Timothy R. Brownlee has over 23 years of experience in practicing law. Tim has been a named partner at Waits Brownlee Berger & DeWoskin since 1990. Tim heads up the litigation and commercial law group made up of four lawyers and staff. The group handles litigation, real estate and business formation and transactions for businesses and individuals in both Kansas and Missouri in the Kansas City metro area.
Tim has grown his practice over the last 20 years by providing top tier legal representation to his clients. A law firm is guided and known by the culture of the firm. This firm is defined by a culture of excellence. The lawyers in Tim’s group routinely obtain better than expected outcomes by focusing on always being the most thoroughly prepared lawyer in the courtroom or at the negotiation table. The highest standards of legal work are maintained by continuously incorporating the advantages of new technology with time tested legal methods.
The commercial law group provides all the legal needs of small, medium and large businesses, including business formation, business contracts, commercial transactions, business finance, real property leases, evictions, foreclosures, commercial and residential real estate transactions, intellectual property matters, trademarks, and copyright protection. The group handles cases in the following areas:
Defending property owners in premises liability cases
Real property litigation involving mortgages, foreclosures and liens
The group also has years of expertise and experience in formation of non-profits, tax exemption for non-profits and representing churches.
In all these areas we maintain our commitment to the very highest quality legal representation. We are not the cheapest lawyers in town. We strive to be the best lawyers in town. Our clients are very pleased with the results we produce. We practice in Kansas, Missouri, Colorado, and in federal courts in these states and Chicago, Denver, Saint Louis, and the United States Supreme Court.
Waits, Brownlee, Berger & DeWoskin, Kansas City, MO, Named Partner, 1990 – Present; Attorney, 1989-1990. Senior litigation partner of 8 to 12 attorney firm.Personal responsibility for a wide array of state and federal litigation and trials for the last 17 years. HIGHLIGHTS: » Tried a copyright and trademark infringement case to a jury in Federal Court and was awarded $175,000 in damages and $120,000 in attorneys fees and costs in a case where we had no actual damages or lost sales. » Won favorable jury verdicts in intellectual property, employment discrimination, real estate, personal injury, construction and criminal cases. » Tried many judge and jury trials in state and federal courts in Colorado, Kansas, Missouri, and Chicago, Illinois. »Defeated a challenge of a foreclosure and deficiency judgment in a jury trial, post-trial motions and appeal. » Successfully built and ran a trial and real estate practice. » Managed employees as well as cash flow and finances.Proven ability to attract and retain clients and business. »Handled the sale, acquisition and refinancing of apartment complexes, retail centers, stand alone buildings, commercial Successfully defended a public company’s industry leading, building sites, church buildings and land valued at tens of millions of dollars. » Creatively formulated and executed a transaction where we defeased existing industrial revenue bond financing using U.S. Treasury strips allowing my client to use hundreds of thousands of dollars for years.Structured, negotiated, and closed the deal within 60 days. Law Office of Stephen E. Tinkler, Denver, Colorado. Associate Attorney, 1986-1989.First and second chaired trials in a busy litigation practice in state and federal courts in Colorado, including franchising, white collar crime and personal injury.
United States Supreme Court, U.S. Court of Appeals 8th Circuit, U.S. District Court for Kansas, U.S. District Court W.D. Missouri, U.S. District Court of Colorado, Trial Bar of the U.S. District Court E.D. Illinois, All state courts of: Alaska, Colorado, Kansas, and Missouri. EDUCATION: University of Denver College of Law, Denver, Colorado. Juris Doctor, June 7, 1986. Cumulative GPA 81.5. Class rank 62 of 200. » Articles Editor,Denver Journal of International Law and Policy, 1985 to 1986 and staff member, 1984 to 1985. » Natural Resources Law Society Moot Court , 1986. » Student Law Office, 1985. » President, DU Chapter, Christian Legal Society, 1984-85, member 1983-86. » Research Assistant for Professor Christopher H. Munch, 1984 to 1985. Research for revision of Cases and Material on Government Contracts., Christopher H. Munch. National Session, National Institute of Trial Advocacy, University of Colorado School of Law, Boulder, Colorado, 1990.Selected to participate in the National Session on scholarship.Critique and instruction by nationally recognized trial experts. Advocacy Teachers Training,National Institute of Trial Advocacy, University of Notre Dame School of Law, South Bend, Indiana, 1991. Training for experienced trial lawyers to teach trial advocacy techniques to other lawyers.
Western Michigan University, Kalamazoo, Michigan. Bachelor of Science in Philosophy and History, June 1982. Cum laude. Friedmann Award for Outstanding Senior in Philosophy, 1982. Presidential Scholar in Philosophy, 1981. Scholastic Achievement Scholarships, 1978 and 1979.
AUTHORSHIP & SPEAKING:
Author/Speaker, Keeping the Church Out Of Court.I authored the 69 page monogram and presented this continuing legal education program sponsored by Christian Legal Resources, Inc., on March 21, 2002. The monogram has been distributed separately from the presentation.
Senate Testimony. I testified before a committee of the Kansas Senate on the constitutionality of competing bills.
Guest Speaker – Annual Meeting.I spoke on the Americans With Disabilities Act to several hundred employees of a large real estate client, explaining both the public access and employment provisions of the Act.
Featured Speaker. In house management seminar on managing workers compensation claims for all of the key managers of a large corporate client.
Banks v. Service America Corporation, 952 F. Supp. 703 (D.Kan. 1996). Brewer v. J.A. Peterson Realty Co. of Kansas, Inc., 1994 WL 731520, (D.Kan. 1994). Hartzler v. American Family Insurance Co., 881 S.W.2d 665 (Mo. App. WD 1994). State Ex Rel. Columbus Park Community Council, v. Board Of Zoning Adjustment Of Kansas City, Missouri,864 S.W.2d 437 (Mo. App. WD 1993). United States v. Jones, 2 F.3d 827 (8th Cir. 1993). Child v. Stangler,1992 U.S. Dist. LEXIS 19954 (WD. Mo. 1992). Coonce v. Aetna Life Ins. Co.,777 F. Supp. 759 (WD. Mo. 1991). Collins Industries v. Kansas Dept. Health & Environment, 810 P.2d 748 (Kan. App. 1991). United States v. Hooks, 965 F.2d 1507 (8th Cir. 1992).
A separate list of notable accomplishments in my law practice is following:
NOTABLE TRIAL/LITIGATION EXPERIENCE OF TIMOTHY R. BROWNLEE
♦ Filed, prepared and tried a copyright and trademark infringement case to a jury in Federal Court and was awarded $175,000 in damages by the jury and $120,000 in attorneys fees and costs by the judge, in a case where we had no actual damages or lost sales. ♦Successfully prosecuted a copyright infringement case in Federal Court involving copying and building an award-winning house plan. ♦ Received a favorable $100,000 verdict from a jury in a TMJ personal injury case. ♦ Obtained a favorable jury award in a personal injury matter involving a head injury to an infant in an automobile collision. ♦ Successfully defended a public company’s industry leading, state-of-the-art, patented product in a product liability case in Federal District Court in Chicago, Illinois. ♦Successful prosecution of an ADEA employment discrimination through a jury trial and appeal in the U.S. District Court and the Eighth Circuit Court of Appeals in St. Louis, Missouri; confidential settlement while appeal was pending. ♦ Successful defense of an engineer in a professional negligence case alleging the flawed design of a retention wall that failed in a commercial development. ♦ Prosecuted commercial construction defect case through nine days of arbitration hearings including more than 10 expert witnesses with about $750,000 at stake. ♦Tried a jury trial to verdict in a case contesting the validity of a trustee’s fore- closure sale of real estate and the resulting deficiency judgment. ♦Obtained a jury verdict for 100% of our claimed damages and defeated a sub- stantial counterclaim in a construction defect case. ♦Defense of an apartment complex owner in a premise liability action involving a punitive damages claim. ♦ Successfully sued an insurance company and other parties for damages due to fire damage to an apartment building. ♦ Prosecuted a claim in a class action case for compensation for the use of defective polybutelene plumbing in buildings throughout an apartment complex. ♦Successfully obtained a reversal of the sentence by the U.S. Circuit Court of Appeals for the Eighth Circuit in a federal criminal case I tried to a jury. ♦ Defended property owners in more than 10 housing discrimination cases. ♦Defeated three employment discrimination lawsuits in Federal Court: one summary judgment, one on a motion to dismiss, one dismissed under Rule 11 motion for sanctions. ♦ Defeated a state court employment discrimination lawsuit on summary judgment and defeated the appeal of the judgment. ♦ Successfully prosecuted three Federal wage and hour cases. ♦ Successfully litigated a USERRA case in Federal Court. ♦ Successfully defended a Federal wage and hour investigation of a company resulting in no enforcement action being filed. ♦ Defended an owner and real estate company in a HUD discriminatory advertising case brought by a local housing discrimination organization. ♦ Defended a developer against claims related to changes in subdivision layout and road placement based on traffic safety and engineering concerns. ♦ Prosecuted and defended several mechanics lien cases. ♦ Successfully prosecuted a medical malpractice case against the United States of America. ♦ Successfully prosecuted many personal injury actions to favorable settlements including medical malpractice, auto accident, premises liability, and intentional tort. ♦ Successfully prosecuted a tax refund case against the United States of America in Federal District Court resulting in concession of liability by the United States. ♦Prosecuted a boundary dispute claim against a title company. ♦ Represented commercial property owners in condemnation actions. ♦Represented an officer of a publicly traded company in third party depositions in a patent infringement case. ♦ Successfully prosecuted a property tax refund case against Jackson County, Missouri the in state court resulting in a full refund of taxes plus interest by the county. ♦ Successfully opposed and defeated a rezoning request by a national development company that was part of a hundred million dollar plus development, in hearings before the planning commission and full city council of a local municipality. ♦Defended claims against developer arising from the bankruptcy of a builder in the subdivision. ♦ Represented property owners in Codes Administration matters, before the Board of Zoning Adjustment, and in appeals from BZA rulings. ♦ Represented property owners in litigation and arbitration concerning toxic mold and radon claims. ♦ Represented a publicly traded company in a lawsuit filed by a franchise holder/dealer in Federal court in Colorado. ♦ Prosecuted an ERISA case in the federal District Court for the Western District of Missouri, to a favorable outcome by settlement. ♦ Prosecuted an action against a property management firm related to mismanagement of a high rise apartment community. ♦ Obtained a favorable outcome in federal case brought by a union to recover pension plan benefits from a construction contractor. ♦ Tried several contested estate matters to judges in Missouri and Kansas. ♦ Litigated to reach a favorable settlement in a case against the Department of Treasury before the United States Of America Merit Systems Protection Board. ♦ Have briefed and argued appeals before the courts of appeals of Colorado, Kansas and Missouri and the 8th and 10th Federal Circuit Courts of Appeals. ♦ Successfully prosecuted a professional negligence case against an attorney which resulted in a confidential settlement.
NOTABLE REAL ESTATE EXPERIENCE OF TIMOTHY R. BROWNLEE ♦ Sale of commercial property to a church with an agreement to share development costs for streets and sewers. ♦ Prepare and revise subdivision covenants and restrictions. ♦ Represent developer in disputes arising from the construction of homes that conflict with the subdivision restrictions. ♦ Sale of parking lot out parcel to an international fast food restaurant developer and prepared cross easements for parking. ♦ Sale of commercial property to a public utility for a power sub-station. ♦ Evictions of commercial tenants from retail shopping centers, stand alone buildings, and office parks. ♦ Advised clients on the legality of retrofitting apartment complexes with utility check metering systems. ♦ Advised owners of HUD financed properties on converting their properties to conventional financing. ♦ Represented homebuilders in defective construction cases. ♦ Represented multifamily residential owners in disputes with laundry equipment leaseholders. ♦ Negotiated commercial leases for owners and tenants for retail, office restaurant and church space. ♦ Represented multifamily residential owners in municipal code compliance issues. ♦ Successful prosecution of a claim against a public utility by a real estate developer on a contract for sale of air conditioning equipment. ♦ Prosecuted well over one thousand eviction cases. ♦ Represented real estate clients in state and federal employment litigation. ♦ Made a presentation to hundreds of employees of a real estate firm-client on the Americans with Disabilities Act. ♦ Made a presentation to the managers of a real estate firm on workers compensation claims management. ♦ Prosecution of claim against a subcontractor who built defective retention walls. ♦ Advised clients on entity selection and business organization for real estate investment and management. ♦ Formed corporations, partnerships, limited liability companies and joint ventures for real estate investment and management. ♦ Created solutions to title problems to facilitate closing real estate transactions. ♦ Drafted leases for commercial and residential real estate. ♦ Negotiated the formation and termination of real estate manage- ment contracts. ♦ Advised and represented not for profit tax exempt organizations providing housing to the elderly. ♦ Represented a trustee in selling property held in trust and dis- tributing the trust property and dissolving the trust. ♦ Represented property owners in boundary disputes with adjoining landowners.
*Subject to client confidences, I can supply documentation to support each item listed.