This page offers representative samples of the varied cases from Matt Fairless’ extensive career as a litigation lawyer. Working as a trial attorney for over 30 years, Matt Fairless has an unmatched breadth and depth of experience. His record as a litigation lawyer speaks for itself.
If you require a litigation lawyer in St. Charles, St. Louis, Warren, or Lincoln Counties, call The Fairless Law Firm LLC at 636-317-1292 to speak with a litigation attorney about your case.
Representative Cases of Matt Fairless’ Experience as a Litigation Lawyer
- Type of Action: Lender liability – claim of intentional infliction of emotional distress. Matt represented CitiMortgage, a national mortgage company, in defense of a lawsuit brought by children of a borrower on a home loan in Pike County. Matt was brought in as the litigation attorney two months prior to trial to try the case before the Pike County jury. Plaintiffs alleged that the bank harassed them and trespassed on their property in a wrongful effort to compel mortgage payments after the death of their father. The children sought $2 million in damages for the actions of the bank. Philips v. CitiMortgage, Inc., 16PI-CC00059, Pike County, Missouri. Result: After a three-day jury trial, a defense verdict was returned on all claims.
- Type of Action: Civil rights – false arrest/use of excessive force/retaliation for exercise of first amendment rights. Represented as co-counsel a city and its mayor in claims by restaurant-bar owner of the city that the city revoked his license in retaliation for first amendment protected activity and three police officers against same owner’s claim of false arrest and excessive use of force. Hodak v. City of St. Peters, Case No. 4:04cv01099 ERW (on appeal to the Eighth Circuit, 535 F.3d 899 (2008)). Result: As litigation lawyer, Matt obtained a defense verdict for the police officers, and the jury returned its verdict in favor of the plaintiff against the mayor and city. The jury verdict was reversed by the trial court and a new trial on those claims ordered. After a jury verdict against the city and mayor in the re-trial, Matt and his law partner David Hamilton obtained a complete reversal and dismissal of the claims from the 8th Circuit Court of Appeals.
- Type of Action: Construction litigation/breach of contract. Served as a litigation lawyer representing General Contractor in claim of breach of contract on construction of home against owner. Hackett Custom Builders, Inc. v. Frank C. Thiel Revocable Living Trust, St. Louis County Circuit Court, Cause No.: 2196CC-01390. Result: One week jury trial resulted in verdict for General Contractor, defense verdict on counterclaims against owner. Jury awarded $360,000 in damages; $50,000 in attorneys’ fees awarded after trial for Matt’s client.
- Type of Action: Construction litigation/breach of contract. Acted as litigation lawyer for residential home builder on claim of breach of lot-purchase contract. Horizon Homes, Inc. v. Lawless Homes, Inc., St. Louis County. Result: Case settled on eve of trial with payment to residential home builder of $240,000 and assignment of professional negligence claims against engineering company. Claims against engineering company settled with payment to residential home builder of $36,000.
- Type of Action: Municipal law/Hancock claim for damages for sewer and water fees. As a city litigation lawyer, Matt represented fourth-class city against claims by class of apartment complex owners that sewer and water rates violated Missouri’s Hancock Amendment limiting amount of rates that may be charged without voter approval. Mullenix-St. Charles Properties, L. P., et al. v. City of St. Charles, St. Charles County, Case no. 11V019607425. Result: Three-day non-jury trial resulted in verdict in favor of city. Judgment affirmed on appeal.
- Type of Action: Municipal law/construction project bid. Represented fourth-class city against claims by taxpayer citizens that award of bid on convention center project violated Missouri law. Result: Summary judgment in favor of city.
- Type of Action: Insurance coverage claim. Provided civil litigation services to fourth-class city in claim against insurer regarding sewer system involving scope of coverage and good faith claims. Result: Mediation resulted in settlement in favor of city for $120,000.
- Type of Action: Employment. Hired as litigation lawyer to defend physician against claims of breach of employment contract and request for injunction enforcing non-compete clause of employment agreement. Thomas F. Wright M. D., v. Paul B. Vatterott, Jr., M.D., St. Charles County, Case no.: 01CV129918. Result: Motion for directed verdict in favor of physician at close of three-day jury trial on breach of contract and non-compete claims.
- Type of Action: Construction/breach of contract. Represented residential home builder as a litigation lawyer in counterclaims against grading and clearing subcontractor for breach of contract and defense of mechanic’s lien claim. Widel & Sons Construction Co., Inc. v. S2 Development Company, LLC, et al., St. Charles County, Case no.: 0511-CV01216. Result: Three-day Arbitration resulted in Arbitration award in favor of residential home builder in the amount of $107,000 on claim and award of attorneys fees of $27,000 and costs of Arbitration.
- Type of Action: Construction/breach of contract. Acted as a litigation lawyer representing residential home builder in breach of contract and defense of counterclaim against residential home purchaser. Daniel R. Fineberg and Lynn M. Fineberg v. S&S Building Company, Inc., St. Louis County, Case No. 06CC-261. Result: Three-day jury trial resulted in jury verdict in favor of builder in the amount of $105,000, attorneys’ fees awarded post-trial to builder in the amount of $24,000. Judgment affirmed on appeal.
- Type of Action: Construction/breach of contract. Represented home builder in breach of contract and defense of counterclaim against residential home purchaser. Cannon Construction Co. v. Mock, Camden County, Missouri, American Arbitration Association, Case No. 57110M0014307. Result: Three-day arbitration resulted in award in favor of home builder and against owner in the amount of $87,903.72.
- Type of Action: Construction/breach of contract. As a civil litigation lawyer, Matt represented residential home builder in breach of contract claims against seller of residential building lots. McDermott Homes, Inc. v. Moscow Mills Lumber Company, Inc., St. Charles County, Case No. 03CV128972. Result: Four-day jury trial resulted in judgment in favor of residential home builder in the amount of $87,000. Affirmed on appeal.
- Type of Action: Employment/fraud claims. Represented home mortgage lending company against claims of employer liability for fraud claims of home mortgage borrower. Allen v. Wells Fargo Home Mortgage, St. Clair County, Illinois. Case No. 05-CH-191. Result: Three-day jury trial in St. Clair County, Illinois, resulted in defense verdict for employer; jury verdict against co-defendant employee for compensatory damages and punitive damages.
- Type of Action: Municipal law/Tax Increment Financing. Litigation lawyer for fourth-class city against claims by county and individual taxpayers challenging tax increment financing project. St. Charles County v. City of St. Peters, St. Charles County. Case No. 01CV128678. Result: Summary judgment in favor of city, affirmed on appeal by Missouri Court of Appeals, Eastern District and Missouri Supreme Court.
- Type of Action: Nuisance. As lead litigation lawyer, Matt represented landowner against adjacent landowner’s claim that water run-off caused damage to property. Ravenwood Properties, Inc. v. Moritz, St. Charles County. Case No. 11V019507491. Result: Two-day jury trial resulted in defense verdict in favor of client.
- Type of Action: Municipal law/First Amendment claims. Served as city litigation lawyer for fourth-class city against persons claiming violation of constitutional rights by city relating to conduct of city meetings. Sandy L. Waters, et al. v. City of St. Peters, United States District Court, Eastern District of Missouri. Case No. 4:06-CV00876. Result: Dismissal with prejudice in favor of client.
- Type of Action: Shareholder derivative suit/minority oppression. Litigation lawyer for corporation in claims of minority shareholders of oppression and breach of promissory note. Geoffrey L. Sutton v. 3G Corporation, et al. St. Charles County, Missouri. Case No.: 11V019706955. Result: Four-day jury trial resulted in defense verdict on all but promissory note claim; settled note claim favorably to client on appeal.
A Litigation Lawyer with the Legal Experience You Need
As demonstrated by years of successful case outcomes in trials and litigation, the Fairless Law Firm LLC offers outstanding litigation attorney services and is prepared to handle any case. In St. Charles County and the surrounding areas, call 636-317-1292 to speak to a litigation lawyer and review your case.