Sund, Brian | Morrison Sund PLLC

Brian has successfully tried numerous cases in state and federal court: involving mechanic’s liens, insurance coverage, lien priority, contract disputes, construction defects, lease and land disputes.

Brian was awarded his JD from William Mitchell College of Law in 1988, and served as a staff member of the William Mitchell Law Review from 1986-1987. He completed his undergraduate studies at University of Wisconsin, Eau Claire with honors in 1983. He is admitted to practice in Minnesota and US Federal District Court. Brian served as law clerk to The Honorable Patrick W. Fitzgerald (Hennepin County District Court) in 1988-1989.

Brian chairs Morrison Sund’s Litigation Practice Group. He limits his practice to commercial litigation and appellate advocacy. He specializes in the areas of insurance defense (CGL, E&O, title, bonds, coverage), construction law and class action litigation. His clients include nationally-known insurance companies, real estate developers, home builders and hospitality concerns.

Representative Experience

Supreme Court

Imperial Developers, Inc. v. Calhoun Development, LLC, et al., 790 N.W.2d 146 (Minn. 2010).  This case firmly establishes when a mortgage is considered “of record” from a Torrens perspective and therefore determines its priority relative to competing interests.  It is now clear under Minnesota law that once a mortgage is filed with the Torrens office, it is immediately considered recorded and serves as notice despite the fact it has not yet been memorialized on a Certificate of Title.  Brian successfully effectuated a reversal from the Minnesota Supreme Court.

Riverview Muir Doran, et al. v. KKE, 790 N.W.2d 167 (Minn. 2010).  This is a seminal decision by the Minnesota Supreme Court in favor of an insured lender and holds that in the absence of any visible, on-the-ground improvements, or a recording of the underlying contract, an architect’s lien would only be superior to a lender’s interest if the lender had actual notice of the architect’s unpaid charges before the mortgage was recorded.  To establish priority, this decision holds, a lender or title insurer need only pay off any existing lien rights that it “knows” exist and are unpaid at the time of recording.  Consequently, lenders no longer need to worry about any unknown, on-going lienable services being rendered that relate back to the date of the initial service.

Eclipse Architectural Group, Inc. v. Lam, A10-1607 (Minn. 2012) (decision pending). Whether or not hand delivery of the lien statements satisfied Minnesota Statute Section 514.08’s requirement that the lien statements be “served personally.”

Appellate Court

Consolidated Lumber Company d/b/a Arrow Building Center v. Northern Lakes Construction of MN, Inc., et al. (No. A10-1472 Minnesota Court of Appeals)

Carlson v. First Revenue Assurance, (No. 03-1772 US Eighth Circuit Court of Appeals).  Lockbox activity at an unlicensed location did not violate Minnesota debt collection statutes or the Fair Debt Collection Practices Act. Summary judgment for defendant is affirmed.

Minnwest Bank, M.V. v. Vogt Heating, Air Conditioning & Plumbing, LLC; et al.  (No. A10-396 Minnesota Court of Appeals)

Evelyn I Rechtzigel Trust v. Fidelity National Title Insurance Company, et al., (No. A07-645 Minnesota Court of Appeals) (affirming denial of coverage)

Bureau of Collection Recovery, Inc. vs. Eden West Partners L.L.C., et al., (C6-00-2033 Minnesota Court of Appeals) 2001 Minn. App. LEXIS 784

Class Action

In re Lawnmower Engine Horsepower Marketing & Sales Practices Litigation (MDL No. 1999) (alleging consumer fraud, civil conspiracy, and common law unjust enrichment claims against manufacturers of lawn mowers and lawn mower engines)

Pastor Benjamin A. Johnson, et al, v. Evangelical Lutheran Church in America and Board of Pensions of the Evangelical Lutheran Church in America (0:2011cv00023, Minnesota District Court)

Waterman v. VS Holding Company (5:2010cv04038, Iowa Northern District Court, Western Division)

Orangeburg Milling Company, Inc. v. Premier Chemicals, LLC (2:10-cv-04450, U.S. District Court, Eastern District of Pennsylvania)

District Court of Minnesota

Bank of the West v. Sexton Lofts, LLC, et al. (27-CV-07-17067, Hennepin Co., MN), (complex mechanic’s lien litigation involving priority claims by numerous parties in the Sexton Lofts condominium development)

Belmarez, et al. v. Bureau of Collection Recovery (C6-03-534, Kandiyohi Co., MN), (defense of allegations of sexual harassment)

R.J. Marco Construction v. St. Anne’s, et al., (85-C0-99-000292, Winona Co., MN) (complex mechanic’s lien litigation involving priority and defects claims)

Harrington, et al. v. Threlkeld, et al. (03-8221, Hennepin Co., MN) (shareholder dispute)

Nicholson v. University of Minnesota FCU, et al. (CT 05-000210, Hennepin Co., MN) (lease dispute)

Cole’s Salon For You, Inc. v. Oppidan, incorporated, et al (70-1999-05107, Scott Co., MN)

R.J. Marco Construction, Inc. v. Sams Enterprises, LLC, et al. (27-CV-02-011121, Hennepin Co., MN)

Bureau of Collection Recovery, Inc. v. Eden West Office Building, L.L.C., et al. (27-CV-99-011114, Hennepin Co., MN)

In Re Woodland Container Corp., fka Woodland Container, Inc. vs. Wet Jet International, Inc. (01-C1-90-000139, Aitkin Co., MN)

Bankruptcy Court

In re Nedegaard, MERS v. Christians, (06-42800, U.S. Bankr. D. Minn.) (defense of insured lender against the bankruptcy trustee’s efforts to have the mortgage invalidated as a preference in a bankruptcy action.