Mike Stinson

Securities and Financial Services Litigation

• Authored successful opposition to plaintiff’s motion seeking to certify a nationwide class of mortgagors alleging breach of the mortgage contract.  Smith v. U.S. Bank National Association, 2017 U.S. Dist. LEXIS 24570 (S.D. Fla. Feb. 22, 2017).  
• Authored successful Rule 12(b)(6) motion to dismiss shareholder derivative suit commenced against directors and officers for alleged breach of fiduciary duty.  Iron Workers Mid-South Pension Fund v. Davis, 93 F.3d 1092 (D. Minn. 2015).
• Drafted successful summary judgment motion resulting in dismissal of a loan servicing class action lawsuit agains FHA-loan servicer client alleging failure to satisfy pre-foreclosure “face-to-face meeting” regulation. Order, Peralta v. U.S. Bank Nat’l Ass’n., CA No. 17-263JJM (D. R.I., Apr. 17, 2018), ECF No. 24.    
• Authored successful Rule 12(b)(6) motion to dismiss claims alleging wrongful foreclosure and violations of RESPA. The case was dismissed with prejudice without leave to amend. Jordan v. U.S. Bank National Association, 2014 WL 5090043 (D. Minn. Oct. 9, 2014).
• Authored and argued successful Rule 12(b)(6) motion to dismiss claims alleging wrongful foreclosure and quiet title. The case was dismissed with prejudice without leave to amend. Asake v. Moynihan, 2015 WL 6865693 (D. Minn. Oct. 9, 2015) confirmed by 2015 WL 6872459 (D. Minn. Nov. 9, 2015). 
• Authored successful motion seeking more than $100,000 in sanctions against opposing party and counsel for filing frivolous securities fraud case under the PSLRA. The Court relied on its inherent authority in issuing the sanctions. Great Dynasty International Fin. Holdings Ltd. v. Li, 2014 WL 3381416 (N.D. Cal. July 10, 2014).
• Authored successful judgment on the pleadings briefing in wrongful real estate foreclosure case tried in Minnesota state court, and later authored successful appeals brief before the Minnesota Court of Appeals.
• Authored successful Eighth Circuit briefing relating to the pleading standards required under Minnesota's quiet title statute. Haubrich v. U.S. Bank National Association, 720 F.3d 979 (8th Cir. 2013). 
• Authored successful summary judgment briefing obtaining dismissal of multiple class representatives in a second mortgage case tried in federal court. Mike also authored the successful appellate briefs to the Eighth Circuit. Thomas v. U.S. Bank NA ND, 789 F.3d 900 (8th Cir. 2015); Wong v. Wells Fargo Bank N.A., 789 F.3d 889 (8th Cir. 2015).
• Drafted and argued successful motion to dismiss lawsuit against bank client challenging compliance with statutory foreclosure notice requirements;
• Defended bank client against allegations that bank owed duty under federal environmental law to conduct environmental assessment prior to extending a residential mortgage loan. Mike authored the motion to dismiss briefing and also argued the motion to the Court. Later, Mike successfully moved for dismissal of the Plaintiffs’ appeal as untimely and procedurally improper.
• Authored successful briefing seeking sanctions against adversary and adversary's counsel for discovery violations. Mike argued the motion and his client was awarded approximately $20,000 in attorneys' fees and costs. The award was ultimately leveraged into voluntary dismissal of the plaintiff's complaint with prejudice.
• Defended loan servicer against multiple claims brought under Minnesota’s “dual-tracking” statute, Minn. Stat. § 582.043. 
• Key litigation team member defending large broker-dealer client against aiding-and-abetting claims arising from Ponzi-scheme.  
• Key litigation team member in defending large bank servicing client against statewide class claims alleging breach of the plaintiffs’ note and mortgage instruments.
• Key litigation team member in defending medical device company against allegations of securities fraud brought under section 10(b) of the Securities Exchange Act.
• Key litigation team member defending bank client against class action claims brought under the Uniform Fiduciaries Act.
• Lead associate in numerous class actions brought against banking clients for alleged servicing violations under the terms of the note, mortgage, or federal regulation.

General Commercial Litigation

• As lead litigation counsel for banking client, achieved judgment or settled for full damages in numerous actions brought against automobile dealers nationwide for breach of warranties and covenants in retail automobile installment lending and leasing dealer agreements.
• Because of substantial retail automobile installment lending litigation experience, asked to frequently provide counsel regarding borrower credit reporting, identity theft, straw purchaser and dealer agreement issues.
• Authored successful brief in opposition to defendant’s motion to dismiss breach of contract claims on behalf of large pharmaceutical client. Sinotau Pharm. Group v. Navidea Biopharmaceuticals, Inc., 211 F. Supp. 3d 375 (D. Mass. 2016). Mike also handled oral argument in opposition to the defendant’s motion in federal court in the District of Massachusetts.
• Successfully defended non-profit client pro bono against allegations of fraud, breach of contract, and breach of fiduciary duty. 
• Primary author of successful brief in support of motion to compel discovery abroad which ultimately led to the production of key evidence in monopoly case.
• Primary author of successful brief opposing attorneys' fee petition seeking over $4 million in fees and costs.
• Represents pharmaceutical developer and distributor in asserting claims that defendant wrongfully repudiated binding licensing agreement.
• Successfully defended against claims of copyright infringement and unfair competition, and achieved settlement whereby plaintiff agreed to voluntary dismissal with prejudice in exchange for agreement not to seek attorneys’ fees. 
• Authored motion to dismiss antitrust complaint in the Southern District of New York that resulted in dismissal of all claims with prejudice and no leave to amend. 
• Successfully represented plaintiff in a claim for benefits arising under a top-hat ERISA benefits plan. After successfully opposing the defendant’s motion to dismiss, defendant agreed to voluntarily grant Mike’s client all requested relief, including attorneys’ fees.
• Opposed and argued against defendant’s motion to dismiss breach of contract claims

Personal Injury/Tort Litigation

• Mike has extensive experience representing both plaintiffs and defendants in premises liability cases alleging negligent failure to detect and/or abate hazards resulting in bodily harm.
• Mike has extensive experience litigating wrongful death cases and has achieved excellent results for his clients.
• Authored successful opposition to defendant’s motion to strike allegations from the complaint in a significant wrongful death action venued in the District of Nebraska. Pals v. Weekly, 2017 U.S. Dist. LEXIS 105345 (D. Neb. July 7, 2017).
• Mike was sole counsel for a client who suffered a traumatic brain injury in a car crash that resulted in a multi-million dollar recovery for Mike’s client.  Mike achieved a result for his client that was ten-times higher than the estimates of the other lawyers Mike’s client had consulted before hiring Mike.
• Mike represents victims of police misconduct in civil rights cases under 42 U.S.C. § 1983 against police officers and municipalities or other government entities when law enforcement has deployed lethal or excessive and unreasonable force.

General Trial Experience

• Mike has successfully litigated multiple bench and jury trials to verdict. 
• For example, Mike achieved a defense verdict in a five-day jury trial in a wrongful termination lawsuit brought by former employee terminated for cause.  Mike examined five witnesses, and successfully blocked the plaintiff from introducing any rebuttal evidence after the defense closed.
• Recently, Mike tried a wrongful death case before a panel of three arbitrators.  After the arbitration, Mike learned that his closing argument moved the panel and resulted in a significant award for his client.     
• In 2015, Mike served as a visiting attorney at the Minneapolis City Attorneys’ Office where he prosecuted misdemeanor and gross misdemeanor criminal cases.  While at the City, Mike won three jury trials, and prevailed in numerous other evidentiary hearings and court trials.