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.”

John Hein scores a victory on appeal for a national title insurance underwriter.

To collect losses paid by an insurer as a result of a builder’s mechanics lien claims, John Hein won the right on appeal to pursue collection against the individual owner of the company by piercing the corporate veil. The Trial Court awarded judgment but denied the Creditor’s Bill against the individual owner. John obtained a reversal in part from the Missouri Court of Appeals Eastern District. The Appellate Court allowed the insurer to pierce the corporate veil on remand and to pursue claims against the individual owner of the homebuilder corporation for negligent misrepresentation, fraudulent misrepresentation, negligent concealment, and fraudulent concealment, and to pursue its Creditor’s Bill.

The full opinion can be found here.

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.

Business Law Group Featured

Sauerwein Simon’s Business Law Group was featured in the September 23rd issue of the Ladue News, in the annual Faces of Law section.   Featured members include: Chairman of the Business Law Group, Paul Simon, Jr., John Hein, E. J. Miller, Brandon Rothkopf, Anne Kelly, and Adam Stockberger.

Summary Judgment Victory

On behalf of a national title insurer, John Hein has won a Motion for Summary Judgment in favor of a Title Insurance Underwriter sued by its insured property owner, in an action alleging, in part, that the property owner was delivered unmarketable title because an improvement to her villa encroached upon common ground. Summary judgment was granted in favor of the title insurance underwriter on the basis that the purchaser received title to exactly what she was insured to receive, and the improvement complained of was added by the purchaser, at the the purchaser’s direction, subsequent to the date of closing and effective date of the title policy.

Adjunct Professor of Law

John Hein has been appointed as an Adjunct Professor of Law at the Washington University School of Law for the 2011-2012 school year. 

Summary Judgment Victory

On behalf of a national title insurance underwriter and its agent, John Hein obtained partial summary judgment in favor the firm’s clients, in an action by a lender following denial of its claim alleging that it had intended to receive different property as collateral for its loan. The Court, in finding for the Insurer and Agent, found the legal description set forth in the title commitment to be controlling rather than the street or mailing address for the purpose of determining and defining property that is the subject of the insurance.

Summary Judgment Victory

On behalf of a national title insurance carrier, John Hein secured judgment in favor of his client following a hearing on a motion for summary judgment against a title insurance agent for failure to accurately discover and report instruments of record affecting title to property according to the terms of the agency agreement. As recoupment for the losses suffered by the insurance carrier in defending and curing the underlying claim resulting from the agent’s error, the court awarded it approximately $218,000.00, representing the entire amount of the underwriter’s losses which included attorneys’ fees, litigation expenses, and costs of settlement negotiations.

Summary Judgment Victory

On behalf of insured property owners, John Hein secured Summary Judgment in Boone County, Missouri, ordering release of a prior deed of trust against holders of the prior unreleased development deed of trust which had been not released by mistake at the time of closing, but for which the lender later refused release upon the developer/borrower’s default on the note.