Major Cases

Bonhomme Investment Partners, LLC et al. v. Truman Bancorp, Inc., Shaun Hayes, et al. (U.S.D.C. E.D.Mo.)

First chair plaintiff representation of borrower (Bonhomme) and guarantors in complex federal court litigation resulting from collapse of Shaun Hayes banking empire.  Representation included filing and prosecuting complex civil suit for federal and state securities fraud, common law fraud and other torts.  Representation resulted in judgments exceeding $12 million as to one defendant, and favorable confidential settlement as to another defendant.


In re: West Pointe, LP, et al. (Bankr. E.D. Mo.).

First chair representation of real estate management company and related junior secured creditor in five Chapter 11 reorganization cases.

Debtors owned five apartment complexes located in St. Louis area, encompassing over 2,000 rental units, with aggregate value exceeding $45 million. Representation included defeating Debtors’ motions to reject management company client’s 20-year property management contracts, negotiating $60 million secured loan restructuring with principal secured creditor HUD, negotiating debt workouts with unsecured and priority creditors, developing creditor reorganization plan providing for transfer of all of Debtors’ property to new ownership entity controlled by clients, obtaining plan confirmation over Debtors’ objections and defeating confirmation of Debtors’ competing plan, first chairing three day evidentiary valuation (estate assets and related liabilities) hearing, taking and defending numerous depositions in underlying bankruptcy cases and in adversary proceedings initiated by Debtors seeking recovery of over $5 million from junior secured creditor client, and obtaining dismissal of the adversary proceedings.

On appeal, the firm successfully represented clients in proceedings before the United States District Court for the Eastern District of Missouri, the United States Court of Appeals for the Eighth Circuit, and the Supreme Court of the United States.

When representation began, management company client was faced with loss of valuable 20-year property management contracts, which loss would have put client out of business. As a result of 11-year representation, client now owns (through affiliates) and manages the five apartment complexes, with current aggregate value exceeding $85 million.


West Pointe Apartments, LLC, et al. v. Lexington Ins. Co., et al. (U.S.D.C. E.D. Mo.).

First chair plaintiff representation of owner of West Pointe apartment complex located in St. Louis against AIG primary property insurance carrier and three excess carriers.

West Pointe alleged that 72 apartment building roofs were severely damaged by hail and wind, asserting damages exceeding $4 million. Insurance carriers denied liability.

Representation included filing federal court breach of contract and vexatious refusal to pay complaint, taking and defending numerous fact and expert depositions, engaging roofing industry expert witness, defeating defendants’ motions for summary judgment and Daubert motions, and handling all pretrial matters.

Case settled on the eve of federal court jury trial, on confidential terms and conditions.


Gannon Joint Venture LP, et al. v. Masonite Corp., et al. (U.S.D.C. E.D. Mo.).

First chair plaintiff representation of owner of Cedar Run apartment complex located in St. Louis against Masonite Corporation and parent International Paper Company relating to hardboard siding installed on 15 apartment building exteriors.

Cedar Run alleged that the hardboard siding manufactured by Masonite was inherently defective, and that Masonite continued to manufacture and sell the siding even after it determined that the siding was defective. Cedar Run asserted actual damages exceeding $900,000.

Representation included filing state court petition and subsequent federal court amended complaint (after case was removed to federal court), taking and defending numerous depositions, engaging wood sciences expert witness (as to product defect), defeating defendants’ motions to dismiss, for judgment on the pleadings and for summary judgment, and handling all pretrial matters.

Case settled shortly before federal court jury trial, on confidential terms and conditions.


America Income Properties, Inc. v. The Gannon Properties Co., et al. (U.S.D.C. S.D. Fla.).

First chair defense representation of Florida real estate developer and related entities on claims brought by Florida real estate mortgage broker seeking commissions and miscellaneous contract and tort damages exceeding $31 million.

Representation included taking and defending over 10 fact and expert depositions, engaging mortgage broker and accounting firm expert witnesses, and handling all pretrial matters.

Case settled favorably for clients at third court ordered mediation shortly before federal court jury trial, on confidential terms and conditions.


St. Louis Associates, LP, et al. v. Susman, Schermer, Rimmel & Shifrin, et al. (U.S.D.C. E.D. Mo.).

Co-counsel plaintiff representation of apartment complex owner against client’s former Chapter 11 bankruptcy attorneys.

Client alleged that law firm’s representation of client in Chapter 11 bankruptcy cases constituted legal malpractice; plaintiffs asserted aggregate damages exceeding $38 million. Law firm denied liability.

Co-counsel representation included filing federal court complaint, taking and defending numerous fact and expert depositions, engaging national bankruptcy attorney (as to negligence), accounting firm and appraiser (as to damages) expert witnesses, defeating defendants’ motions to dismiss and for summary judgment, and handling all pretrial matters.

Case settled shortly before federal court jury trial, on confidential terms and conditions.


Scher v. Moore, et al. (U.S.D.C. E.D. Mo.).

First chair defense representation of 13 Missouri Department of Corrections employees in Section 1983 action filed by Department inmate, who alleged that defendants had conspired to murder him.

Representation included taking and defending over 30 depositions, handling all pretrial matters, and first chairing week-long federal court jury trial.

As a result of representation, 12 of 13 defendants received directed or jury verdicts (one defendant was found liable for $1,000 in damages due to improper search of inmate’s cell).


Sutton, et al. v. Tenet Healthsystem DI, Inc. (d/b/a Des Peres Hospital), et al. (St. Louis County).

First chair plaintiff representation of surviving family members of deceased 25-year-old mother of three in wrongful death case.

Plaintiffs alleged that defendant health care providers committed medical malpractice in examination and treatment of decedent; plaintiffs asserted actual damages exceeding $1.4 million. Defendants denied liability.

Representation included filing state court petition, taking and defending over 20 fact and expert depositions, engaging Chicago emergency medicine expert witness (as to standard of care), Kansas City emergency medicine expert witness (as to causation), and accounting firm expert witness (as to damages), and handling all pretrial matters.

Case settled shortly before state court jury trial, on confidential terms and conditions.

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