Judgment in favor of Missouri Department of Transportation

John Hein and Bill Sauerwein represented and defended the Missouri Highway and Transportation Commission (“MoDot”) against a class action lawsuit brought by a group of property owners who sought more than $1.5M from MoDOT related to its expansion of Highway 141. The court awarded Summary Judgment to MoDOT on July 7, 2015. In its judgment disposing of the class action case, the court adjudicated the rights and authority held by Trustees under recorded subdivision indentures and stopped the class action Plaintiffs from attacking the validity of the sale of property to MoDOT. Following the hearing conducted by John Hein, the court entered its written judgment holding that, “Under these facts, Missouri law prohibits the Plaintiffs from now seeking to attack the terms and validity of the sale, and judgment should be entered in MoDOT’s favor accordingly.”

Bill Sauerwein successfully represented homeowners in dispute involving subdivision restrictions.

Bill Sauerwein successfully represented numerous homeowners at a trial concerning the validity of subdivision restrictions that imposed obligations on homeowners to pay dues to a privately owned country club.

Paul Simon, Jr. and Adam Stockberger secure dismissal of claims against development company client and one if its members

On behalf of a commercial real estate development company and one of its members, Paul Simon, Jr. and Adam Stockberger successfully negotiated the Missouri Attorney General’s voluntary dismissal of claims to recover $2.8 million in state tax credits and to pierce the corporate veil of the developer in an attempt to impose individual liability on its members.

Paul Simon, Jr. and Adam Stockberger obtain dismissal of Merchandising Practices Act and Civil Conspiracy Claims

On behalf of a limited liability company and several of its members, individually, Paul Simon Jr., and Adam Stockberger obtained dismissal with prejudice of claims filed in the U.S. District Court, Eastern District of Missouri under Missouri’s Merchandising Practices Act and for civil conspiracy.  The Court agreed with Msrs. Simon & Stockberger’s “well-founded argument” that Plaintiff’s Merchandising Practices Act failed to demonstrate the alleged unfair practice occurred in connection with the sale or advertisement of merchandise, or that Plaintiff purchased merchandise from their clients.

Grant Mabie secures judgment for his client, a commercial landlord, at trial.

Grant Mabie, representing a commercial property owner at trial, obtained a judgment in favor of the owner, and against a tenant, for damages and possession of the premises.  The case involved a tenant that failed to honor its obligations under a commercial lease.  The judgment awarded the owner 100% of the damages claimed among other relief.

Paul Simon, Jr. defending a law firm on RICO violations, legal malpractice and related claims

Paul Simon, Jr., John Hein and Adam Stockberger currently represent a law firm and one of its partners in a lawsuit pending in the United States District Court, Eastern District of Missouri. Plaintiffs, which include a special deputy receiver on behalf of certain insurance companies in receivership in the State of Texas, a national insurance guaranty association and a number of state insurance guaranty associations, brought claims, among others, for alleged violation of RICO and the Lanham Act, fraud, breach of fiduciary duty and legal malpractice.  Plaintiffs seek in excess of $600 million dollars.

Favorable Supreme Court Writ Denial

Paul Simon, Jr. and Adam Stockberger obtained denial of a writ of prohibition from the Missouri Supreme Court in favor of their client, concerning the trial court’s finding that the opposing party had waived its right to a jury trial under Missouri Supreme Court Rule 69.01.

Mechanics Lien Victory Affirmed

The Missouri Court of Appeals has affirmed a summary judgment obtained by Sauerwein Simon attorneys on behalf of a property owner against a mechanic’s lien claimant who sought $342,000.00.

Employment Discrimination Settled

On behalf of an employer, Paul Simon, Jr. and Adam Stockberger favorably settled a Title VII employment discrimination case.

Commercial Unlawful Detainer

On behalf of a commercial property owner, Sauerwein Simon attorney, Brandon Rothkopf obtained judgment at trial in an unlawful detainer action in the City of St. Louis.