Eric R. Sherman

Banking Litigation

• El-Hage v. Comerica Bank, 2020 U.S. Dist. LEXIS 235868 (E.D. Mich. Dec. 16, 2020). Won motion to dismiss and compel individual arbitration of putative class claims in overdraft fee litigation
• Smith v. U.S. Bank, N.A., 2017 U.S. Dist. LEXIS 24570 (S.D. Fla. Feb. 2, 2017). Defeated class certification motion in action brought by residential mortgage borrowers
• Defended national bank in consolidated class actions alleging multimillion dollar liability for alleged misappropriations by fiduciary depositor
• Buffets, Inc. v. Leischow, 2012 WL 2402828 (D. Minn. June 26, 2012), aff’d, 732 F.3d 889 (8th Cir. 2013). Obtained summary judgment in favor of defendant bank on Uniform Fiduciaries Act claim and successfully defended the judgment on appeal

Corporate Trust Litigation

• Represents trustees and holders in trust instruction proceedings and other litigation
• Won summary judgment in favor of defendant owner trustee on class claims under Missouri’s Second Mortgage Loan Act
• In the Matter of:  Loan Group I of the trusteeship created by Option One Mortgage Acceptance Corporation relating to the issuance of certificates by Option One Mortgage Loan Trust 2006-3 pursuant to a Pooling and Servicing Agreement dated as of October 1, 2006, 2017 Minn. App. Unpub. LEXIS 694 (Minn. Ct. App. Aug. 14, 2017), review denied (Minn. Oct. 25, 2017). Obtained early ruling that holder lacked standing to object to separate trustee’s petition for instructions approving evaluation and acceptance of RMBS settlement and successfully defended ruling on appeal
• Suarez v. Bank of New York, 2015 U.S. Dist. LEXIS 141817 (S.D.N.Y. Oct. 19, 2015), aff’d sub nom. Suarez v. Citibank, National Association, 2017 U.S. App. LEXIS 12341 (2d Cir. July 11, 2017). Obtained dismissal of federal RICO Act and RICO conspiracy claims brought by mortgage borrowers against RMBS trustee and successfully defended judgment on appeal
• Tran v. Bank of New York, 2014 WL 1225575 (S.D.N.Y. Mar. 24, 2014), aff’d, 592 F. App'x 24 (2d Cir. 2015). Obtained dismissal of federal RICO Act and RICO conspiracy claims brought by mortgage borrowers against RMBS trustee and successfully defended judgment on appeal
• County of Ramsey v. MERSCORP Holdings, Represented RMBS trustee in defense of putative class action alleging failure to record mortgage assignments
• Gewecke v. U.S. Bank National Association, as trustee. Represented RMBS trustee in defense of federal RICO Act claim brought by putative class of mortgage borrowers

Aviation Litigation

• Won early dismissal of passenger discrimination claims under Minnesota Human Rights Act and California Unruh Civil Rights Act on implied federal preemption grounds
• LaBeau v. MN Airlines, LLC, 432 F. Supp. 3d 951 (D. Minn. 2020). Obtained summary judgment on Montreal Convention and contract claims arising from weather delays

Trusts and Estates Litigation

• In re Burton J. McGlynn Revocable Trust. Obtained favorable judgment at trial in proceeding to reform trust agreement