Educational Background
- B.A., Film, Television, and Theatre; Political Science; University of Notre Dame (2005)
- J.D., Washington University in St. Louis School of Law, cum laude (2009)
Representation
- Thomas Avery and Stephen Hoeplinger won a complex litigation matter in Delaware Superior Court, representing a property developer and its principals in a dispute with an investor. After unforeseen issues arose with the property, the investor sued on a personal guaranty given by our clients, attempting to recover for additional funds it put into the development. Avery and Hoeplinger argued that, under the terms of the company’s operating agreement, the investor agreed that if it made extra capital contributions (as was the case here), it would be automatically compensated in the form of an increased ownership percentage of the company. The court agreed, holding that because the investor had agreed to those terms in the operating agreement, it could not recover the extra money it paid into the company under the guaranty. The case is Massandra Capital IV, LLC v. CEAI Aspen Place Manager, LLC, No. N23C-10-136, 2024 WL 3411813 (Del. Super. July 25, 2024).
- Obtaining $300,000 judgment against out-of-state event company that defrauded consumers,
- including full restitution, attorneys’ fees, and civil penalties.
- Obtaining $280,000 judgment in contractor fraud action.
- Obtaining full defense victory for State in $10,000,000 federal civil rights trial.
- Obtaining six-figure summary judgment award for wrongful denial of disability insurance benefits.
- Obtaining six-figure summary judgment award for breach of promissory note.
- Obtaining dismissal of consumer fraud claims against individual client (knocking out treble damages exposure).
- Drafting winning legal briefs in multi-million-dollar arbitration awards in general contractor-subcontractor disputes.
- Successfully obtaining first-ever right to trial by jury in ERISA retirement plan fee lawsuit.
- Second-chairing federal trial that resulted in eight-figure settlement mid-trial.
- Serving as lead associate on multi-billion-dollar securities fraud lawsuit, which resulted in industry-leading favorable settlement.
Published Decisions
- Lapidus v. Life Insurance Co. of North America, 413 F.Supp.3d 867 (E.D. Mo. 2019)
BAR & COURT ADMISSIONS
- Missouri
- Massachusetts
- Eastern District of Missouri
- Western District of Missouri
- District of Massachusetts
- District of District of Columbia
Civic & Community
- Middlesex District Attorney’s Office | Pro Bono Volunteer
- Interfaith Legal Services for Immigrants | Staff Attorney