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David Herr and Haley Schaffer Win Important Appellate Case on Garnishment

May 13, 2010

David Herr and Haley Schaffer, members of Maslon's Appellate team, recently won a very favorable result on a case involving garnishment issues. On April 22, 2010, the Minnesota Supreme Court handed down an important decision that clarifies important aspects of the Minnesota law of garnishment. Before this decision, creditors exercising their statutory right to serve a garnishment summons on a financial institution would too frequently find themselves on the receiving end of a federal lawsuit claiming that they had violated federal law. The decision in Savig v. First National Bank of Omaha, No. A09-1221 (Minn. Apr. 22, 2010) provides important clarity for creditors and for financial institutions responding to garnishment summonses. The decision recognizes that joint account owners hold the balance in a joint account together and places the burden on the owners to establish their respective interests in the funds on deposit.

David argued the case before the Minnesota Supreme Court. This case was before the Supreme Court on questions certified to it by the United States District Court for the District of Minnesota. Unrelated to this case, the certification of questions of law is the subject of an article David and Haley have written for the William Mitchell Law Review entitled Why Guess? Erie Guesses and the Eighth Circuit, that is scheduled to be published imminently.

David is a highly regarded appellate lawyer and complex case litigator. He is frequently sought out to provide practical and sophisticated advice on how to resolve difficult, multi-party disputes in trial courts and arbitral forums, as well as in the appellate courts. David has served as president of the American Academy of Appellate Lawyers is recognized in Best Lawyers in America for both Appellate Law and Bet-the-Company Litigation. He regularly argues a wide variety of cases in the Minnesota appellate courts and the 8th Circuit Court of Appeals.

Haley focuses her litigation practice on trial and appellate work in cases involving complex commercial disputes and business torts. She has significant experience representing clients in all stages of litigation, arbitration and appeals. Haley has represented a wide range of clients, including individuals, small businesses and global corporations. She has been recognized as a "Rising Star" by Minnesota Law & Politics.


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