Experience/Cases/Verdicts/Decisions
Kelley v. BMO Harris Bank N.A., Case No. 19-cv-1756 (WMW) (D. Minn.) (jury verdict 11/8/2022)
The evidence Joe and the team presented at trial in federal court before Judge Wilhelmina Wright showed that M&I repeatedly ignored warning signs of fraud and money laundering and allowed Petters to run his scheme through the M&I branch. After the monthlong trial, the jury found BMO liable for aiding and abetting breaches of fiduciary duty and awarded compensatory damages of approximately $484 million and $79.5 million in punitive damages, resulting in the largest jury verdict in Minnesota history. With prejudgment interest, the total award may swell to over $1 billion.
Sidney A. Goodman Revocable Trust, u/a/d December 16, 1985 as amended, Court File No. 27–TR–CV–16–14 (Decision 4/27/2020)
After a 21-day trial, Joe successfully obtained a defense verdict for the trustee of a Charitable Lead Annuity Trust who had been accused of breaching his fiduciary duties by beneficiaries who were seeking $45 million in damages and operating control of entities worth more than $300 million.
Cardiovascular Systems, Inc. v. Cardio Flow, Inc., USDC MN 18–CV–1253 (2020)
Joe recently successfully obtained on summary judgment a complete dismissal of all the plaintiff’s claims that the firm’s client wrongfully interfered with or otherwise breached a host of claims relating to the plaintiff’s patented atherectomy device.
J.T.R. v. Merrill Lynch Pierce Fenner & Smith Inc., FINRA Case No. 18–03461 (November 4, 2019)
Joe successfully obtained an award of $ 3,750,000 and expungement of the U–4 for a former Merrill Lynch financial advisor who was wrongfully terminated and defamed by his employer.
Morgan Stanley Smith Barney, LLC vs R.J., FINRA Case No. 13–02892 (December 1, 2016)
Joe successfully defeated the investment bank’s efforts to recover on a $2 million promissory and obtained an award of $1,200,000 on behalf of the financial advisor for the investment bank’s breaches.
Chubboy v. Best Buy Inc., No. A12–2328, 2013 WL 5022194 (Minn. Ct. App. Sept. 16, 2013)
Joe successfully represented Best Buy against a former employee who alleged that he was terminated for making numerous whistleblower allegations related to his employment. The plaintiff’s complaint was dismissed on summary judgment and affirmed on appeal.
Toretta v. Lachinski, No. A12–0779, 2013 WL 491523 (Minn. Ct. App. Feb. 11, 2013)
Joe successfully obtained a defense verdict after a bench trial on behalf of two shareholder directors against a minority shareholder who alleged that the director-shareholders of the closely held corporation breached their fiduciary duties.
Katherine Knutson v. RBC Dain Rauscher, Inc., FINRA Arbitration No. 07–02229 (March 11, 2009)
Joe represented a Twin Cities veterinarian who sued RBC to recover losses sustained in an investment account as a result of RBC’s mismanagement and negligence. After a three week arbitration, the panel awarded $5.6 million in damages.
PDG, P.A. v. PDHC, Ltd., Nos. 27–CV–06–2500, 27–CV–07–13030 (Minn. Dist. Ct. Dec. 13, 2007)
In December 2007, Joe was lead trial counsel in obtaining a $120 million jury verdict after a five week jury trial on behalf of PDG, P.A. against American Dental Partners, Inc. on unfair competition, breach of contract, fiduciary duty and tortious interference claims. Of the $120 million award, $84 million was for actual damages and $36 million was for punitive damages.
Miller Johnson Steichen Kinnard, Inc. v. Northland Sec., Inc., NASD Arbitration No. 02–06736 (Sept. 13, 2004)
Joe obtained a $10 million arbitration award on behalf of MJSK against Northland Securities, et al, in a case involving claims of breach of fiduciary duty and unfair dealing.
Arthur Andersen LLP v. Dept. 56, Inc., No. 27–CV–00–012812 (Minn. Dist. Ct. Feb. 2, 2002)
This was a significant case involving the defendant’s failure to properly supervise the installation of an ERP. Joe represented Department 56. The matter was resolved by settlement with Arthur Andersen paying a substantial amount of money. According to the public filings of Department 56, the settlement was in the amount of $12 million.
John G. Kinnard & Co. v. Dain Rauscher, Inc., No. CT 00–351 (Minn. Dist. Ct. Aug. 15, 2000)
Joe represented Kinnard in obtaining the then largest arbitration award for “raiding” in NASD history against another member firm. The award of $16 million included $9 million in compensatory damages and $7 million in punitive damages arising out of a “raiding” claim between two members of the investment securities industry.
Dept. 56, Inc. v. J.D. Edwards & Co., AAA Arbitration No. 65–117–00150–03 (Nov. 13, 2003)
Joe successfully represented Department 56 in obtaining a multi-million dollar settlement against a software manufacturer in connection with the implementation of an ERP.
Knelman v. Inv. Advisors, Inc., No. CO–01–353, 2001 WL 1035144 (Minn. Ct. App. Sept. 11, 2001)
Joe obtained for the firm’s client a $2.4 million jury verdict in an employment dispute between an executive and an investment banking firm.
Butwinick v. Minn. Oncology Hematology, P.A., No. C4–99–1861, 2000 WL 1051983 (Minn. Ct. App. Aug. 1, 2000)
Joe obtained a $2.2 million jury verdict on behalf of two physicians against their fellow shareholders involving violation of their rights as shareholders.
Dominium Mgmt. Servs., Inc. v. Nationwide Hous. Group, 195 F.3d 358 (8th Cir. 1999)
In a $25 million breach of contract/tortious interference claim against one of the firm’s clients (Dominium), Joe successfully obtained a jury verdict of no liability for his client. (One of the other defendants in the case, not represented by Joe, had a jury verdict against it of $21 million).
Woods v. Advance Circuits, Inc., No. C8–98–475, 1998 WL 551918 (Minn. Ct. App. Sept. 1, 1998)
In a case involving numerous statutory and common law claims of discrimination and wrongful termination, Joe successfully defended Advance Circuits (a division of Honeywell Inc.) in obtaining a jury verdict absolving the Company of any liability.
Roberts v. Prudential Sec., Inc., NASD Arbitration No. 9602127 (Dec. 5-7, 1997)
Joe obtained a $2.5 million judgment against a securities brokerage firm, Prudential Securities, Inc., using the “well-managed account theory.”
