Dan Gregerson recently won dismissal of a surety bad faith claim in North Dakota district court. Our motion for summary judgment argued that the surety made a good faith and reasonable investigation of the bond claim presented by the plaintiff, and that there was a reasonable basis for denial of the plaintiff’s bond claim. The court agreed and granted summary judgment to our client. The court dismissed the claim for bad faith with prejudice.
Mark Johnson recently presented and published a paper, with the assistance of Dan Ellerbrock, for the ABA Fidelity & Surety Law Committee’s Fall Meeting. Mark and Dan’s paper addresses recent expansions and challenges to the “worthless collateral rule” under financial institution bonds and other fidelity instruments. It also traces the foundations of the worthless collateral rule and predicts new areas where the rule may be applied in the future.
Joe Nilan and James Power recently prevailed on summary judgment on behalf of a real estate agency and individual. The Minnesota state district court agreed that our clients satisfied their duties of disclosure to the buyers of property, or that, alternatively, the buyers had suffered no damages as a result of any facts that were not disclosed. The court granted summary judgment in favor of our clients, and dismissed all claims brought against them, including claims for breach of fiduciary duty, negligent misrepresentation, and fraudulent non-disclosure. The district court also awarded costs in favor of our clients.
Gregerson, Rosow, Johnson & Nilan is pleased to announce that Julie Matucheski has joined the firm as an associate attorney. Julie is a graduate of the University of Minnesota Law School. She joins the firm after serving as a judicial law clerk at the Alaska Supreme Court and the Alaska Superior Court.
James Power was recently published in the Summer edition of Minnesota Defense, the quarterly publication of the Minnesota Defense Lawyers Association. James’ article provides a detailed description of the Minnesota Supreme Court’s decision in Buskey v. American Legion Post #270. James also discusses that decision’s departure from prior case law, its introduction of new criteria for evaluating notice under the Minnesota Dram Shop Act, and its impact on future claims.