Dubinsky et al. v. Mermart, LLC

In February, 2010, the United States Court of Appeals for the Eighth Circuit affirmed the district court’s order dismissing all of plaintiffs’ claims against Dowd Bennett’s client Mermart, LLC.  Consistent with the positions Dowd Bennett advanced on behalf of Mermart, the Court of Appeals sustained the District Court’s holdings that the subordinate bond holder plaintiffs were required to obtain the consent of the senior mortgagees before bringing an enforcement action, and that the plaintiffs’ remaining tort claims were barred by the economic loss doctrine.

View Appellate Court Decision Affirming Dismissal and Original District Court Order of Dismissal:

February 10, 2010 Appellate Decision Affirming Dismissal by District Court (PDF)
April 15, 2009 District Court Order of Dismissal and Memorandum Opinion (PDF)