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  5. Thomas Shroyer

Thomas J. Shroyer | Attorney

Thomas J. Shroyer

Thomas J. Shroyer

Moss & Barnett

Wills & Probate, Securities, Corporate, Business Organization, Litigation

Experience: 48 years
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About Thomas

Thomas J. Shroyer focuses his practice on complex civil litigation with an emphasis on business torts, professional liability, securities litigation and shareholder rights disputes.

Mr. Shroyer has earned significant recognition in the legal profession by successfully handling numerous multi-million dollar claims for local and national businesses.  In fact, Mr. Shroyer's established reputation as a top trial attorney garnered his long-standing commendation as a "Super Lawyer" and as a "Top 40 Business Litigator" in 2005, 2006 and 2007 surveys of the legal community.  Mr. Shroyer is highly respected by both clients and opposing counsel for his ability to anticipate problems and develop practical solutions with bottom-line success for clients.  In addition to his reputation as an aggressive litigator, Mr. Shroyer uses his experience to actively advise business owners across the country on liability prevention tactics.  Mr. Shroyer is the author of a treatise, numerous articles, and is frequently sought to speak as an engaging authority on business law.

Mr. Shroyer practices in all state and federal courts in Minnesota, and in courts throughout the United States.  His national presence has been recognized by preferred organizations such as The Best Lawyers in America, Minnesota Law & Politics, Who's Who in American Law and Leading American Attorneys.

You can follow changes in the law of accountants' professional liability at Mr. Shroyer's web site, www.accountantslaw.com .

Representative Cases:

Shareholder Rights:

  • Donald J. Rachel v. Vaughn Veit, et al., (Veit Companies) (Hennepin County District Court File No. MC 05-009895) - Defended corporations and LLCs on plaintiff's claims for shareholder oppression and breach of fiduciary duties; action successfully converted into derivative action.
  • William Beddor, et al. v. Michael Beddor, et al., (Japs-Olson Company) (Hennepin County District Court File No. CT 03-015235 and CT 03-13928) - Prosecuted plaintiffs' claims for control of $125 million printing company and repayment of $9 million in promissory notes; action consolidated with minority shareholder claim for relief under Minn. Stat.  302A.751.
  • Bruce W. Schulz v. Winslow Printing Company and Charles Winslow, (Hennepin County District Court File No. EM 96-008614) - Obtained court ordered buy-out of former shareholder at favorable price based on valuation of defendants' appraiser.

     

    Professional Liability:

  • Western Security Bank and Glacier Bancorp, Inc. v. Eide Bailly LLP (Yellowstone County, Montana District Court File No. DV 07-1463) - Won defense jury verdict on a $6.5 million claim alleging that audited financial statements failed to detect the misappropriation of the bank's asset-based loan collateral by the borrower, and summary judgment dismissing claim by bank holding company that it relied on the same audits to acquire the bank following its due diligence review of the same asset-based loan.
  • Manion v. Boat Dealers' Association, Inc., 394 F. 3d 1062 (8th Cir. 2005) - Defense of attorney sued on conflict of interest claim following incorporation of a new business.
  • NorAm Investment Services, Inc. v. Stirtz, Bernards, Boyden, Surdel & Larter, P.A., 611 N.W.2d 372 (Minn. Ct. App. 2000) - Successfully defended multi-million dollar failed audit claim arising out of alleged international money laundering and stock market manipulation trading scheme.
  • House v. Kelbel, 105 F. Supp. 2d 1045 (D. Minn. 2000) - Obtained dismissal of $10 million accounting malpractice case for failure to comply with expert disclosure requirement of Minn. Stat. Sec. 544.42.
  • McCormick v. Brevig, 980 P.2d 603 (Mont. 1999) - Defense of accounting malpractice and breach of fiduciary duty claim arising out or CPA's alleged conflict of interest by representing multiple clients.
  • Hunt v. Foster, Waldeck, Lind & Gries, Ltd., 1998 WL 373276 (Minn. Ct. App. 1998) - Won defense of legal malpractice claim for alleged negligence in handling underlying trial and probate court.
  • Hagert v. Glickman, Lurie, Eiger & Co., 520 F. Supp. 128 (D. Minn. 1981) - Securities fraud and accounting negligence claim; established pleading requirements under Fed. R. Civ. P. 9(b) in Minnesota federal court.

     

    Intellectual Property:

  • J&B Wholesale Distrib., Inc. v. Redux Beverages LLC, et al., D. Minn. No. 07-4570) - Obtained injunction against sale and advertising of drink product, and related web domains, infringing on client's trademarks.
  • Rainforest Cafe, Inc. v. Amazon, Inc., 86 F. Supp. 2d 886 (D. Minn. 1999) - Restaurant decor and theme trade dress infringement claim.
  • Lund Indus., Inc. v. Westin, Inc., 764 F. Supp. 1342 (D. Minn. 1990) - Patent infringement and trade secrets theft claim.

     

    Securities and Class Actions:

  • In re Equisure, Inc. Sec. Litig. (D. Minn. No. 97-2259) - Defended accounting firm on securities fraud class action and won dismissal under Private Litigation Securities Reform Act of 1995.
  • Nielsen v. Professional Financial Management, Ltd., 682 F. Supp. 429 (D. Minn. 1987); In re Professional Financial Management, Ltd., 638 F. Supp. 1283 (D. Minn. 1988); In re Professional Financial Management, Ltd., 692 F. Supp. 1057 (D. Minn. 1988); In re Professional Financial Management, Ltd., 703 F. Supp. 1388 (D. Minn. 1989) - Lead defense counsel for complex securities fraud, fraud and accounting malpractice claims arising out of sale of abusive tax shelters.
  • Monson v. Century Mfg. Co., 739 F.2d 1293 (8th Cir. 1984) - Class action ERISA and common law fraud claim.
  • Burns v. Ersek, 587 F. Supp. 719 and 591 F. Supp. 837 (D. Minn. 1984) - Securities fraud class action; established exception to American Pipe tolling doctrine for statute of limitations in class actions.
  • Casserly v. Shearson Lehman Hutton, Inc. (D. Minn.; No. 4-90-125) - Represented plaintiffs in $25 million securities fraud class action for sale of wind farm by Control Data, Inc.
  •   Schor v. Doherty, Rumble & Butler (D. Minn.) - Defended major Minnesota law firm on securities fraud and legal malpractice class action brought under fraud on the market theory.

     

    Contract:

  • Old Northwest Agents Ltd. Partnership v. United HealthCare Group and Principal Life Ins. Co. (Hennepin County District Court File No. 03-002739) - Obtained lucrative, confidential settlement of claim for health insurance broker against insurance companies for breach of contract to pay renewal premiums.
  • Riverdale Partnership v. Homart Dev. Co., 1992 WL 333619 (Minn. Ct. App. 1992) - Successfully defended claim to impose equitable mortgage on sale of $10 million of commercial property on grounds of fraud.

     

    Insurance:

  • Fidelity and Guar. Ins. Co. v. Global Technologies, Ltd., 117 F. Supp. 2d 911 (D. Minn. 2000) - Reformation of insurance policy.
  • National Union Ins. Co. v. Holmes & Graven, 23 F. Supp. 2d 1057 (D. Minn. 1998) - Determined that failure to disclose known claim in insurance policy application voids coverage.
  • Air Freight Express, Inc. v. Peters, 1993 WL 121257 (Minn. Ct. App. 1993) - Defeated Miller v. Shugart settlement on grounds that terms were unreasonable and a sham.
  • U.S. Fire Ins. Co. v. Goodyear Tire & Rubber Co., 726 F. Supp. 740 (D. Minn. 1989) - Established that punitive damages are not insurable in Minnesota.

     

    General:

  • Phalla Suon v. Khon Kong and United Cambodian Association of Minnesota, Inc. (Ramsey County District Court File No. 62-C7-06-000770) - Successfully defended this case through six days of trial, resulting in a jury verdict that completely rejected a claim of rape by a social services client against her case worker and his employer.
  • Interstate Power Sys., Inc. v. General Motors Corp. and Inland Truck Parts Co. (Hennepin County District Court File No. 05-1192) - Won dismissal of claim for tortious interference with distribution franchise agreement and sanctions for attorneys' fees against plaintiff.
  • In re Estate of Ann C. Dalbec, 2005 WL 1619867 (Minn. Ct. App.) - Successful defense of will contest and handwriting forgery claim.  The Minnesota Court of Appeals commented that the credibility of the plaintiff's handwriting expert was "effectively undermined" by Mr. Shroyer (WL 1619867 at p.4).
  • Duncanson v. Board of Supervisors of Danville Township, 551 N.W.2d 248 (Minn. Ct. App. 1996) - Successfully defended zoning moratorium on development of concentrated hog finishing operation.
  • Johnson v. Town of May, 1995 WL 479670 (Minn. Ct. App. 1995) - Successful defense of municipal zoning and planning law.

     

    • Admission

    Verified Minnesota

    1978

    Verified Iowa

    1977

    Education

    University of Minnesota

    Moss & Barnett Highlights

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