The Missouri Supreme Court recently denied Frontenac Bank’s Motion for Transfer to the Missouri Supreme Court in Frontenac Bank v. TR Hughes, et al.  As a result of this ruling, the decision obtained from the Missouri Court of Appeals by Thom Avery and Douglas Stockenberg stands.   BB&D represented Thomas Hughes, a homebuilder and real estate developer, and his wife, Carolyn, in a suit brought by Frontenac Bank seeking approximately $3.6 million for the alleged breach of promissory notes and related commercial guaranties.  At trial, the court ruled in favor of BB&D and found the personal guaranties signed by Carolyn Hughes invalid and unenforceable on the basis that they violated the Equal Credit Opportunity Act.  ECOA is a federal law that prohibits banks from requiring a spouse to sign a personal guaranty under certain circumstances.  On appeal, the Missouri Court of Appeals, Eastern District, affirmed the trial court’s decision in her favor.  Although the trial court granted summary judgment in favor of Frontenac and against Thomas Hughes and the borrowing entities, the Court of Appeals reversed the trial court’s grant of summary judgment in favor of Frontenac, holding that certain factual issues exist for trial regarding the borrower’s and Thomas Hughes’ affirmative defenses.  For further information, see Stltoday.com

The St. Louis Business Journal recognized Jason Turk for his position as President of the St. Louis Chapter of the Truman State University Alumni Association in its March 8, 2013 list of the St. Louis area’s largest college and university alumni groups.  Truman State University has over 13,000 alumni in the St. Louis area.  Jason has served as President of the St. Louis Chapter since 2010, and he is also a member of the Board of Directors of Truman State’s National Alumni Association.

Robert Blitz and Chris Bauman represented all Respondents, a local municipality and the members of the municipality’s board of aldermen, on a claim that a conditional use permit granted by the City should not have been granted.  Petitioner’s claim that the decision to grant the conditional use permit was not made based on competent and substantial evidence was brought in an effort to derail the entire multi-million dollar development.  Although the ordinance granting the conditional use permit was only passed on September 5, 2012, BB&D was able to secure an immediate trial and a Judgment was issued on February 26, 2013.  That Judgment held for BB&D’s clients “on all counts and claims” and stated that the decision to approve “the application and petition for a conditional use permit was supported by competent and substantial evidence on the record and is hereby affirmed.”

Robert Blitz has been requested by Governor Jeremiah W. Nixon to serve on his Inaugural Host Committee and to attend the inaugurations of President Barrack Obama, Senator Claire McCaskill, Attorney General Chris Koster, Treasurer Clint Zweifel and Secretary of State Jason Kinder.

BB&D attorneys Christopher Bauman and Jason Turk defended an employee against a former employer who sought damages and injunctive relief.  Among other things, the former employer wanted damages and restrictions on BB&D’s client’s ability to contact customers that the employee had worked with during his previous employment.  BB&D successfully argued for an initial Order that stated that the employee was free to contact all customers for the purposes of competing.  Although the employer stated claims for breach of the Missouri trade secrets act, computer tampering violations, and tortious interference, all claims were dismissed without any payment to the former employer and with no restrictions on the employee’s right to employment.

Robert Blitz has once again been named as one of the Best Lawyers in America for his expertise in Commercial Litigation.  James Deutsch has also again been named as a Best Lawyer in America for his Gaming Law expertise.

BB&D is proud to announce that Christopher O. Bauman and Robert G. Brandt have been selected as “Rising Stars” and will appear in the 2012 Missouri and Kansas City Super Lawyers Magazine.  This is the third year that Rob has been chosen and the second straight year that Chris has been chosen.  No more than 2.5 % of eligible lawyers in Missouri are named to the Rising Stars list.

BB&D attorneys Thom Avery and Douglas Stockenberg represented Thomas Hughes, a homebuilder and real estate developer, and his wife, Carolyn, in a suit brought by Frontenac Bank seeking approximately $3.6 million for the alleged breach of promissory notes and related commercial guaranties.  At trial, the court ruled in favor of BB&D and found the personal guaranties signed by Carolyn Hughes invalid and unenforceable on the basis that they violated the Equal Credit Opportunity Act.  ECOA is a federal law that prohibits banks from requiring a spouse to sign a personal guaranty under certain circumstances.  On appeal, the Missouri Court of Appeals, Eastern District, affirmed the trial court’s decision in her favor.  Although the trial court granted summary judgment in favor of Frontenac and against Thomas Hughes and the borrowing entities, the Court of Appeals reversed the trial court’s grant of summary judgment in favor of Frontenac, holding that certain factual issues exist for trial regarding the borrower’s and Thomas Hughes’ affirmative defenses.  For further information, see Stltoday.com

Stephanie Bell and Tim Schwarz represented Laclede Gas Company in St. Charles County Circuit Court seeking to recover pipeline transportation overcharges from MoGas Pipeline, LLC.  The case resulted from a finding of the Missouri Public Service Commission finding that MoGas discounts to an affiliate must be provided to other customers pursuant to MoGas’ then-effective tariff.  On September 6, the court entered summary judgment on behalf of Laclede for $6.681 million in overcharges; interest will bring the total recovery to about $10 million.