Our client, Kim Lund, owned a minority interest in Lunds & Byerlys grocery chain. Since at least 1992, Kim made clear it was her expectation to separate her assets from the family business so that she could engage in philanthropy and charitable giving. Kim’s family initially indicated it would abide by her expectation. But when it came time to execute on an exit strategy, Kim’s brother, Tres Lund, refused to prioritize or complete a buyout of Kim’s ownership interest on fair terms and at a fair price.
Anthony Ostlund filed a lawsuit on Kim’s behalf seeking a buyout of her interest at fair value. Anthony Ostlund also requested the removal of Tres as a trustee of Kim’s trusts. At the appropriate time, we moved for a buyout. The Hennepin County District Court agreed that Tres had treated Kim unfairly and ordered a buyout at fair value in an amount to be determined at trial. After a week-long trial with many disputed issues, the Court awarded Kim more than $45 Million for the value of her interest, removed Tres as a trustee, and declared Kim the prevailing party. Kim will now have what she was promised – financial freedom so that she can use her family wealth to serve the public good. Read more
Our client, Cedar Point, owns the Cedar Point Shopping Center in St. Louis Park, Minnesota. Cedar Point used to lease space in the building to Pei Wei, a fast food restaurant chain. The lease term went through 2023. But in 2018, Pei Wei stopped paying rent as a strategy to negotiate a buyout of the remaining five years of its lease at an extreme discount.
In response to Pei Wei’s intentional breach of the parties’ lease agreement, we sued Pei Wei to evict it from the premises and recover monetary damages, including accelerated rent. Within six months, we won multiple awards totaling over $1 million. The watershed moment followed our summary judgment argument, when the Court ruled from the bench that Cedar Point was entitled to an immediate payment of nearly $950,000 in accelerated rent, penalties and interest, an unusually fast and decisive outcome highlighting our targeted approach. The Court later ordered Pei Wei to reimburse all of the legal fees and costs it forced Cedar Point to incur to litigate. Read more.
Our client UHS was sued for $100 million in Texas federal court along with several other defendants for allegedly violating federal antitrust laws. The suit asserted that defendants monopolized the $450 million medical equipment rental market by unfairly controlling the market through contracts with group purchasing organizations. UHS wanted to manage its legal costs, move toward resolution, and obtain a favorable outcome.
We took over for the client's prior counsel, one of the largest firms in America, and staffed this complex case with 6 lawyers instead of 17 to avoid unnecessary and duplicate billing. The plaintiff demanded tens of millions of dollars and the client’s insurers refused to pay anything toward settlement. We advised our client to confront its insurers and continue defending the litigation. We brought aggressive counterclaims and did the discovery necessary to bring a motion to dismiss the case. Read more
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