversary proceeding in bankruptcy court resulting in a judgment for priority of mortgage against $15 million mechanic's liens on failed commercial project.
Successful Litigation as Lead Trial Counsel to Surety
Served as lead trial counsel to surety in successful litigation finding that surety was not liable due to general contractor’s failure to properly declare default and trigger bond obligations.
Successful Construction Arbitration for General Contractor
Served as lead trial counsel in successful construction arbitration resulting in substantial award for general contractor.
Secured Jury Verdict for Client in Fraud Case
Served as lead trial counsel in securing jury verdict for client in connection with fraud in the inducement in commercial marketing agreement.
Missouri Counsel to National Lender in $250 Million Loan Restructuring
Served as Missouri counsel to national lender in connection with the restructuring of a $250 million loan.
Counsel to Lender in Multimillion-Dollar Loan Modification
Served as counsel to lender in connection with document review and borrower opinion in multimillion-dollar loan modification.
