Litigation Experience
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Larkin Hoffman Successfully Represents Real Estate Brokerage Firm in Exclusive Leasing Agreement Dispute James Susag and Julie Nagorski successfully represented a real estate brokerage firm in prosecuting its claims that an owner of a multi-unit building breached the exclusive leasing agreement and caused it to suffer significant monetary damages. Following a successful opposition to a vigorous motion for summary judgment, they recently negotiated a settlement of the claims, allowing the brokerage firm to obtain substantial compensation for its damages. TRO Secured A multi-state employer in the professional services industry needed a non-competition agreement enforced in state court. Chris Harristhal secured an order prohibiting a former employee, and his new employer, from working together in the restricted geographic territory despite allegations that the two business were not “competitors” due to different market niches. Larkin Hoffman Represents Lender in Eviction Dispute After Foreclosure Representing a lender after foreclosure of its mortgage against a multi-unit building, Julie Nagorski recently obtained favorable decisions allowing the two remaining occupants to be evicted. Building Owner Compensated for Lost Rent and Inventory Costs James Susag and Julie Nagorski recently obtained an award of substantial damages for the owner of a large manufacturing building following a four-day trial. After service of a writ of recovery, the occupant of the property required several weeks to remove its equipment and inventory. The award compensates the owner for lost rent and inventory costs. Full Compensation for Damages Secured for Contractor in Construction Dispute Rob Stefonowicz secured a very favorable settlement for a contractor client in a contract dispute arising out of a construction project in western Minnesota. Court Issues Decision Favorable to Tenant Facing eviction, a tenant retained Larkin Hoffman attorney Julie Nagorski for representation. Ms. Nagorski presented evidence and arguments showing that the landlord improperly attempted to raise the rent and that the landlord could not evict the tenant on the basis of other claims, which were not included in the eviction complaint and did not amount to material breaches of the lease. Following a trial, the Court accepted the evidence and arguments and issued a decision favorable to the client. Favorable Verdict for Construction of Duluth Western Middle School Larkin Hoffman successfully defended Duluth Public Schools in a lawsuit brought by several citizens who opposed the construction of Duluth’s Western Middle School. Couple Not Liable for Impropriety in Cancelling Contract for Deed A married couple facing potentially significant liability contacted Larkin Hoffman for litigation support. Judicial Decision Determines Substance Abuse Treatment Center an Essential Service During Shutdown Facing loss of funding due to the potential shutdown of Minnesota state government, a substance abuse treatment center contacted Larkin Hoffman. Ordinance Banning Billboard Extensions Ruled Unlawful Property owners opposed to a city ordinance contacted Larkin Hoffman for litigation support. The Minnesota city had attempted to enforce an ordinance banning billboard extensions and a billboard owner had challenged the ordinance in federal district court as unconstitutional and unenforceable because the city adopted it without first discussing its advantages and disadvantages. Resolution of Dispute Over Lease Modifications When a property owner needed litigation support to evict a tenant, the company turned to Larkin Hoffman. The client, who owns and manages properties throughout Minnesota and numerous other states, sought to evict a tenant from its restaurant space in the client’s headquarters for non-payment of rent. Apartment Building Owners Not Liable for Injuries Sustained by Tenant Facing claims of negligence, the owners of an apartment building turned to the Larkin Hoffman real estate litigation team for defense. Summary Dismissal Recovered Possession of Property from Franchisee When a franchisee stopped paying rent owed to the franchisor and breached its obligations under the franchise agreement, the franchisor sought the assistance of Larkin Hoffman. Stolen Confidential Customer List Protected When a business learned that its confidential customer list had been stolen by a former employee and franchisee, the company sought the help of Larkin Hoffman to prevent the use of that list. Successful Verdict for Property Owner in Alleged Illegal Eviction When a commercial property owner was sued by a subtenant alleging an illegal eviction, the owner turned to Larkin Hoffman. Successful Jury Verdict in Transportation Case After battling the Minnesota Department of Transportation for nearly eight years in his attempt to seek just compensation for the client’s land that was taken for a highway project, this client turned to Larkin Hoffman for litigation support. Multi-Million Dollar Settlement Secured for Property Owner in Long-Running Special Assessment/Regulatory Taking Disputes with City of Rochester After five years of litigation, Gary Van Cleve and Rob Stefonowicz successfully settled two lawsuits on behalf of property owner/client Frank Kottschade against the City of Rochester that will result in Kottschade recovering over $5.6 million in cash and development benefits. Court Grants Motion for Summary Judgment Dismissing Premises Liability Claim When a convenience store, with nearly 1,500 locations in the Midwest, was faced with a premises liability claim by a customer, it turned to Larkin Hoffman's litigation team for representation. Real Estate Litigation Attorneys Partner with Volunteer Lawyers Network When Volunteer Lawyers Network sought attorneys to staff a housing clinic for low-income clients, the Larkin Hoffman Real Estate Litigation team signed up to help. School District Prevails in Summary Judgment Motion When a school district was accused by one of its teachers of violating the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA), the school district contacted Larkin Hoffman. Healthcare Client Wins Defense Verdict Faced with claims of sexual harassment, assault and battery, and vicarious liability, a client in the healthcare industry contacted Larkin Hoffman. City Noise Ordinances Citations Dismissed Real Estate Litigation attorneys help a bar owner whose operation was imposed upon by city noise ordinances that were dismissed as unconstitutionally vague, encouraged arbitrary enforcement, and impermissibly conflicted with state law. Court Dismisses Unlawful Eviction Action Brought Against a Landlord A commercial landlord turns to Larkin Hoffman for help in fighting an unlawful eviction action. Arbitrator Refuses to Conditionally Certify Class in Resort Client Wage Case A client facing collective action in a Fair Labor Standards Act case contacted Larkin Hoffman for representation. Advantage Rent-A-Car Fast-Track Bankruptcy Sale to Hertz Advantage Rent-A-Car turns to Larkin Hoffman for assistance during the company’s Chapter 11 bankruptcy. Relief from Supervised Parenting Time A father, who was subjected to limited supervised parenting time with his daughter following questionable allegations by the wife, contacted Larkin Hoffman. Dismissal of Retaliation and Discrimination Claims An employer facing accusations of retaliation and discrimination turned to Larkin Hoffman. Larkin Hoffman’s employment litigation team, led by Chris Harristhal and Julia Halbach, successfully defended this large institutional client against accusations under Title VII and the Age Discrimination in Employment Act. Personal Bankruptcy Litigation An individual facing financial difficulties in connection with a large personal guarantee on a business debt of over $1.3 million turns to Larkin Hoffman for bankruptcy advice. Mortgage Foreclosure Priority Dispute When three large commercial lenders initiated a mortgage foreclosure priority dispute, the defendant turned to Larkin Hoffman. Computer Hacking An Internet Service Provider (ISP) turned to Larkin Hoffman after the ISP had been the target of a penetration by a computer hacker who had gained access to the ISP’s internal domain structure and shared the information by posting it on the Internet and providing the information to a competing ISP. Litigation Opposing Land Development Fees Larkin Hoffman forces settlement from a city on claims of violations of state law and breach of contract arising out of development approvals to which the city sought to attach substantial lot development fees. Appeal of Special Assessments for Public Improvements Homeowners turn to Larkin Hoffman to represent them in special assessment appeals. Breach of Contract in Accounting Firm Dissolution Larkin Hoffman represents a client involved with an arbitration hearing regarding the enforcement of an accounting firm dissolution agreement. Breach of Contract Regarding Custom Built Phone Systems Larkin Hoffman mediates a favorable settlement for a client who purchased, and then experienced problems with, a custom built and designed wireless phone system for its new world headquarters. Breach of Contract for National Petroleum Company Larkin Hoffman successfully defends against summary judgment and mediates a favorable settlement for a national petroleum company that claimed its distributor breached its exclusive contract and sought to reorganize as a new corporation in order to avoid monetary liabilities. Mortgage Fraud and Flipping Larkin Hoffman defends a national title insurance company in federal court in connection with a mortgage fraud and flipping scheme. Breach of Contract Involving Improper Termination Larkin Hoffman represents clients in a jury trial involving the interpretation and performance of a restaurant management contract. Conditional Use Permit Larkin Hoffman pursues conditional use permit for a new telecommunications tower on behalf of a national wireless phone company. Sale of Raw Land Site Along High-Growth Development Corridor A property owner relies on Larkin Hoffman's Real Estate team in the sale of land, including buildings, to a developer for future commercial development in connection with a new freeway interchange. Contract Litigation Larkin Hoffman counsels corporate client on contract dispute. Land Purchase Dispute Larkin Hoffman's Real Estate team member obtains judgment for developer at trial and on appeal. |