Summary Judgment Affirmed, Dismissing $200M claim
Brooke was lead trial counsel for an AmLaw 200 law firm facing charges of malpractice and related torts in federal court in connection with their representation of a telecommunications company in Minnesota. The case – brought by the principals of a Mexican company – sought more than $200 million in damages. Brooke immediately developed a deliberate discovery strategy to prove that the plaintiffs lacked standing or an attorney client relationship with her clients. The federal district court agreed and granted summary judgment in 2019. The Eighth Circuit Court of Appeals affirmed the ruling in 2021. See Azarax v. Syverson, 990 F.3d 648 (8th Cir. 2021)
Success in Defense of Professionals
Since 2013, Brooke has successfully represented a number of law firms and attorneys facing malpractice and other employment related claims. Brooke works with her attorney clients collaboratively to find solutions that work for them personally and professionally. In 2014, Brooke won summary judgment in favor of professionals who had been sued by a former client for professional negligence. The decision was upheld in 2016 by the Minnesota Court of Appeals. See Bell v. Leonard Street & Deinard P.A., et al., No. A15–1311, 2016 WL 1724274 (Minn. App. Ct. May 2, 2016)
In 2015, Brooke obtained a complete dismissal, in arbitration, of claims for breach of a partnership agreement as well as other tort and contract claims brought against a law firm by its former partner. In 2017, Brooke obtained a settlement on behalf of her clients which contained an agreement of no professional malpractice. In 2020, Brooke resolved a malpractice claim and two employment discrimination claims – the employment claims before filing, the malpractice claim before trial – to the satisfaction of her attorney clients.
Shareholder and Private Company Disputes
Brooke has represented a number of family–owners, shareholders, and private company executives in connection with closely-held company ownership and employment disputes. She combines a creative, collaborative approach with a deep understanding of the intricacies of Minnesota law to help her clients navigate these issues in the most efficient way possible. As a result, many of these cases – some of which involved multiple millions of dollars - have been resolved favorably before trial; some have even been resolved prior to the filing of a Complaint.
Dismissal of Whistleblower Claim
Brooke won summary judgment in favor of a Fortune 100 Company against a plaintiff claiming to be a whistleblower under Minn. Stat. § 181.932. The decision was affirmed on appeal. Chubboy v. Best Buy Co. Inc. et al., No. A12-2328, 2013 WL 5022194 (Minn. App. Ct. Sept. 16, 2013)
Dismissal of $1 Million Contract Claim
Brooke obtained dismissal, before discovery, of a multi-million dollar breach of contract claim brought against Best Buy in federal court in the District of Minnesota. A former executive claimed that he was entitled to an incentive payment years after he had left his employment. Brooke argued that the contract did not allow for the relief requested and the district and appellate courts agreed. Gorog v. Best Buy Co., Inc. et al., 760 F.3d 787 (8th Cir. 2014)
Verdict for Plaintiff in Contract Case
Brooke was lead trial counsel in a jury trial on behalf of the late Marion Levine to collect outstanding principal, interest and attorneys’ fees in connection with a promissory note. Ultimately, the jury found in favor of Brooke's clients and awarded damages. Robert L. Larson, Personal Representative for the Estate of Marion Levine v. Rebecca and Bradly Caron (Hennepin County District Court, January 2014).
Successful Defense in FINRA Arbitration
Brooke has also successfully defended her client, Piper Jaffray, as lead counsel against claims brought by a former broker in a FINRA arbitration.
Dismissal of Putative Class Action Against Minnesota Landlord
Brooke obtained dismissal of a putative class action against Anthony Ostlund’s client, a Minnesota landlord, who had been sued for allegedly violating a Minnesota statute governing the billing of utility fees to tenants. The district court kept a portion of the claim alive at the district court after a motion to dismiss and the client appealed. In a published decision issued in 2015, the Minnesota Appellate Court affirmed the district court’s dismissal of part of the claim and directed the district court to dismiss the remaining part of the claim – a decision soundly in favor of Anthony Ostlund’s client. Persigehl et al. v. Ridgebrook Investments Limited Partnership et al.
Dismissal of Contract Claims In Connection with Merger
Brooke obtained dismissal of contract claims as well as claims for breach of fiduciary duty and unjust enrichment on behalf of majority shareholder of acquired company who served as Shareholders’ Representative in a merger. The decision was affirmed on appeal.
Dismissal of Contract and Fraud Claims related to a Contract for Deed
Brooke’s clients, the owners of a storage facility, came to her in early 2015, to handle claims and amended claims brought against them in federal court by a former tenant. Brooke took command of the case and moved to dismiss all of the counts against her clients with prejudice. In early 2016, a federal judge agreed and dismissed every one of the claims against Brooke’s clients with prejudice.
Successful Negotiation of a Health Care Contract Dispute
In 2015, Brooke helped her client, a premier mental health care provider in Minnesota, achieve a beneficial resolution of an ongoing contract dispute with one of its insurance payers.