On December 28, 2020, the Minnesota Court of Appeals reversed a district court decision to dismiss a lawsuit started by Anthony Ostlund’s client, Great Plains Educational Foundation. Phil Kaplan made the winning appeal argument for Great Plains.
In 2019, Great Plains sued Student Loan Finance Corporation (SLFC), claiming SLFC defrauded Great Plains into signing a settlement agreement and releasing a $13.25 million promissory note. The district court dismissed Great Plains’ case on the theory that boilerplate integration and “no reliance” clauses in the settlement agreement prevented Great Plains from making its fraud claims.
Anthony Ostlund successfully appealed the district court’s decision to the Minnesota Court of Appeals. The Court of Appeals agreed with Great Plains that its fraud claims were not barred by the settlement agreement. The Court of Appeals has directed the case back to the district court, where Anthony Ostlund intends to vigorously pursue Great Plains’ claims.
Click here for copy of Opinion.