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© 2013 Dorsey & Whitney LLP

  

  • Named a Best Lawyer, 2013
  • Ranked as a Native American Law lawyer by Chambers USA, 2011-2012 (Band 3)
  • Named a Minnesota Super Lawyer, 2003, 2008 
  • Selected as Dorsey & Whitney Partner of the Year, 2006
  • Investigator, Minnesota Office of Lawyers Professional Responsibility, 1993-1995
  • State Bar of Wisconsin Non-Resident Lawyers Division
    • Minnesota Chapter President 1995 - 2006
    • Member, Board of Directors 2006 - Present
  • AV Rated by Martindale-Hubbell

      • University of Wisconsin Law School (J.D., 1986), cum laude, Order of the Coif
        Wisconsin Law Review, Note and Comment Editor
        1985-1986, Staff Member, 1984-1985
      • Marquette University (B.A., Political Science, 1983), cum laude

      • Honorable Jerry Buchmeyer, United States District Court for the Northern District of Texas

      • Minnesota
      • Wisconsin

      Skip Durocher

      Partner
      Minneapolis
      P: (612) 340-7855
      F: (612) 340-2807
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      Partner in the Litigation Department since 1995, Chair of the firm's E-Discovery Practice Group and Co-Chair of the Indian Law Practice Group. Practicing in the area of complex civil litigation, Mr. Durocher has represented clients in cases involving commercial and financial issues for over twenty years. Mr. Durocher has handled a wide variety of litigated matters, including commercial contracts, minority shareholder disputes, consumer credit, insurance coverage, business torts, federal Indian law, and other civil actions.

      Representative Work

      • Represented consumer credit company in nationwide class action filed in Hennepin County purportedly on behalf of a class of automobile lessees. Plaintiffs claimed that their automobile security deposit constituted collateral in a secured transaction, and demanded payment of all “increase or profits” allegedly received by Ford Credit from its purported use of that collateral. Obtained summary judgment on behalf of Ford Credit. Affirmed by Minnesota Court of Appeals; petition for review denied by Minnesota Supreme Court.
      • Represented national banking client in nationwide class action filed in Minnesota U.S. District Court alleging violations of federal and Minnesota laws with respect to processing fees for mortgage applications. Obtained summary judgment on all claims in favor of US Bank; affirmed on appeal to the 8th Circuit.
      • Represented federally-recognized Indian tribe in federal court litigation against State of Michigan Revenue Officials regarding its attempt to impose ad valorem property taxes against the Tribe and its members on fee land within the Tribe's Reservation. Obtained summary judgment on behalf of the Tribe; affirmed by the 6th Circuit Court of Appeals.
      • Represented federally-recognized Indian tribe and tribal corporation in federal court litigation against Kansas Revenue Officials regarding seizure of tribal corporation's gas tanker truck and attempt to impose fuel tax on sales of fuel to Indian tribes in Kansas. Argued certified question to Kansas Supreme Court. Obtained TRO and preliminary injunction from District Court, affirmed by 10th Circuit. Obtained summary judgment on behalf of Tribe and tribal corporation.
      • Represented construction company in insurance coverage action filed in Washington County involving water intrusion claims in custom homes built by client. The case involved significant and complicated coverage issues involving ongoing damage, multiple policy years and carriers. Obtained summary judgment on all claims on behalf of client; affirmed by Minnesota Court of Appeals.
      • Represented financial services client in putative nationwide class action filed in Dakota County alleging deceptive trade practices and consumer fraud with respect to client's billing practices regarding its expedited check delivery services. Obtained summary judgment on all claims for client.
      • Represented medical device company seeking products liability coverage relating to recalled pacemaker lead wires.  The case involved issues relating to misrepresentation, known loss, late notice and various other policy exclusions.  Favorable settlement obtained before trial.
      • Represented nutritional food and chemical manufacturer and distributor in coverage action against its liability carrier seeking coverage for underlying patent infringement claims.  Favorable settlement obtained before trial.
      • Represented insured manufacturer in coverage action against multiple primary and excess carriers.  The action arose out of the insurers’ denial of coverage for numerous third-party property damage claims relating to the client’s product.  Issues litigated included, among others, trigger of coverage, allocation, the “expected/intended” exclusion, and coverage for punitive damages.  Six week trial relating to reinstatement of aggregate limits resulted in judgment for client.
      • Represented health clinic policyholder in a multi-million dollar property damage insurance coverage lawsuit under an “all-risk" policy.  The case involved complicated issues relating to “collapse,” “hidden decay” and exclusions relating to design defect and defective materials.  Favorable settlement obtained before trial.
      • Represented lending institution insured in multi-million dollar insurance coverage claim against insurer arising out of warranty insurance for damage to wind turbine generators.  Case involved analyses and litigation of various policy defenses, including “expected/intended” exclusion, and issues relating to bad faith. Favorable settlement obtained before trial.
      • Represented Third Party Administrator in multimillion dollar breach of contract action against insurer.  Favorable settlement obtained before arbitration.
      Teaching and Lecturing
      • Adjunct Professor of Law, Ethics, Hamline Law School, 1994-1996.
      • Adjunct Professor of Law, Insurance Law, Hamline Law School, 1992-94.
      • Frequent lecturer at continuing legal education seminars on a variety of topics.

      Presentations

      Frequent lecturer at continuing legal education seminars on a variety of topics.

      Professional Activities

      • Adjunct Professor of Law, Ethics, Hamline Law School, 1994-1996
      • Adjunct Professor of Law, Insurance Law, Hamline Law School, 1992-1994

      Attorney Articles

      January 30, 2013
      Minnesota Supreme Court Reverses Court of Appeals in ECI v. L.H. Bolduc Co.
      December 6, 2012
      IRS Issues Notice Addressing Application of General Welfare Exclusion to Tribal Government Programs
      April 21, 2011
      Mole Lake Band Trust Indenture Decision
      July 16, 2010
      Treasury Requests Comments on Tribal Economic Development Bonds
      February 25, 2009
      Indian and Gaming Law Practice Group Releases Supreme Court Alert: Carcieri et al. v. Salazar et al.
      October 30, 2008
      Droke and Durocher: Choosing an e-Discovery Vendor

      News & Press Mentions

      June 7, 2012
      Dorsey’s Indian Law Group and Partner Skip Durocher Again Ranked Nationally By Chambers & Partners
      June 19, 2008
      Federal Lawsuit Against Tribal Council Dismissed