Jason R. Asmus

Jason is firmwide co-chair of Taft’s Commercial Litigation practice. He focuses his practice primarily in the areas of banking litigation, commercial real estate and construction defect litigation, land use planning and zoning litigation, professional liability litigation and environmental litigation.

• Represented a regional architecture and engineering firm in a 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 million 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 million 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 multimillion-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.