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 bank in a nine-day jury trial in Clay County, Minnesota defending against lender liability, tortious interference and voidable transfer claims brought by another lender. At the conclusion of the trial, the jury rendered a complete defense verdict in the client’s favor, absolving the client of any liability. 
• Represented a large Midwest law firm in defending against legal malpractice, breach of contract, breach of fiduciary duty, and fraud claims brought by former clients relating to three separate underlying legal malpractice lawsuits. Obtained a Rule 12 dismissal of multiple claims on statute of limitations grounds. Subsequently obtained a dismissal of all remaining claims for failure to satisfy the expert affidavit requirements under Minn. Stat. § 544.42 for claims involving professional negligence. 
• Represented a national law firm in defending against legal malpractice and other claims brought by an entity placed into receivership. Obtained a Rule 12 dismissal of all claims against the law firm on multiple grounds, including quasi-judicial immunity, res judicata and statute of limitations.
• Represented a national law firm in defending against legal malpractice claim relating to ERISA employer withdrawal liability. Successfully negotiated a settlement at the matter’s inception on favorable terms.
• Represented real estate investment firm in pursuing a multimillion-dollar claim for recovery of earnest money relating to a breach of a purchase and sale agreement. After commencing lawsuit, immediately moved for summary judgment, which was granted in full and client was awarded all damages sought. No appeal was pursued.
• Represented student apartment project developer in defending against claims by adjacent property owner attempting to stop construction. After obtaining dissolution of temporary restraining order that allowed construction to continue, and while motion to dismiss was pending, negotiated a favorable resolution.
• Represented global atmospheric sciences company in a federal court lawsuit involving a former executive. Obtained preliminary injunctive relief relating to executive’s improper retention of confidential company information and property. After the completion of discovery and while motions for summary judgment were pending, negotiated a favorable settlement.
• Represented national pharmacy benefit manager in defending against two separate lawsuits that challenged its private contractual accreditation requirement as violating state and federal law. In the first lawsuit brought by a trade association and venued in United States District Court for the District of Columbia, successfully opposed injunctive relief motion, negotiated a favorable settlement while motion to dismiss was pending and successfully resisted attempt by certain members of the trade association to re-open the lawsuit. In the second lawsuit brought by the movants in the first lawsuit and venued in United States District Court for the District of New Jersey, successfully opposed motion for temporary restraining order, obtained a Rule 12 dismissal of all claims and obtained an affirmance of such dismissal in the Third Circuit Court of Appeals.
• Represented professional sports team in defending against lawsuit brought by former employee alleging age discrimination. Obtained summary judgment twice dismissing all claims as a matter of law, and obtained affirmance of summary judgment from the appellate court. 
• Represented professional sports team in defending against multiple lawsuits brought by a fan challenging trespass orders issued to him. Defeated multiple motions for temporary injunctive relief, obtained Rule 12 dismissals of all lawsuits, and obtained appellate affirmance or avoided appeal.
• Represented local bank in defending against a putative class-action lawsuit challenging overdraft fee practices. Filed Rule 12 motion to dismiss, after which plaintiffs’ counsel voluntarily dismissed lawsuit.
• Represented engineering firm in defending against a lawsuit in Cass County, North Dakota, alleging breach of warranty and negligence claims relating to the design, manufacture, and sale of specialized malting equipment. After obtaining summary judgment on all but one claim, successfully negotiated a favorable settlement.
• Represented private equity firms in defending against post-closing claims by seller of business.Obtained Rule 12 dismissal of several claims and then successfully negotiated settlement.
• 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 the 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.
• 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.
• 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.
• 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.