Timothy D. Kelly, P.A.
3720 IDS Center 80 South Eighth Street
Minneapolis, MN 55402
Phone: (612) 349-6171
Fax: (612) 349-6416

Commercial and Business Law

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Alleco, Inc. v. IBJ Schroder Bank & Trust Co., 745 F. Supp. 1467 (D. Minn. 1989) (contract interpretation)

Barclay Square Properties v. Midwest Fed. Say. and Loan Ass’n of Minneapolis (letter of credit dispute)
935 F.2d 157 (8th Cir. 1991)
894 F.2d 968 (8th Cir. 1990)

Butler Gen. Store, Inc. v. Binger, 1994 WL 6854 (Minn. Ct. App. Jan 11, 1994) (fraud regarding commercial lease)

Crosstown Holding Company et al. v. Associated Banc-Corp., No. A-05-2317, 2006 WL 2405835 (Minn. Ct. App. Aug. 22, 2006) (dispute over sale of bank branches; tort claims; collateral estoppel)

Dominium Austin Partners, LLC v. Lindquist, 2001 WL 950085 (Minn. Ct. App. Aug. 21, 2001) (enforcement of arbitration clause concerning limited partner’s California law claims of breach of contract, wrongful interference with contract, breach of fiduciary duty, and unfair business practices)

ETM Graphics, Inc. v. City of St. Paul, 1992 WL 61394 (Minn. Ct. App. 1992) (breach of contract; lost profits)

Federal Deposit Ins. Corp. v. Swager, 773 F. Supp. 1244 (D. Minn. 1991) (FIRREA)

Ford Motor Credit Co. v. BJL Corp., 411 N.W.2d 605 (Minn. Ct. App. 1987) (automobile manufacturer-dealer dispute)

Hurley v. TCF Banking and Sav., F.A., 414 N.W.2d 584 (Minn. Ct. App. 1987) (lender liability; consumer fraud)

Professional Management Associates, Inc. v. Coss, 2001 WL 799971 (Minn. Ct. App. July 17, 2001) (requirements for asserting a double derivative shareholder claim under Delaware law alleging excessive executive compensation)

RCM Technologies, Inc. v. Brignik Technology, Inc., 137 F. Supp. 2d 550 (D. N.J. 2001 )( enforcement of arbitration clause, in purchase agreement for computer consulting firm, in regard to claims of breach of contract, fraud, and fraudulent inducement)

Sheehan v. Gustafson (subject matter jurisdiction)
967 F.2d 1214 (8th Cir. 1992)
1991 WL 348047 (D. Minn. 1991)

St. James Capital Corp. v. Pallet Recycling Associates of North America, Inc., 589 N.W.2d 511 (Minn. Ct. App. 1999) (duties of insolvent corporation’s officers and directors to creditors of corporation)

TCF Financial Corporation v. Burke, 2001 WL32793 (Minn. Ct. App. Jan. 16, 2001) ( exclusive dealing agreement and an oral agreement to purchase a business)

Vincent v. Beck, 1995 WL 541470 (Minn. Ct. App. Sept. 12, 1995) (fraud in real estate limited partnership)

Dayton Development Co. v. Gilman Financial Services, Inc., 419 F.3d 852 (8th Cir. 2005) (third-party beneficiary issues relating to master fixtures lease and calculation of repurchase option).

TCF National Bank v. Bernanke, 643 F.3d 1158 (8th Cir. 2011) (constitutional challenge to the Durbin Amendment, a part of the Dodd-Frank Act, that regulates transaction fees paid to banks that issue debit cards).

 
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