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Mark F. (Thor) Hearne, II*
November 11, 2011
202.828.3447
thor@arentfox.com
Thor Hearne has earned a national reputation for his work in three areas of legal practice; complex federal and state litigation and appeals, especially matters involving property rights; constitutional law; and election issues. Thor has been counsel to high net-worth families and closely held businesses on wealth preservation and tax and succession planning, and, political and election law.
*Thor is admitted only in Michigan and Missouri. He is supervised by principals of the firm.
Political and Election LawThor is one of the nation’s preeminent political and election law attorneys. Among the highlights of his practice:
- President Bush’s legal counsel in Missouri in 2000 where he won the landmark case Bush-Cheney v. Baker which overturned a trial court’s order holding polls open beyond legal closing time.
- President Bush’s national election counsel in the 2004 presidential re-election campaign where he oversaw more than 75 different lawsuits in state and federal court, including appeals to the US Supreme Court, various state supreme courts, and federal courts of appeal.
- Legal counsel to a number of state and federal officials, including governors, members of the Senate and US House of Representatives and their campaign committees.
- Represented federal and state candidates in successful election contests and recount litigation.
- Counsel for leadership of the US House and Senate in their amicus brief in the landmark US Supreme Court Crawford case and also counsel for Democrat and Republican election officials in separate amicus brief in Crawford.
- Nationally recognized authority in election law, he was advisor to the Carter-Baker Commission on Federal Election Reform and has testified on election law matters before the US Senate, US House of Representatives, US Commission on Civil Rights, and the US Election Assistance Commission.
- Has written numerous articles on various topics of constitutional and election law and has appeared on NPR, CNN, Fox News, and other national media and has been quoted in the Wall Street Journal and USA Today.
Counsel to High Net-Worth Families and Closely-Held BusinessesSince he began his legal practice, Thor has been a trusted advisor to several generations of high net-worth families and closely-held businesses on matters of investment, tax and succession-planning. Thor was recently named one of the Top Wealth Advisors in St Louis. Thor’s work in this area includes:
- Advising families on strategies to preserve wealth for successive generations.
- Working with individuals to establish charitable trusts and other strategies to steward wealth and provide a legacy of family and community philanthropy.
- Representing individuals and businesses in tax disputes before the Internal Revenue Service.
Litigation — Before Federal and State Trial and Appellate CourtsThor is nationally recognized for his practice before state and federal trial and appellate courts. Typical of Thor’s litigation practice is that, in a recent two-month period, Thor argued cases before the US Court of Appeals for the Federal Circuit, the Kansas Supreme Court and the Missouri Court of Appeals. Thor’s argument before the Missouri Court of Appeals was highlighted as part of the Washington University Appellate Advocacy Program and his argument before the Federal Circuit involved a class-action case against the federal government that is of national importance that was recently featured in the National Law Journal. Reported DecisionsThor has more than 20 years experience successfully representing clients in federal and state trial and appellate litigation. Many of these cases involve significant issues of constitutional law in which a state or the federal government is the opposing party. Thor has successfully represented clients before the US Supreme Court, state supreme courts and other trial and appellate courts. The following representative cases illustrate his experience.
- Crawford v. Marion County Election Bd, 553 US 181 (2008). Counsel for leadership of United States Senate and House of Representatives (Senators Mitch McConnell, Robert Bennett, Christopher S. “Kit” Bond and United States Representatives Roy Blunt, Lamar Smith and Vernon Ehlers) as amici curiae before the United States Supreme Court in support of Indiana election officials on issues of federal preemption and the federal Help America Vote Act; and, counsel for group of Democrat and Republican Election Professionals, as amici curiae, in support of Indiana Secretary of State Todd Rokita. (amici curiae).
- Fauvergue, Bright et. al. v. United States, ____ F.3d _____ (Fed. Cir., 2010). (Available here). Counsel in class-action Fifth Amendment taking case brought against the federal government. Successfully overturned adverse decision by Court of Federal Claims. National Law Journal noted this case “could dramatically change the rules for plaintiffs across the country who file big-money class actions against the federal government.” Scarcella, Mike, National Law Journal, “Broken Trails” June 22, 2009. US Justice Department touted the government’s lower court win as one of the DOJ’s most significant accomplishments in 2009. In a unanimous decision issued May 3, 2010 the Federal Circuit overturned the Court of Federal Claims and issued a decision that broadly affirmed the use of class action procedure in cases against the federal government. The Federal Circuit’s broadly written rejection of the Justice Department’s argument is a landmark victory for the plaintiffs in this and more than 30 other pending class action cases. (Audio of the oral argument is available here.)
- Dorothy L. Biery et. al v. United States and Jeremy Pankratz et. al v. United States.102,006 (KS, 2009). Certified question referred to Kansas Supreme Court by US Court of Claims. Amicus curiae, including Kansas Farm Bureau, filed briefs in support due to precedential importance of issue. Argued on October 30, 2009. Argument available. Decision pending.
- Rogers v. United States, ___ Fed.Cl. ___, 2009 WL 4139560 (2009). Counsel for more than 350 Florida property owners in Fifth Amendment lawsuit against federal government for taking property without paying compensation. Court of Federal Claims ruled in favor of Plaintiffs, holding that the Plaintiffs “are entitled to just compensation under the Fifth Amendment.”
- Jack Ladd v. United States, 2009-5010 (Fed. Cir. 2009). Counsel for class of Arizona property owners in Fifth Amendment taking claim against federal government. Pending appeal concerns significant Fifth Amendment issue of whether property owner is entitled to compensation when government totally excludes property owner from land. Decision pending.
- St. Louis Union Station Holdings, Inc. v. Discovery Channel Store, Inc., ___ S.W.3d ___, 2009 WL 4823866, (Mo.App. E.D., 2009). Successful trial and appeal involving a commercial lease dispute. Appellate argument selected for Appellate Advocacy Program at Washington University School of Law.
- Miller v. United States, 67 Fed.Cl. 542 (2005). Counsel for class of Missouri landowners (including municipalities and school districts) in successful Fifth Amendment takings litigation against federal government. Successfully concluded with judgment for Plaintiffs in excess of $8.1 million in total compensation and won landmark decision on rate of interest due property owners under the Fifth Amendment.
- Grantwood Village v. United States, 45 Fed. Cl. 771 (2000). Counsel for Plaintiff, Town of Grantwood Village, in Fifth Amendment takings litigation against United States. Successful verdict for full amount of claim sought and attorney fees and expenses. Decision on government’s liability established significant legal precedent finding United States liable for paying “just compensation” for Trails Act takings of landowners “reversionary” interest in land.
- Lowe v. American Standard (E.D. Mo., 2005). Counsel for Plaintiff (former senior executive) in employment contract dispute. Plaintiff prevailed with verdict in full amount of demand — in excess of $500,000 — after multi-day federal jury trial.
- Bush-Cheney, 2000, Inc. v. Baker, 34 S.W.3d 410 (Mo. App., 2000). Counsel for President Bush and Bush-Cheney presidential campaign in successful emergency appeal overturning trial court order holding polls open beyond legal closing hour. Court of appeals decision established significant election law precedent.
- Corbett v. Sullivan, 202 F. Supp. 2d 972 (E.D. Mo. 2002). Lead counsel for Plaintiffs in the successful federal civil rights redistricting litigation of St. Louis County, Missouri. Represented individuals including minority plaintiffs and worked closely with the local NAACP in achieving a successful reapportionment of St. Louis County government. Counsel for the NAACP said, “[Mr. Hearne carried] the burden of a substantial amount of the NAACP’s case…. [Mr. Hearne] provided great help to counsel for the NAACP during this fast-paced redistricting litigation. [And Mr. Hearne took] the leading role in this action and in incorporating the NAACP’s objectives.”
- McCurdy v. St. Luke’s Episcopal Presbyterian Hospitals, 265 S.W.3d 286, (Mo.App. E.D., 2008). Successfully represented property owner in trial court and court of appeals by preventing condemnation of private road easement across property owner’s land.
- In re Request for Advisory Opinion Regarding Constitutionality of 2005 PA 71,479 Mich. 1, 740 N.W.2d 444, Mich., July 18, 2007 (NO. 130589). Counsel for amicus curiae before Michigan Supreme Court in support of constitutionality of provision of Michigan election statute.
- McNary, v. Akin, Cause No: 00CC-002969, (Cir. Ct. St. Louis Cty, Div. 10, 2000). Counsel for US Congressman Todd Akin in successful defense of primary election recount challenge.
Testimony Before Congress and Federal Agencies
- United States Commission on Civil Rights — Testimony on Voter Fraud and Voter Intimidation, October 10, 2006.
- Testimony before US Senate Judiciary Committee, Subcommittee on Constitution, Civil Rights and Property Rights, July 2006.
- Testimony before US House Administration Committee, March 21, 2005. The Help America Vote Act and the 2004 Presidential Election.
- Testimony before Federal Election Assistance Commission, December 7, 2006.
- Academic Advisor — Commission on Federal Election Reform (“Carter-Baker Commission”), 2005.
Publications, Presentations and Recognitions
- “The Missouri Voter’s Protection Act — Real Election Reform for All Missouri Voters,” Bar Association of Metropolitan St. Louis — St. Louis Lawyer, June 2006.
- “The New Federal Lobbying Regulations, and What In-House Counsel Need to Know About Them,” Bloomberg Corporate Law Journal, Vol. 3, Winter 2008.
- “Is There Life after the Clean-Air Act,” In-Form: Journal of The American Oil Chemists Society, May 1995.
- “Legal Aspects of Doing Business in Missouri, Kluwer & West,” Chapter on Missouri and annual updates, Doing Business in North America Series, July 1990.
- “Missouri Tightens Regulations of Underground Storage Tanks,” St. Louis Business Journal, April 1991.
- “When Retirement Homes are Ad Valorem Tax Exempt,” Missouri Bar Journal, May-June 1994.
Life Beyond the LawThor is a private pilot and sailor. In the summer, he and his family enjoy any opportunity they have to escape to northern Michigan, where Thor grew up. Thor and his brother are active in efforts to preserve the unique character of the last undeveloped beach front property in their northern Michigan community.
Bar and Court Admissions
- US Court of Federal Claims
- US Court of International Trade
- Supreme Court of the United States
- US Court of Appeals, 8th Circuit
- US Court of Appeals, Federal Circuit
- US Court of Appeals, 2nd Circuit
- US Court of Appeals, 7th Circuit
- US Court of Appeals, 6th Circuit
- Supreme Court of Missouri
- Supreme Court of Michigan
EducationWashington University School of Law , JD Washington University , BA ( 1983 )
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