Southern Financial Group Loan Sale Agreement Litigation. Defense of financial institution against claims arising from alleged breach of loan sale agreement whereby financial institution sold interests in loan portfolio to investment group. Summary judgment granted in favor of financial institution dismissing all claims. Plaintiff appealed, and Seventh Circuit Court of Appeals affirmed decision following briefing and oral argument. (Eastern District of Wisconsin; Seventh Circuit Court of Appeals; 2012-2014.)
DeBartolo Truth-in-Lending Act, Real Estate Settlement Procedures Act Litigation. Defended TILA, RESPA, UCC, and fiduciary duty claims against financial institution. Motion to dismiss granted. (Eastern District of Wisconsin 2012.)
Debit Card Account Overdraft Fee Multi-District Litigation. Defense of financial institution in class action challenging Bank practices for sequencing debit card transactions for the purpose of calculating overdraft fees. (Southern District of Florida 2010-2013).
Castlerock Commercial Construction Litigation. Assertion of tort and contract claims against construction company, principals, and guarantors for multi-million dollar liability. Assertion of fraud claims in adversary action in related bankruptcy. Obtained order of non-dischargeability order following trial. (Milwaukee County Circuit Court, Eastern District of Wisconsin Bankruptcy Court 2011-2013.)
The Commonwealth Fund Litigation. Defense of wrongful death action and other tort claims brought against policy think tank and other defendants. Case dismissed following successful motion to dismiss, affirmed on appeal (Milwaukee County Circuit, Wisconsin Court of Appeals 2007-2009.)
Mrazek Commercial Loan Portfolio Litigation. Prosecution of claims, enforcement of security interests and personal guaranties and defense of lender liability claims on multi-property commercial foreclosure. Settlement via surrender of property and entry of deficiency following evidentiary hearing. (Racine County Circuit Court 2009-2011.)
Matson Lender Liability Litigation. Defense of claims and attempted resurrection of judgment of foreclosure to compel sheriff’s sale. Borrower’s claims and requests for relief reversed by Wisconsin Court of Appeals. (Milwaukee County Circuit Court, Wisconsin Court of Appeals 2012-2014.)
Juza Commercial Foreclosure. Enforcement of security agreements and personal guaranties with commercial borrower. Judgment entered on behalf of financial institution. (Brown County Circuit Court 2012-2013.)
Focus Holdings Litigation. Assertion of breach of contract and extension of personal liability to individual owner of limited liability company defendants following breach of loan sale agreement. Judgment entered in favor of financial institution against company and order piercing the corporate veil extending liability to individual defendants following trial. (Milwaukee County Circuit Court 2010-2012.)
Canopy Financial Litigation. Defense of putative class action against financial institution and holding company arising out of third party Canopy Financial’s misappropriation of HSA funds. Case dismissed following initial discovery and motion to dismiss. (Southern District of Illinois 2009-2010.)
Convenience Store ATM Arbitration. Litigation of Automated Teller Machine Agreement between bank and convenience store chain to enforce exclusivity provisions and revenue sharing arrangement. Case resolved prior to hearing. (American Arbitration Association Arbitration 2012.)
Burris ATM Litigation. Defense of class action against financial institution for alleged violations of the Electronic Funds Transfer Act. Case resolved following enforcement of FDIC’s statutory repudiation and exclusive claims resolution process. (Eastern District of Wisconsin 2009-2011.)
French Family Trust Litigation. Defense of trustee bank against breach of fiduciary duty claims arising from exchange of insurance policies held by trust. Summary judgment granted in favor of bank and award of attorneys’ fees and costs to bank. Affirmed on appeal. (Eastern District of Wisconsin, Seventh Circuit Court of Appeals 2006-2013.)