William Mitchell College of Law, J.D., 2002, Summa Cum Laude
Concordia College, B.A., 1999
Bar & Court Admissions
- U.S. District Court District of Minnesota
- U.S. Court of Appeals 8th Circuit
- U.S. District Court Eastern District of Michigan
- U.S. Bankruptcy Court District of Minnesota
Jason Asmus is a member and vice-chair of the Business Litigation section. He practices primarily in the areas of:
- Business litigation
- Banking litigation
- Commercial real estate and construction defect litigation
- Land use planning and zoning litigation
- Professional liability litigation
- Environmental litigation
Jason represents a broad range of corporate and individual clients in all manners of business and commercial disputes, including matters involving unfair competition, consumer fraud, deceptive trade practices, trade secret misappropriation, employment disputes, non-compete and non-solicitation agreements, personal injury, professional liability, property damage, privacy, securities law, business transaction disputes, general contract claims, corporate governance, and shareholder and partnership disputes.
Jason has successfully defended and prosecuted various litigation matters on behalf of financial institutions of all sizes, from local credit unions to large national lenders. His representative experience includes the defense and prosecution of lender liability claims, lien priority disputes, subordination agreement disputes, foreclosure actions, trust disputes, collateral agreement disputes, bank fraud and tortious interference claims, disputes involving agricultural borrowers, replevins, and the appointment of permanent and temporary receivers to preserve and protect collateral.
Commercial Real Estate and Construction Defect Litigation
Jason has represented landlords, tenants and real estate brokers in various litigation matters, including actions to recover possession of real property, collateral and unpaid rents or commissions, and enforcing contractual and statutory rights and remedies. He also has represented real estate development, construction and project management companies in a variety of commercial litigation matters, including the defense of claims involving wrongful death, personal injury and alleged construction defects.
Land Use Planning and Zoning Litigation
Jason has handled various matters for waste companies, aggregate suppliers, developers and utilities involving challenges and appeals regarding zoning decisions made by governing authorities. He also assists clients in dealing with permit, licensing and regulatory compliance issues, as well as corporate disputes.
Professional Liability Litigation
Jason represents professionals, including attorneys, accountants, architects and engineers, in defending against claims of professional negligence.
Jason has defended clients nationwide against claims of liability and responsibility for environmental contamination, and he has successfully pursued claims on behalf of clients against potentially responsible parties for recovering of environmental response costs.
While in law school, Jason was an associate editor and contributing writer for the William Mitchell Law Review. He has also served as an adjunct professor and writing instructor at William Mitchell College of Law.
Honors & Awards
- Minnesota Rising Star, Minnesota Super Lawyers
- Represented a regional architecture and engineering firm in seven-day jury trial in Palm Beach County, Florida, defending against construction and design defect claims relating to a luxury condominium complex. After more than a dozen co-defendants settled on the eve of trial, the plaintiff proceeded against only the client. At the conclusion of trial, the jury denied two of the plaintiff’s three damages claims outright finding that the client had no liability and, as to the remaining damage claim, allocated just 15% of the liability to the client. Thereafter negotiated a settlement to avoid the time, cost and expense of an appeal, while the client actually paid less than its allocated liability.
- Obtained summary judgment on behalf of law firm client for the plaintiff's failure to timely comply with expert affidavit requirements, resulting in dismissal of all legal malpractice claims. Thereafter, Plaintiff elected not to appeal.
- Obtained summary judgment on behalf of law firm client for lack of causation and damages, resulting in dismissal of all legal malpractice claims asserted by former client.
- Obtained summary judgment on behalf of law firm client for lack of standing, resulting in dismissal of all legal malpractice claims asserted by non-client. Summary judgment subsequently affirmed on appeal to Minnesota Supreme Court.
- Obtained reversal in Eighth Circuit Court of Appeals of trial court judgment that law firm client had breached its fiduciary duty to client and was required to disgorge legal fees earned.
- Represented building owner defending against claims alleging that the building's height violated provisions in operative easement agreements. Obtained reversal of district court's grant of temporary injunction which resulted in favorable settlement.
- Represented architecture firm in defending against construction and design defect claims involving condominium projects in San Francisco and Seattle. After summary judgment motions were filed and argued, cases settled on favorable terms.
- Defended former officers/directors in complex, securities fraud litigation involving allegations that defendants made misrepresentations in connection with the sale of timeshares and participated in the unlicensed sale of securities.
- Represented bank in pursuit of creditor's remedies against borrower and guarantors on more than $1,000,000 in loans and in defense of borrower's counterclaims. Twice obtained summary judgment dismissal of 10 counterclaims by borrowers against the bank. Obtained summary judgment regarding borrower's and guarantors' liability under subject loan documents. Prevailed at two-day court trial on claim for attorneys' fees and subsequently represented bank in foreclosure and sheriff's sale proceedings after which bank recouped all principal, interest and attorneys' fees and costs incurred.
- Represented bank in pursuit of creditor's remedies against borrower and individual guarantor on $7 million loan relating to commercial building. Borrower subsequently filed for bankruptcy, but bank continued pursuit of remedies against individual guarantor. After obtaining default judgment against the individual guarantor over counsel's objection, successfully resisted motion to vacate default judgment.
- Represented bank in pursuit of creditor's remedies against borrower and individual guarantor on $21 million loan relating to commercial buildings. Case was favorably resolved after borrower filed bankruptcy.
- Represented bank in pursuit of creditor's remedies against borrower on $500,000 loan. After deposing the borrower's owner, borrower stipulated to the entry of judgment in the full amount owed. Represented bank in subsequent foreclosure proceedings and sheriff's sale of subject property.
- Represented bank in pursuit of creditor's remedies against borrower on $1,000,000 loan. Obtained receivership order and judgment in favor of bank in the full amount of the debt owed.
- Defended lead bank in lawsuit brought by participant bank relating to $5 million participated loan relating to multiple planned unit developments. Loan participant sued lead bank, alleging negligence and bad faith by lead bank in agreeing to certain concessions requested by borrower. After obtaining leave to amend answer to assert counterclaims against participant for breach of implied covenant of good faith and fair dealing, case settled at mediation on favorable terms.
- Defended asset-based lender in lawsuits brought by borrower and various third parties. After obtaining multiple dismissals of lawsuits based on forum selection clause and venue grounds, borrower and third parties terminated pursuit of claims against lender.
- Represented bank that was a participant in multi-million dollar participated loan relating to construction and operation of mobile home park in Michigan. After lead bank exercised certain creditor's remedies, borrower filed suit, alleging that lead bank and participant bank had engaged in deceptive practices, fraud, forgery and conspiracy relating to the exercise of creditor's remedies. Prior to the filing of an answer to the complaint, obtained borrower's agreement to withdraw claims against the participant bank.
- Obtained summary judgment for commercial landlord in action commenced by commercial tenant for alleged violations of a declaration of easements and restrictions and a reciprocal easement and operating agreement. Summary judgment subsequently affirmed on appeal.
- Obtained summary judgment in favor of a commercial landlord on claims for anticipatory breach of a lease agreement, specific performance and declaratory judgment.
- Following arbitration hearing, obtained judgment in favor of property owner on all claims involving faulty construction of home.
- Represented national company in defending against claims asserted under the Texas Solid Waste Disposal Action and federal CERCLA statute for alleged PCB, lead, arsenic and other contamination. While state-court summary judgment motion and federal court motion to dismiss was pending, negotiated favorable settlement of all claims.
- Represented large regional metal recycler in connection with enforcement proceeding initiated by local regulatory agency for alleged air contamination and permit violations. After successfully resisting the regulator's attempt to obtain a temporary restraining order and temporary injunction to shut down the facility and while a summary judgment motion was pending, the client negotiated a mutually-acceptable resolution with the regulator.
- Represented local property owner in the defense of claims by its tenant regarding responsibility for clean-up costs associated with petroleum-impacted soil. Obtained an early favorable settlement of all claims prior to significant litigation expenditures.
American Bar Association, Member
Hennepin County Bar Association, Member
Minnesota State Bar Association, Member
- July 10, 2017
- July 5, 2016
- July 21, 2014
- May 19, 2014
- July 18, 2011
- November 24, 2009
- August 27, 2009
- December 15, 2008
- December 11, 2007