Tom Olson has been involved in a number of significant lawsuits involving real estate and business transactions.  He has successfully litigated many cases in Minnesota state and Federal District Court.  Several decisions in the appellate courts have been reported or cited.

Examples are International Financial Services, Inc. v. Franz Engineering, 515 N.W.2d 379 (Minn. Ct. App. 1994), rev’d 534 N.W.2d 261 (Minn. 1995).  This case went to the U. S. Bankruptcy Court, Hennepin County District Court jury trial resulting in a total verdict over one million dollars later reduced by the Court of Appeals and modified by the Supreme Court of Minnesota.  Case involved complicated Uniform Commercial Code damages, risk of loss, and limitation of warranty issues, and is mentioned in the Uniform Commercial Code service reporter.

Capitol Indem. Corp. v. West Fargo Plumbing & Heating, Inc., 145 F.3d 998 (8th Cir.Minn. 1998) is a case where the U. S. District Court and the Eighth Circuit Court of Appeals agreed with our interpretation of the Torrens real estate title registration law.  A title agent held a closing then failed to record the deed from seller to buyer.  A mortgage for over one million dollars from the seller to a surety company then was filed against the property before the Deed.  The title insurance company hired us to try to save the Buyer’s title.  We successfully argued that the buyer’s physical possession was an exception to the general rule that first recorded document wins.

West Metro Lumber, Inc. v. J.F. Johnson General Development Corp., 2001 WL 1464262 (Minn. Ct. App.  2001).  West Metro succeeded in enforcing its mechanic’s lien upon Eagle Creek Townhomes in Shakopee.  Eagle Creek raised a myriad of issues in defense against the lien claim.  West Metro was hampered by the fact it had only an oral contract with the builder who was unable to pay; West Metro acknowledged it had not regularly sold lumber to townhome projects of this size so Eagle Creek argued its price to the builder should not be prima facie evidence of the reasonable value of the lien.  Though a quotation spoke of a fixed price, evidence was that the price varied week by week over a six month project.  There were other disputes over an expert that Eagle Creek identified shortly before trial; discovery disputes.  Total verdict for West Metro Lumber was over $200,000.  The Minnesota Court of Appeals upheld an attorney’s fees award over $55,000.

Rosengren v. GMAC Mortg. Corp., 2001 WL 1149478, Bankr. L. Rep. P 78,512  (D.Minn. 2001).  This case involved a Federal Court action brought by a debtor against our client, the borrower’s mortgage lender where the Plaintiff Rosengren claimed certain violations of the automatic stay provision of the U. S. Bankruptcy Code.  We successfully defended the lender who was ordered to pay under $200 in damages after offering the debtor thousands to settle.

Ronning v. Nikolai, 2001 WL 799681 (Minn. Ct. App. 2001).  Ronning vs. Nikolai involved the successful litigation of a boundary claim against three neighboring landowners.  Our clients claimed title to a strip of land by virtue of adverse possession for more than 15 years.  The case and others like it resulted in Tom Olson's publication of an article in The Hennepin Lawyer which is attached as well as seminar materials from a seminar on boundary line issues.

Interesting District Court Decisions:

Calhoun Realty vs. Sammy D's; American Family Financial Services vs. Kriese & Gardner. Rockford State Bank vs. Southern Pacific Funding and Lysne; Russell Brown vs. Hamann Roofing; Hunninghake vs. Neuharth Cement; Estate of Vogen; Estate of Houg.

Rockford State Bank resulted in a decision in the office of the Examiner of Titles affirmed in the District Court clarifying the law pertaining to Notices of Adverse Claim effecting registered real estate titles.  The decision meant that the Bank's Mortgage prevailed over a half million dollar mortgage to another lender where a title company disregarded the Bank's Notice of Adverse Claim asserting it held a mortgage on a contract for deed purchaser's interest.  The Court ruled the Registrar of Titles must register the Bank's Mortgage prior to the other lender's as its Notice of Adverse Claim was first filed and constituted constructive notice of its mortgage interest.

American Family Financial involved a lawsuit to reform a mortgage which had already been foreclosed to include 40 acres of land which had been left out of the legal description.  The Wright County District Court agreed that the foreclosure could be set aside at the request of Olson's client, and that the additional 40 acres should be included in the Mortgaged land.  There had been no road access for the foreclosed parcel.

Halverstadt vs. Thomas and Faue – Hennepin County jury ruled in favor of our client that no adverse possession was proven in a boundary dispute over valuable Hennepin County hobby farm acreage.

Calhoun Realty Company vs. Sammy D’s, Inc. involved a favorable jury verdict for a business broker who had an exclusive listing with a restaurant business.  The restaurant owner tried unsuccessfully to avoid payment of a commission when he sold the business not using the broker, and claimed the listing contract had lapsed.  The jury awarded the broker a commission of nearly Fifty Thousand dollars.

Brown vs. Hamann Roofing.  We defended a roofer sued by a customer for a cedar roof installation which failed 15 years after its installation.  A Wright County District Court jury ruled the roofer was not at fault when the roof failed.  The case was interesting in that experts testifying for the plaintiff acknowledged they did not warrant a roof for as long a period of time as the roofer was asked to here.  No damages were awarded.

Hunninghake vs. Braun Engineering, Cement Contractor.  An expensive Eden Prairie home's foundation was moving down the hillside on which it was constructed.  Olson's client, the cement contractor who constructed the foundation was dismissed from the lawsuit on summary judgment where no negligence on the contractor's part was proven.

Estate of Houg. Hennepin County Probate Court.   We represented two daughters of a man who died at Hennepin County Medical Center.  A new Will was signed in the hospital leaving his estate to his brother, sister and a friend and providing nothing for his adult children.  We argued and a jury, having heard testimony from three treating physicians, agreed the man was not competent when the Will was signed.  Clients obtained ownership of a profitable Motel.

Estate of Vogen.  Olson's client argued and a jury agreed the testator was subjected to undue influence by one son who persuaded his parent to change her Will and exclude his two brothers.  This case was more difficult because the proponent of the Will was not an attorney, represented himself.  Courts are required to assist a “pro se” litigant to try his own case.  He gets the opportunity to make his own opening statement and closing argument, and to testify, and in some instances to testify while he is cross examining other witnesses.