McCarthy, Leonard & Kaemmerer L.C.
314-392-5200

John W. Rourke

John-Rourke

W3Schools.com jrourke@mlklaw.com   
W3Schools.com314-392-5200  
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Publications and Presentations:
Chapter 2, “UCC Article 3—Negotiable Instruments”, MOBARCLE Commercial Law Deskbook (2006) (co-author)

Enforcement of Arbitration Award around the World: An International Survey, Center for International Legal Studies, Steamboat Springs, Colorado, December 2007

What to Do When Construction Projects Go Bad, “Safety Plans and Policies”, Lorman Education Services (January 2008; August 2007)

“Mortgage Broker Bonds”, Fidelity and Surety News (American Bar Association 2007)

“Opening the Door to Discovery of a Surety’s Files in Surety and Fidelity Litigation: Relevancy Considerations in Disputes Involving Surety-Specific Claims and Defenses”, Northeast Surety and Fidelity Conference, Atlantic City, New Jersey 2007 (co-author)

“Twenty First Century Investigation Techniques”, Northeast Surety & Fidelity Claims Conference (September 21, 2006)

“The Use and Misuse of the General Indemnity Agreement,” 16th Annual Northeast Surety and Fidelity Claims Conference, Atlantic City, New Jersey, 2005

“Everything You Need to Know About Mechanic’s Liens; Architect’s, Engineer’s and Other Professional Services Mechanic’s Liens”, The Bar Association of Metropolitan St. Louis CLE (2005) (co-author)

Construction Lien Law in Missouri, “Issues Affecting Payment”, Lorman Education Services (October 2004-2007)(co-author)

“Liquidated Damages: Have the Courts Gone Too Far? Have Upper Tier Contracting Parties Gone Too Far?”, Northeast Surety and Fidelity Conference (2004)

“Dealing with Multiple Bond Claims: The Use of Interpleader by the Surety”, For the Defense (DRI 2004)

Fidelity and Surety Digest , American Bar Association (Ed.)

“Building Regulations”, MOBARCLE, Construction Law Deskbook (2d Ed. 2004)

“Performance, Payment and Bid Bond”, MOBARCLE, Construction Law Deskbook (2d Ed. 2004) (reviewer)

“Surety Bonds”, MOBARCLE, Insurance Practice Deskbook (4th Ed.) (contributor/reviewer)

Illinois Construction Law: What Do You Do When…?, September 2003 (National Business Institute) (co-author)

“Read the Darn Bond—Default, Declaration of Default, Cure Opportunity, Failure of Cure and Contract Termination as Preconditions to Performance Bond Liability”, Northeast Surety & Fidelity Claims Conference (September 18, 2003)

International Letters of Credit: Characteristics and Problems, Center for International Legal Studies, International Construction Law Conference, Steamboat Springs, Colorado, February 2003

Moderator, International Construction Law Conference, “Litigation and Dispute Resolution”, Center for International Legal Studies, Steamboat Springs, Colorado, February 2003

Construction Claims in Missouri, Lorman Education Services (2003)

“Changes and Extra Work”, Let’s Make a Deal: Understanding
Construction Contracts, Bar Association of Metropolitan St. Louis (2002)

“Missouri Public Works Prompt Payment Act” casenote for Spring 2002

Issue of Bonding: Newsletter of the Fidelity and Surety Committee (Defense Research Institute)

Construction Payment Remedies in Missouri, National Business Institute (2002)

“Missouri Prompt Payment Laws Applicable to Construction Projects”, Journal of the Missouri Bar (2002) (co-author)

“Res Judicata & Collateral Estoppel in Surety and Fidelity Bond Cases”, Northeast Surety and Fidelity Conference (2002) (co-author)

Construction Issues in Illinois, Lorman Education Services (2002) (co-author)

“Mechanic’s Lien and Prompt Payment Statutes—The Calendar Speaks!”, MOBARCLE, Real Estate Institute (2002)

“Construction Law Update”, Associated General Contractors of St. Louis, December 2002

“Missouri Construction Bonds”, St. Louis Bar Journal (Fall 2001)

“A Primer on Labor Laws of Interest to the Surety”, 12th Annual Northeast Surety & Fidelity Claims Conference (November 2001)

Missouri Construction Law: What Do You Do When…?, National Business Institute (2000 ed.) (co-author)

The Law of Suretyship: Missouri Law and Practice Pertaining to Construction Bonds and Other Surety Bonds (MOBARCLE 2000) (co-author and moderator)

Ethics in Insurance Defense (MOBARCLE 2000) (moderator of program authored by Douglas R. Richmond)

“A Survey of Prevailing Wage Laws and Their Implications For the Surety”, 11th Annual Northeast Surety and Fidelity Claims Conference, Atlantic City, New Jersey, September 21, 2000

The Legal Professionals Guide to Estate Planning and Probate Issues, Lohrman Education Services 2000 (co-author).

“Missouri Prompt Payment Act”, Missouri Lawyer’s Weekly (August 7, 2000)

Mechanics Lien Law and Strategies in Missouri, National Business Institute (July 14, 1999) (co-author)
“Keeping Crime From Paying: Strategies and Tactics for Recovering Funds From Embezzling Employees”, 10th Annual Northeast Surety & Fidelity Claims Conference, Iselin, NJ, October 1999

“The Fair Credit Reporting Act and Sureties”, 9th Annual Northeast Surety & Fidelity Claims Conference, Iselin, NJ, October 22, 1998.

“The Use of Waiver and Estoppel Against Fidelity Bond Sureties”, 9th Annual Northeast Surety & Fidelity Claims Conference, Iselin, NJ, October 22, 1998.

Advanced Construction Law in Missouri, National Business Institute (1998) (co-author)

Managing Construction Claims and Litigation for the Missouri Paralegal, Institute For Paralegal Education (1998) (co-author)

“Fair Debt Collection Laws and Sureties”, 8th Annual Northeast Surety & Fidelity Claims Conference, Iselin, NJ, November 6, 1997.

“Issues in Litigation By and Against Banks Arising Under the Uniform Fiduciaries Act, Related Provisions of the Uniform Commercial Code and the Related Cases” , 7th Annual Northeast Surety & Fidelity Claims Conference, Iselin, NJ, October 24, 1996.

“Fidelity Coverage: Who is covered?”, Financial Institution Bonds, ABA/TIPS (1992)

“The Duty of the Performing Surety to the Bond Principal and the Indemnitors: Good Faith”, Northeast Surety and Fidelity Claims Seminar, November 12, 1992 (Rocky Hill, CT) (update on Bernard A. Reinert’s previous article for The Forum)

“Calculating Construction Damages”, Defense Research Institute. (contributor)

Commercial Blanket Bond Annotated, ABA/TIPS (supplement) (contributor)

Annotated Financial Institution Bond, ABA/TIPS (supplement) (contributor)

Payment Bond Manual, ABA/TIPS (updated edition) (contributor)

“A Critical Examination of the Federal Acquisition Regulations Related to Sureties”, ABA/TIPS, 1991 Annual Surety Program (co-author)

“Dispute Resolution Clauses in Mergers and Acquisition Agreements”, Center for International Legal Studies, Convocation of Fellows, Montreal, Canada (July 2006) (co-author)

Chapter 4, “Remedies”, MOBARCLE Contracts Deskbook (2007) (co-author)

“The Do’s & Don’ts of Construction Contracts”, Construction Expo 2008

Profile

Partner

John W. Rourke’s practice emphasizes business and commercial law, insurance, fidelity and surety law, construction and real estate law and litigation. Mr. Rourke has a long record of successful results for his clients in both the courtroom as well as in transactional matters. He has given numerous presentations and lectures, is widely published and is very active in professional organizations on a local, state, national and international level. Mr. Rourke is admitted to practice in a number of state and federal courts and is both a mediator and an arbitrator. Mr. Rourke has an “AV” (the highest possible) rating from Martindale Hubbell. In addition, Mr. Rourke is a member of the Million Dollar Advocates Forum and has been selected as a Missouri & Kansas Super Lawyer.

Mr. Rourke clerked for the firm formerly known as Leritz, Reinert & Duree, P.C. Mr. Rourke subsequently became an associate with the same firm, which had become Reinert, Duree & Crane, P.C. Mr. Rourke became partner at that firm, which subsequently became known as Reinert & Rourke, P.C. In 2009, Mr. Rourke and Thomas Niemann left and formed Niemann Rourke, LLC.

Mr. Rourke was born in the Bronx, New York. He received his undergraduate degree from the University of Virginia and his law degree from the University of Missouri, where he was the recipient of the American Jurisprudence Award. Mr. Rourke has taken a number of tax and estate planning courses from the Graduate Tax Program at the Washington University School of Law. He now lives in the suburbs of St. Louis with his wife and four children. He is active in community affairs, charitable endeavors and, among other pursuits, plays and coaches ice hockey.
Reported Cases:

Spirtas Company et al v. Insurance Company of the State of Pennsylvania (8th Cir. 2009)

Lyndon Property Ins. Co. v. Duke Levy and Associates, LLC, 475 F.3d 268 (5th Cir. 2007)

Glass v. First National Bank, No. SC87244 (Mo. En banc 2006)

County of Macon v. Edgcomb, 292 Ill.App.3d 213, 654 N.E. 2d 598, 226 Ill.Dec.84 (Ill.App. 4 Dist., Sep 11, 1997)

Metro St. Louis Sewer Dist. v. Transamerica Insurance Co., 878 S.W.2d 521 (Mo. App.E.D. Jun 30, 1994)

Farm Credit Bank of St. Louis v. Biethman, 262 Ill. App. 3d 614, 634 N.E. 2d 1312, 199 Ill. Dec. 958 (Ill.App. 5 Dist., Jun 10, 1994)

In re Baskowitz, 194 B.R. 839, 35 Collier Bankr.Cas 2d 1078 (Banker E.D.Mo., 1996)

Ken Cucchi Construction Inc. v. O’Keefe, 973 S.W. 2d 520 (Mo. App. E.D., Jul 14, 1998)

In re Estate of Van Praag, 292 Ill.App.3d 213, 684 N.E. 2d 1080, 226 Ill.Dec.84 (Ill.App. 4 Dist., 1997)

In re Heartland Food and Dairy Distributors, Inc., 253 B.R. 32 (Bkrtcy. S.D. Ill. 2000)

Burns Nat. Lock Installation Co., Inc. v. American Family Mut. Ins. Co., 61 S.W.3d 262 (Mo. App. E.D. 2001)

Lewis v. Bellefontaine Habilitation Center, 122 S.W.3d 105 (Mo. App. W.D. 2003)

Education

  • J.D., University of Missouri-Columbia School of Law, 1990
  • B.A., University of Virginia, 1987
  • Washington University School of Law Graduate Tax Program, 1996-1997
  • University of Missouri-Columbia School of Law, Center for the Study of Dispute Resolution, Mediation Certificate, 2004
  • World Trade Center St. Louis University of Missouri-St. Louis Chancellor's Certificate in International Trade Program, 2008

Admissions

  • Missouri, 1990
  • Illinois, 1991
  • United States Supreme Court, 2007
  • United States Court of Appeals, 8th Circuit, 1993
  • United States Court of Appeals, 7th Circuit, 1993

  • United States Court of Appeals, 5th Circuit, 2005
  • United States Court of International Trade
  • United States District Court, Eastern District of Missouri, 1990
  • United States District Court, Western District of Missouri, 1990
  • United States District Court, Southern District of Illinois, 1991

  • United States District Court, Central District of Illinois, 2004

Alternative Dispute Resolution Certifications and Experience:

  • American Arbitration Association, National Roster of Neutrals
  • Pinnacle Arbitration and Mediation Services, Panel Neutral (now non-existent)
  • United States Council for International Business, Registered Neutral
  • Court Approved Mediator for Circuit Courts of St. Louis City and St. Louis County, Missouri; First Judicial Circuit of Illinois
  • Certified Mediator Pursuant to Missouri Supreme Court Rule 17

  • AAA Arbitrator I and II Training
  • Advanced Mediator Training, Association of Missouri Mediators
  • Home Construction Dispute Mediation Training, Association of Missouri Mediators

Past and Present Honors:

Chairman, Missouri Bar Construction Law Committee (2010) Editor, Fidelity and Surety Digest (American Bar Association) Fellow, Congress of Fellows, Center for International Legal Studies Board of Directors, World Link for Law Million Dollar Advocates Forum American Arbitration Association, Construction Law Advisory Committee Defense Research Institute-Fidelity and Surety Law Steering Committee Eighth Circuit Editor, DRI Daubert Newsletter Missouri & Kansas Super Lawyer 2006, 2007

Associations:

American Bar Association, The Missouri Bar, Bar Association for Metropolitan St. Louis, St. Louis County Bar Association, Illinois State Bar Association, Chicago Bar Association, Chicago Surety Claims Association, Missouri Housing Industry Alliance, Surety Claims Institute, National Bond Claims Association, International Business Law Consortium, St. Louis Surety Association, Associated General Contractors of St. Louis, Missouri Athletic Club, Junior Achievement, Citizens Police Academy of Creve Coeur and Town and Country, Missouri Bar Mentorship Program, Bar Association of Central and Southern Districts of Illinois-Rules and Practices Committee, Missouri & Kansas Super Lawyer World Trade Center St. Louis

Contact

  • 314-392-5221