Paul J. Hemming

Paul is a partner in Taft’s Commercial Litigation practice. He has first-chair litigation experience in trials, commission hearings and ADR. Paul represents clients ranging from small business owners to Fortune 500 companies on all types of business disputes and practices principally in the areas of commercial litigation, construction litigation, railroads, eminent domain and estates and trusts litigation.

Construction Litigation

• Regularly represent national home builder/developer in mass party construction defect litigation.
• Regularly represent national home builder/developer on additional insured coverage matters.
• Represented power generation entity regarding the design and construction projects using various project delivery systems including EPC, design, supply, furnish and install.
• Represented specialty chemical manufacturer in litigation with multiple carriers (including multiple layers) to obtain coverage for asbestos mass tort liabilities.
• Represented builder client in action commenced by homeowners association (HOA). Matter was confidentially resolved in client’s favor at fourth mediation session one month before scheduled three-week jury trial.
• Represented owner in construction defect litigation involving the construction of new corporate headquarters; obtained injunctive relief against contractor’s effort to arbitrate claims and settled case favorably.

Railroads

• Obtained dismissal of Carmack Amendment claim alleged to be in excess of $150 million.
• Obtained dismissal of mass tort claims stemming from derailment on jurisdictional and forum non conveniens grounds.
• Negotiated favorable resolution of clean-up costs associated with anti-freeze spill for Class I carrier against tank-car owner.
• Obtained declaratory relief for Class I carrier against short-line railroad on rates and defeated $13 million claim on summary judgment
• Represented Class I carrier against other Class I carrier in private arbitration over haulage and trackage rights agreements.
• Defended thousands of claims and numerous trials stemming out of a North Dakota derailment.

Eminent Domain

• Regularly represent Class I railroad in condemnation proceedings initiated in Minnesota.
• Represented commercial property owner in department of transportation condemnation action and obtained settlement after commission hearing over two and half time larger than condemnor’s offer.
• Obtained $2 million+ settlement on behalf of restaurant owner in condemnation proceeding after two-week long commission hearing.
• Secured numerous orders and settlements reimbursing property owners for attorney and expert fees.

Estates, Trusts and Fiduciary Litigation

• Obtained complete defense verdict for large bank in two-week trial and recovered all attorney and expert fees against plaintiff.
• Defended corporate fiduciary against claims of fraud, negligent misrepresentation and breach of fiduciary duty.
• Represented trust beneficiary in action against trustees on claims for breach of trust and breach of fiduciary duty that resulted in favorable resolution terminating the trust.

Commercial Litigation

• Obtained several dismissals based on lack of jurisdiction.
• Defended mortgage lender/servicer in lawsuit related to alleged violations of TILA, RESPA, state foreclosure statutes and other consumer fraud claims, and in breach of contract lawsuit related to sale of mortgages.
• Obtained favorable resolution for products manufacturer in lawsuit by former sales representative over commissions dispute after dismissal of claims without prejudice.
• Obtained one of three judgments on a personal guaranty for a private investor and defeated debtor’s argument that personal liability for judgments was limited to $1 million guaranty cap.
• Represented Fortune 500 company in litigation following the acquisition of mid-size company to pursue indemnity claims for breach of representations and warranty in an asset purchase deal, and negotiated a multimillion-dollar settlement payment.
• Prosecuted claims for reinsurance broker against competitor for violation of non-compete agreements and unfair competition; obtained injunctive relief and favorable resolution.
• Prosecuted claims for reinsurance broker for unpaid commissions on placements.

• 2016-03-17, Paul Hemming Featured in Hennepin County Bar Association Blog