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D 816.360.4140
F 800.836.3183
  • Education
    • J.D., University of Iowa, 2006, with distinction
    • B.B.A., magna cum laude, Notre Dame University, 2003

John Tyner uses his experience to guide clients toward the best possible outcome in every situation. He has extensive experience as a trial attorney, focusing his practice in the following areas: financial and fiduciary litigation, commercial litigation, creditor’s rights, loan enforcement, creditor bankruptcy, and appellate practice. John’s financial and commercial litigation experience includes:

  • Asserting and defending claims for breach of contract and fraud
  • Defending claims of Merchandising Practices Act violations
  • Defending claims of Equal Credit Opportunity Act and Regulation B violations
  • Enforcement and defense of mechanic’s lien claims
  • Defense of product liability and negligence claims
  • Asserting claims for vexatious refusal to pay under a contract of insurance
  • Various other business disputes

In addition to his commercial litigation experience, John has represented numerous creditors in matters, including:  

  • Assisting creditors in their enforcement of loans and repossessing collateral
  • Foreclosing on real property
  • Obtaining judgments against defaulting borrowers and guarantors
  • Lifting the automatic stay in bankruptcies
  • Defending attempts to strip liens in Chapter 13 bankruptcies
  • Bringing lawsuits to find debts non-dischargeable in bankruptcy
  • Defending and prosecuting actions attempting to recover fraudulent and preferential transfers in bankruptcy courts
  • Other actions required to protect a creditor’s rights under its loan agreement

After law school, John worked as a rotating law clerk for the Missouri Court of Appeals – Southern District. His understanding of the appellate practice and procedure assists John in his appellate practice, which includes bringing and defending all types of civil appeals.

John has also successfully passed the CPA examination.

Commercial Litigation
  • First chaired a federal jury trial asserting claims for breach of warranty, breach of an insurance contract, and vexatious refusal to pay under an insurance contract. The parties reached a mutually agreeable settlement prior to verdict.
  • Representation of national corporation in defense against alleged violations of the Missouri Merchandising Practices Act relating the sale of educational seminars. John successfully compelled arbitration of this lawsuit and obtained a favorable settlement on the eve of arbitration.
  • Defended an international medical device manufacturer in 58 separate lawsuits spanning over 5 years against allegations of product liability and negligence.
  • Represented vacation related industries in a number of actions alleging violations of the Missouri Merchandising Practices Act, fraud, and breach of contract.
  • Assisted a client whose merchandise was being counterfeited and sold on eBay. Obtained an ex parte order of the federal court and more than 1,000 counterfeit items and other evidence of the counterfeiting activities were seized. Ultimately, the client obtained a permanent injunction and consent judgment prohibiting the perpetrator from manufacturing, selling, or importing any counterfeit items.
  • Represented a residential real estate developer in an action against an engineering firm for failing to identify a utility easement on the plat. On the eve of trial, John assisted in obtaining a favorable settlement for the client.
  • Represented an employer who was involved in a dispute for commissions, which an employee claimed he was due as part of his employment. John second chaired this in the U.S. District Court for the Western District of Missouri and, near the conclusion of the trial, a favorable settlement was reached.
  • Defense of insurance company in class action lawsuit alleging fraud, breach of contract, and violations of the Missouri Merchandising Practices Act.
  • Represented an international manufacturer in a product liability case. The purchaser was alleging that the manufacturer’s product caused fire to the purchaser’s residence. An equitable settlement was reached during a successful mediation of this matter.

Financial and Fidcuiary Litigation and Loan Enforcement
  • Defended consumer reporting agency client in Eastern District of Virginia putative class action alleging various violations of the FCRA, including allegations of impermissible purpose and unreasonable procedures, as well as allegations of failure to investigate under Section 1681(i) and failure to disclose required information under Section 1681(g). Team filed opposition to motion for class certification and negotiated favorable settlement during mediation before a ruling on class certification.
  • Lead counsel for banking client in a lawsuit seeking to recover in excess of 5 million dollars from guarantors in federal court. As part of this representation, John defended against counterclaims which alleged the banking client had violated the Equal Credit Opportunity Act and Regulation B. The parties reached a favorable settlement on the eve of trial.
  • Successfully obtained a judgment in excess of 10 million dollars against defaulting debtors and guarantors on behalf of a banking client.
  • During a trial in the U.S. Bankruptcy Court for the Western District of Missouri, John successfully defended a creditor and prevented the debtor’s attempt to strip the creditor’s lien in a Chapter 13 bankruptcy.
  • As part of a pro bono representation, John assisted a bankruptcy debtor in discharging 80 percent of her student loan debt. John was part of the trial team, which successfully proved portions of the student loan debt were causing an undue hardship on the debtor.
  • Successfully obtained numerous judgments in favor of lenders for defaults under promissory notes and guaranties.

Appellate Practice
  • During an appeal of a judgment in favor of the client, John drafted a motion to dismiss, arguing that the Missouri Court of Appeals – Southern District should dismiss the case because the opposing party, by voluntarily turning over the property which the judgment awarded to the client, had acquiesced to the judgment and rendered the appeal moot. The Missouri Court of Appeals – Southern District agreed and dismissed the appeal.
  • On appeal, John successfully defended the decision of the trial court to prevent residents opposed to a zoning decision from intervening into a lawsuit which challenged the ability to utilize the referendum process to attack a city’s zoning decisions.
  • Drafted and argued an appeal seeking to reverse the judgment of the trial court relating to a claim for breach of a construction contract.
eAlerts Alerts
March 26, 2015
Publication and Presentations Icon Publications & Presentations
Representing the Debtor in Student Loan Dischargeability Actions
Pro Bono Presentation for the Western District of Missouri
February 16, 2011