David Hamilton

David T. Hamilton, Esq.

JAMS Mediator, Arbitrator and Referee/Special Master


Case Manager
Hayley Prager
T: 314-326-4769
190 Carondelet Plaza, Suite 1100, St. Louis, Missouri 63105

David T. Hamilton is available to conduct cases virtually. JAMS is equipped to provide virtual ADR services on a variety of online platforms, including Zoom, Microsoft Teams, WebEx, and more.

Biography

David T. Hamilton, Esq., joined JAMS in 2022, bringing more than 40 years of comprehensive client counseling and representation experience. Mr. Hamilton has served clients in the commercial, government, nonprofit and personal/private sectors, providing them with strategic business counsel, litigation advice, first chair representation at trial and in dispute resolution, commercial contracting and risk management. His clients trust him as an insightful, highly ethical, collaborative and results-oriented advisor who provides sound advice. He is the ultimate “utility player” who can easily serve as a dedicated neutral observer and agent of reality and objectivity.

Mr. Hamilton has decades of proven ability in commercial and civil litigation, business and strategic advice, government and administrative law practice, as well as eminent domain and property condemnation. His years of being on the various sides of different transactions, litigation matters and non-litigation disputes provide perspective, insight and wisdom that enable him to guide dispute resolution in a practical manner. Mr. Hamilton is experienced in mediation, both as a party representing plaintiffs and defendants and as the mediator. His mediation practice has focused primarily on commercial dispute resolution, lender liability and financial services claims, as well as real estate, probate and employment law disputes.

Mr. Hamilton is recognized in the 2021 edition of The Best Lawyers in America for eminent domain and condemnation law as well as municipal law, and is also recognized by the Martindale-Hubbell Law Directory for having achieved “the highest level of legal ability” and “very high adherence to the professional standards of conduct, ethics, reliability and diligence.” These recognitions are evident in his strong and enduring client relationships.

Mr. Hamilton’s dispute resolution style is to listen carefully, to seek to understand each party’s bona fide motivations and desired outcomes, and to exercise patience to help the parties work through the dispute resolution process and seek an outcome that the parties believe is acceptable and reasonable.

Representative Mediations

  • Conducted 12 mediations of disputes regarding mortgage lending
  • Mediated an employment discrimination/wrongful discharge matter
  • Mediated several matters involving breach of commercial leases and resulting damages
  • Mediated a case involving a family dispute surrounding distribution of guardianship assets
  • Mediated a probate court dispute involving interpretation of will and decedent’s intentions
  • Mediated a wrongful termination claim brought by former police officers
  • Mediated a shareholder derivative suit involving a claim that a subdivision trustee association had improperly adopted bylaw modifications to relieve it from the obligation to pay assessments on lots controlled by the association
  • Mediated a breach of contract suit brought by a supplier against a customer who had requested the design of a distribution system for a trucking business

Representative Matters

Litigation: Commercial and Civil Rights

  • Represented a national mortgage company in over 300 cases involving allegations that loans were improperly originated, that there were errors in loan servicing and that there were improper foreclosure actions
  • Represented a commercial office building owner plaintiff in a claim against a title company for failure to properly identify existing leases, which affected the ability to continue to lease portions of the building for outdoor advertising signs
  • Lead counsel defending a local business owner’s civil rights claim that he was wrongfully arrested and detained as a result of a disturbance at his business
  • Lead counsel defending a wrongful termination claim by two police officers who had been dismissed after attending a party at which they knew underage people were consuming alcohol
  • Represented a national linen supply company in a claim brought by a chain of nursing homes claiming the company’s adult diapers had caused injury to residents
  • Lead defense counsel in litigation involving a claim against a local casino operator for trademark and unfair competition claims arising from use of a similar restaurant name
  • Defended a local businessperson in a claim brought by a debt aggregator that had purchased promissory notes originally executed by the client that were acquired following the failure of the bank and acquisition of the assets by the FDIC

Personal Injury and Civil Litigation

  • Represented the plaintiff in litigation against a trucking company and driver as a result of injuries sustained in a rear-end collision
  • Represented a trading card collector in a suit for fraud in connection with misrepresentations made regarding limited issuance of collectable playing cards for a hockey player
  • Represented the plaintiff in litigation against a building owner as a result of injuries sustained when a door-closing mechanism fell on the plaintiff, causing long-term brain injury and diminished capacity
  • Represented homeowner plaintiffs in a construction defect case that also involved claims of fraudulent misrepresentation that ultimately caused failure of the residence’s foundation
  • Represented partners in a law firm in a dispute with a former partner regarding the distribution of assets
  • Represented a nationwide convenience store operator in a series of lease disputes
  • Served as local counsel for a major national bonding company in a claim brought by a construction contractor alleging that a bond claim had been improperly resolved
  • Extensive representation defending a local engineering company in claims involving design work performed by the client

Construction

  • Represented a material supplier in a case involving alleged failure of a sanitary sewer pipeline for which over $12 million in damages was sought
  • Represented a local HVAC commercial contractor in various claims involving allegations that work resulted in damages to the client’s property
  • Represented a local RV park operator in a claim against construction company and subcontractors related to faulty construction and failure to complete construction pursuant to approved plans

Eminent Domain

  • Managed property acquisition of a sanitary sewer treatment plant, including pre-condemnation property acquisition negotiations and filing and prosecuting condemnation cases
  • Successfully drove land acquisition and land redevelopment for roadway improvement projects in multiple cities
  • Coordinated and administrated 36 landowner compensation cases for temporary and permanent rights-of-way acquired to install and maintain a high-pressure natural gas pipeline
  • Represented cities in a condemnation suit involving construction of a new roadway that crossed an undeveloped portion of a cemetery
  • Represented a local parking lot operator whose property was being acquired

Municipal Representations

  • Defended a Missouri city in a claim brought by a disgruntled bidder claiming irregularities in the bidding process for waste disposal services
  • For several years, served as legal counsel to a County Boundary Commission in connection with its obligation to oversee boundary adjustments, annexations and municipal incorporations, including public meetings, administrative proceedings and dispute resolution
  • Represented a city in a claim brought by the prime contractor who sustained injuries on premises in the contractors’ performance of construction of the new City Hall building

Arbitration

  • Served as one of three arbitrators in a major condemnation action involving acquisition of property for a commercial development

Memberships and Affiliations

  • Member, Association of Attorney-Mediators, 2014–present
  • Member, American Bar Association, 1979–present
  • Member, The Missouri Bar, 1979–present
  • Member, St. Charles County Bar Association, 1979–present
  • Chairman of the Board, St. Peters Chamber of Commerce, 1997
  • President, St. Charles County Community College Foundation, 1997–1998
  • Member, Executive Board, Centennial Bank, 1995–1996
  • President, Sunrise Rotary Club of St. Charles, 1994–1995

Selected Awards and Honors

  • The Best Lawyers in America for Eminent Domain and Condemnation Law, Best Lawyers, 2008–2021
  • The Best Lawyers in America for Municipal Law, Best Lawyers, 2010–2021
  • Lawyer of the Year, Municipal Law – St. Louis, Best Lawyers, 2014
  • Hamilton Weber LLC, 1999–2022
    • Managing Partner, 2010-2022
    • Member, 1999–2010
  • Managing Partner; Schoeneberg & Hamilton, L.C.; 1993–1999
  • Gallop, Johnson, Neuman, L.C., 1984–1993
    • Partner, 1991–1993
    • Associate and Member, Management Committee, 1984–1991
  • Associate; Guilfoil, Petzall & Shoemake; 1982–1984
  • Associate; Hannegan, Knight, Kennedy, Schoeneberg & Weber; 1979–1982
  • J.D., University of Missouri – Columbia School of Law, 1979
  • B.A., University of Missouri, 1973

Counsel Comments

    • “You take people as far as they will go, not as far as you would like them to go.”
      Member of the United States House of Representatives
    • “I think you all did a phenomenal job, and you now know me well enough to know I don't throw around fake superlative compliments. I've worked at big firms and worked with and against a lot of big-firm attorneys in my various legal lives, and I think the quality of your entire operation totally measures up to what those much larger firms pride themselves on providing.”
      Senior Litigation Counsel and Vice President of a Multinational Financial Services Firm

News

Events

Practice Areas

  • Banking
  • Business & Commercial
  • Construction
  • Construction Defect
  • Employment Law
  • Estates/Probate/Trusts
  • Governmental/Public Agency
  • Personal Injury/Torts
  • Professional Liability
  • Real Estate & Real Property

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

Hamilton_David_GeneralBiography_