Blog

Dan Ellerbrock and David Gregerson recently prevailed on a motion for summary judgment, on behalf of a surety client.  The court’s order held that the surety was entitled to recover from the principal and indemnitors for payments made by the surety to settle claims against payment and performance bonds issued on behalf of a contractor.  The court rejected the contractor’s claims that there were disputes of material fact that required trial and prevented judgment in favor of the surety.  The court also rejected the indemnitors’ arguments that the indemnity agreement was unconscionable, and held that the surety acted reasonably and in good faith in investigating and paying the claims.

Gregerson, Rosow, Johnson & Nilan is pleased to announce that Nicholas Sideras has joined the firm as an associate attorney.  Nick is a graduate of the University of Wisconsin Law School and the University of St. Thomas.  Nick joins the firm after serving as a judicial law clerk to Judge Barbara Hanson of the Minnesota District Court and Judge Randall Slieter of the Minnesota Court of Appeals.

Joe Nilan and Jake Merkel recently prevailed in an appeal to the Eighth Circuit regarding a letter of credit issued to our client.  The Eighth Circuit’s opinion reverses the trial court’s decision that 12 U.S.C. § 1787(c) allowed the National Credit Union Administration Board to repudiate the irrevocable letter of credit with no liability after being appointed conservator of the credit union that issued it.  The Court therefore reinstated our client’s complaint for damages and remanded the case back to the trial court to allow us to continue pursuit of the claim.

David Gregerson, Joe Nilan, and Dan Ellerbrock recently obtained a favorable ruling and opinion from the South Dakota Supreme Court, on behalf of a surety client.  The Supreme Court’s decision upheld a jury verdict in favor of the surety and its bonded contractor against claims brought by the project owner under a performance bond.  Following affirmance of the jury verdict, the project owner also dismissed its claim for bad faith against the surety. 

Although our physical office is currently closed, as we do our part to prevent the spread of COVID-19, we continue to be available and ready to assist all clients with their legal needs (whether related to COVID-19 or not).  Please do not hesitate to contact us, using email, our main office number, or the direct dial numbers listed on each attorney’s profile page.  We remain committed and eager to help.