Representative Work:

Client:

Ronald Zebeck

Description:

Former CEO of Metris Company was terminated.  Zebeck claimed he was entitled to benefits under his Change of Control Severance Agreement.  The Company denied that any money was owed and counterclaimed that Zebeck owed several million dollars to the Company.  The case was tried in Hennepin County in August – September, 2006.  The jury returned a verdict of $30,000,000.00 for Mr. Zebeck.  In post trial motions, the court added an additional $22,000,000.00 to the verdict for interest and attorneys’ fees which were permitted under the Change of Control Severance Agreement to the prevailing party.

Attorneys:

Lewis A. Remele, Jr., Frederick E. Finch, Boyd H. Ratchye (retired)

Representative Work:

Client:

Farmers Group, Inc.

Description:

Alleged violation of state law and Fair Credit Reporting Act, involving recent Supreme Court decision, Safeco v. Burr, 127 S. Ct. 2201 (2007). Summary judgment motion is pending.

Attorneys:

Lewis A. Remele, Jr. and Christopher R. Morris

Representative Work:

Client:

Consumer Data Industry Association

Description:

The Consumer Data Industry Association sought a declaration enjoining the Minnesota Attorney General from enforcing a new Minnesota statute on grounds of federal preemption, because it prohibited transactions expressly permitted by the Fair Credit Reporting Act.

Successful result for client - Consumer Data Industry Association v. Lori Swanson in her official capacity as Attorney General of the State of Minnesota, 2007 WL 2219389 (D. Minn. July 30, 2007)

Attorneys:

Lewis A. Remele, Jr. and Christopher R. Morris, along with Anne Fortney and A. James Chareq, Hudson Cook, LLP, 1020 19th Street, NW, 7th Floor, Washington, DC 20036, 202-223-6930, Fax: 202-223-6935, jchareq@hudco.com

Representative Work:

Client:

U.S. Bank

Description:

Bassford Remele attorneys successfully defended U.S. Bank in its capacity as a corporate trustee against claims of breach of trust, breach of fiduciary duty, and claim for surcharge brought by two trust beneficiaries who alleged that upon their mother’s death, her estate paid millions of dollars in excessive estate taxes.  Claims were brought in eleven separate trusts.  Many of the claims were resolved in favor of U.S. Bank on summary judgment.  The remaining claim - that U.S. Bank should have created a family limited partnership in order to reduce estate taxes - was tried in a 10-week bench trial before the Honorable Margaret M. Marrinan in Ramsey County District Court.  On April 25, 2007 Judge Marrinan issued a 180-page Order, including voluminous findings of fact and conclusions of law, holding that U.S. Bank fully complied with its fiduciary obligations to the beneficiaries.

Attorneys:

Alan I. Silver, Robin Ann Williams, and Paula M. Semrow

Representative Work:

Clients:

Minnesota Hospital Association; Minnesota Medical Association; American Medical Association

Description:

In the case of Larson v. Wasemiller, the Minnesota Supreme Court reversed the Minnesota Court of Appeals and recognized for the first time that a patient may sue a hospital for the hospital’s decision to credential a physician.  Bassford Remele represented the interests of three key amici in the briefing to both the Court of Appeals and the Supreme Court.  Although the Supreme Court held contrary to our position (which had been supported by the Minnesota Court of Appeals in which the firm represented the same parties), this is a landmark decision in Minnesota as it not only recognizes a new cause of action but also creates a difficult dynamic between the confidentiality of Minnesota’s Peer Review Statute and this cause of action.

Attorney:

Mark R. Whitmore