Eric R. Sherman

Eric R. Sherman




Eric regularly appears before federal and state courts and arbitration panels nationwide.  Most of his clients operate in the banking and financial services sector.  Eric handles defense of consumer class actions, litigation of corporate trust matters, aviation litigation, trust and estate litigation, and other complex disputes.

Eric is co-chair of the Banking & Financial Institutions Industry Group.

Education & Admissions

Georgetown University Law Center (J.D., 2003), magna cum laude; Order of the Coif; Executive Notes & Comments Editor, Georgetown Law Journal

University of Nebraska - Lincoln (B.A., 1999), With Highest Distinction
Phi Beta Kappa


  • Minnesota
  • U.S. Courts of Appeals for the Second, Sixth, Seventh and Eighth Circuits
  • U.S. District Court for the District of Minnesota
  • U.S. District Court for the District of North Dakota
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of Michigan


  • U.S. District Court for the District of Minnesota, Honorable David S. Doty, 2003-2005


Representative Litigation

Banking Litigation

  • 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:  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

Aviation Litigation

  • Won early dismissal of passenger discrimination claims under Minnesota Human Rights Act and California Unruh Civil Rights Act on implied federal preemption grounds
  • 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

Industries & Practices

Bankruptcy & Financial Restructuring
Securities & Financial Services Litigation & Enforcement
  • Appellate
  • Aviation
  • Banking & Financial Institutions
  • Bankruptcy & Financial Restructuring
  • Class Action Litigation
  • Consumer Financial Services
  • Corporate Trust Services
  • Development & Infrastructure
  • Electronic Discovery
  • FinTech
  • Mortgage Banking
  • Securities & Financial Services Litigation & Enforcement
  • Trusts & Estates Litigation

Professional & Civic

Community Involvement

  • Volunteer Attorney - Tubman Safety Project
  • Board Member – Northern Star Council, BSA


Contributed 100+ Pro Bono Hours in 2020

  • Contributed more than 100 Challenge pro bono hours, 2020
  • Listed in Best Lawyers in America©, 2021-2022
  • Listed as a "Rising Star" by Minnesota Super Lawyers, 2008, 2010-2014, 2017

     North Star Lawyer logo

  • MSBA North Star Lawyer, 2013 and 2015-2020
  • Named Safety Project Attorney of the Year by Tubman/Chrysalis for work representing victims of domestic abuse
Eric R. Sherman