Category Archives: Commercial Litigation

Architects Subject to Suit by Homeowners Despite Lack of Contractual Relationship

Architects in California may believe they are immune from a direct lawsuit by homeowners where their only contract is with the builder, and certainly where their contract with the builder disclaims any third party beneficiary rights.  Not so says the … Continue reading

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Miami Jury Rejects $18.6 Million Claim in Asbestos-Related Wrongful Death Trial

On August 3, 2015, after less than 3 hours of deliberations, a Miami-Dade County jury found Caterpillar Inc., and Dana Co. LLC, not liable for the death of a mechanic who died of mesothelioma after allegedly working with asbestos-containing parts … Continue reading

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Architects Subject to Suit by Homeowners Despite Lack of Contractual Relationship

Architects in California may believe they are immune from a direct lawsuit by homeowners where their only contract is with the builder, and certainly where their contract with the builder disclaims any third party beneficiary rights.  Not so says the … Continue reading

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Harder Prevails in HOA Dispute

Foley & Mansfield partner Thomas A. Harder won a victory for the defense in a long running dispute between his client, a Minnesota homeowner’s association, and plaintiff, an adjoining retail association. The plaintiff was a retail association that shared common … Continue reading

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Lamm Bachman Wins in Closely-Held Shareholder Dispute

It was a case of modern-day piracy, in which a minority investor attempted to steal credit for patented technology and take control of a company.  However, Foley & Mansfield Minneapolis partner Lisa Lamm Bachman, assisted by attorney Tessa Mansfield, successfully … Continue reading

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Foley & Mansfield Wins Summary Judgment for City of Fraser

On August 26, 2014, the Macomb County Circuit granted summary judgment in favor of our client, the City of Fraser, in a case brought against Almeda University, an institution with its place of business located in Puerto Rico, in the … Continue reading

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Stellpflug to Present ABOTA “Masters in Trial” Program at DAJV Conference in Berlin

Janet Stellpflug, a partner in the firm’s Minneapolis office, is a featured presenter at the upcoming DAJV Annual Conference on German and American Law in Berlin, Germany. Stellpflug will participate in the American Board of Trial Advocates’ (ABOTA) “Masters in … Continue reading

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F&M Wins Landmark Ruling in TCPA Litigation

In a landmark Court Ruling, the Orange County Superior Court has held in Cynthia Stockwell v. Credit Management, L.P., that in order for a defendant to be subjected to liability under the Telephone Consumer Protection Act (48 U.S.C. § 227 … Continue reading

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Petters Claw Back – Professionals, Check Your Insurance!

To the extent an accountant or attorney is named in a claw back lawsuit by Kelley, with the intend of recovering from said accountant or attorneys’ insurance policy, it is important that the appropriate steps be taken to maximize the ability of those accountants and attorneys to obtain defense costs and settlement funds from their insurance providers. Continue reading

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Update on Insurance Coverage and Appraisal Law in Minnesota; David Quade v. Secura Insurance, 2011 WL 68822 (Minn. Ct. App. Jan. 11, 2011)

The Quade opinion can be interpreted to mean that if there are any coverage issues involved with a claim, such as what caused the damage or whether the damage occurred within the policy period, the Court could require a lawsuit to resolve those issues before compelling the parties to participate in an appraisal, which is meant to be a cost-effective way of resolving disputes between insureds (i.e., homeowners) and insurance companies, without the expense of a lawsuit.
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Petters Scheme Claw Back Claims May Gouge Professionals

Petters Scheme Blog – $36 Billion According to a report recently released by PricewaterhouseCoopers (the “PWC Report”), a total amount of $36 Billion flowed through the various entities that were the result of the Ponzi scheme run by former Minnesota … Continue reading

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MN Non-Compete Law Update – “Independent Consideration” in Schmit Towing, Inc. v. Frovik

In an unpublished opinion, the Minnesota Court of Appeals held that the “independent consideration” rule does not apply outside the employer / employee relationship, and specifically found that it does not apply to independent contractors. Continue reading

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Ideas for Consideration: An Update on Non-Compete Law in Minnesota

Non-competes are enforceable under Minnesota law. Although the law pertaining to non-competes is highly technical and often confusing, so long as the right steps are taken and agreements are carefully crafted, a non-compete can be a very powerful business tool. Continue reading

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Lawsuit Filed in U.S. District of Minneapolis Claims Witness Collusion

A lawsuit was recently filed in the U.S. District Court in Minneapolis by Lakes Entertainment.  It names a New York law firm, former attorneys of that law firm, and a consultant that was a witness in a previous trial as … Continue reading

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Man Sues Pennsylvania for Rejecting His Business Name

A Pennsylvania film maker has recently sued the state after it had turned down his business name.  The film marker tried to form a business under the name of , I Choose Hell Productions. The man says that the business … Continue reading

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