Tony Flattum v. Pro Tech Restoration, Inc. and Brian Jovan
Client Issue
Anthony Ostlund’s client, Tony Flattum, entered into an oral promise to share the profits of a new storm restoration business. After several successful years, the defendants fired Flattum and refused to pay Flattum his share of the profits.
Anthony Ostlund Approach
Anthony Ostlund initiated a lawsuit on behalf of Flattum. Throughout the protracted litigation, Anthony Ostlund navigated thorny legal issues, defeated defendants’ attempt to overcome Flattum’s claims at summary judgment, and successfully got defendants’ counterclaims and third-party claims dismissed. Following a four-day trial, the jury awarded Flattum all of his requested damages.
After the trial court denied the defendant’s post-trial motions to overturn the verdict, the defendant appealed. The Minnesota Court of Appeals affirmed the trial court’s post-trial orders in their entirety, effectively upholding the jury’s verdict for Flattum. The Minnesota Supreme Court denied defendant’s petition for certiorari, but the fight was not over.
Defendant exhausted his appellate rights and lost at every turn. As a last resort, defendant filed for bankruptcy rather than pay the $1 million judgment. Anthony Ostlund aggressively represented Flattum as a creditor in the bankruptcy and filed an adversary proceeding against the debtor. After the bankruptcy court denied the debtor’s motion to dismiss the adversary complaint from the bench, the parties agreed to mediation where they successfully negotiated a settlement agreement, guaranteeing significant payment to our client.
Result
Anthony Ostlund had the winning legal strategy at every level. Flattum won at the district court and the court of appeals. Even when the defendant attempted to avoid his obligations through bankruptcy, Anthony Ostlund took action, filed an adversary complaint in bankruptcy court, and ultimately negotiated a significant settlement agreement.
