Eric R. Sherman

Banking Litigation

• Obtained dismissal of putative class action challenging ATM fees and overdraft fees.
• Behrens v. JPMorgan Chase Bank, N.A., 2019 U.S. Dist. LEXIS 55952 (S.D.N.Y Mar. 31, 2019), reconsideration denied, 2021 U.S. Dist. LEXIS 172241 (S.D.N.Y. Sept. 9, 2021), aff’d, 2024 U.S. App. LEXIS 5992 (2d Cir. Mar. 13, 2024), pendent state law claims dismissed, 2025 U.S. Dist. LEXIS 143006 (N.D. Iowa July 25, 2025). Obtained dismissal of RICO Act and related state law claims against national bank.
• El-Hage v. Comerica Bank, 2020 U.S. Dist. LEXIS 235868 (E.D. Mich. Dec. 16, 2020). Won motion to dismiss and compel individual arbitration of putative class claims in overdraft fee litigation.
• Smith v. U.S. Bank, N.A., 2017 U.S. Dist. LEXIS 24570 (S.D. Fla. Feb. 2, 2017). Defeated class certification motion in action brought by residential mortgage borrowers.
• Defended national bank in consolidated class actions alleging multimillion dollar liability for alleged misappropriations by fiduciary depositor.
• Buffets, Inc. v. Leischow, 2012 WL 2402828 (D. Minn. June 26, 2012), aff’d, 732 F.3d 889 (8th Cir. 2013). Obtained summary judgment in favor of defendant bank on Uniform Fiduciaries Act claim and successfully defended the judgment on appeal.

Corporate Trust Litigation

• Represents trustees and holders in trust instruction proceedings and other litigation.
• Won summary judgment in favor of defendant owner trustee on class claims under Missouri’s Second Mortgage Loan Act.
• In the Matter of: Trusteeship Created by the Volusia County Industrial Development Authority, 2023 Minn. App. Unpub. LEXIS 793 (Minn. Ct. App. Oct. 9, 2023). Obtained favorable ruling for senior bondholders in fight over proceeds from liquidation of senior living facility.
• In the Matter of:  Loan Group I of the trusteeship created by Option One Mortgage Acceptance Corporation relating to the issuance of certificates by Option One Mortgage Loan Trust 2006-3 pursuant to a Pooling and Servicing Agreement dated as of October 1, 2006, 2017 Minn. App. Unpub. LEXIS 694 (Minn. Ct. App. Aug. 14, 2017), review denied (Minn. Oct. 25, 2017). Obtained early ruling that holder lacked standing to object to separate trustee’s petition for instructions approving evaluation and acceptance of RMBS settlement and successfully defended ruling on appeal.
• Suarez v. Bank of New York, 2015 U.S. Dist. LEXIS 141817 (S.D.N.Y. Oct. 19, 2015), aff’d sub nom. Suarez v. Citibank, National Association, 2017 U.S. App. LEXIS 12341 (2d Cir. July 11, 2017). Obtained dismissal of federal RICO Act and RICO conspiracy claims brought by mortgage borrowers against RMBS trustee and successfully defended judgment on appeal.
• Tran v. Bank of New York, 2014 WL 1225575 (S.D.N.Y. Mar. 24, 2014), aff’d, 592 F. App'x 24 (2d Cir. 2015). Obtained dismissal of federal RICO Act and RICO conspiracy claims brought by mortgage borrowers against RMBS trustee and successfully defended judgment on appeal.
• County of Ramsey v. MERSCORP Holdings, Represented RMBS trustee in defense of putative class action alleging failure to record mortgage assignments.
• Gewecke v. U.S. Bank National Association, as trustee. Represented RMBS trustee in defense of federal RICO Act claim brought by putative class of mortgage borrowers.

Workout and Debtor/Creditor Litigation

• Represents creditors, receivers, and assignees in receivership and assignment for the benefit of creditors proceedings.
• Represents banks in collection and foreclosure litigation.
• Represented receiver in the contested sale of a development-stage electric truck manufacturer.
• Represented receiver in the contested sale of an industrial cold storage facility.
• Represented indenture trustee in foreclosure of mortgage on downtown parking ramp.

Aviation Litigation

• Williams v. Sun Country, Inc., 2021 Minn. App. Unpub. LEXIS 226 (Minn. Ct. App. Mar. 8, 2021). Won early dismissal of passenger discrimination claims under Minnesota Human Rights Act and California Unruh Civil Rights Act on implied federal preemption grounds and successfully defended judgment on appeal.
• LaBeau v. MN Airlines, LLC, 432 F. Supp. 3d 951 (D. Minn. 2020). Obtained summary judgment on Montreal Convention and contract claims arising from weather delays.

Trusts and Estates Litigation

• In re Burton J. McGlynn Revocable Trust. Obtained favorable judgment at trial in proceeding to reform trust agreement.