Brownson Norby, PLLC is pleased to announce that attorneys Robert Brownson and Olivia Cooper, together with co-counsel from Tressler, LLP in Chicago, have successfully defeated an attempt by the Catholic Diocese of St. Cloud, Minnesota, and fourteen of its parishes, to amend their Complaint to re-assert claims for promissory estoppel, bad faith/breach of fiduciary duty, fraudulent misrepresentation, and tortious interference with contractual relations. These extra-contractual claims to purported insurance policies had previously been asserted against Brownson Norby client Arrowood Indemnity Company, and had been dismissed on March 16, 2018 by Chief Judge John Tunheim of the United States District Court, District of Minnesota. By its current motion, the Diocese and parishes sought leave to file an Amended Complaint to re-assert the claims. In siding with Arrowood Indemnity Company, Magistrate Judge Leo Brisbois denied that attempt in a ruling dated September 24, 2018. Magistrate Judge Brisbois held that the Diocese and the parishes had violated the Pretrial Scheduling Order in the case by failing to timely present their motion. Notwithstanding that, he also held that their proposed Amended Complaint did not cure the deficiencies in their attempted claims against Arrowood upon which the dismissal of those claims by Chief Judge Tunheim was based.
Finally, in addition to that ruling, Magistrate Judge Brisbois also rejected the Diocese and parishes’ attempt to add as additional parties Arrowpoint Capital Group and Arrowpoint Caspital Corporation as Defendants, holding that the proposed Amended Complaint failed to allege any legitimate claim against those entities.
The case is, Diocese of St. Cloud, et. al. v. Arrowood Indmenity Company, et . al., U.S.D.C., (D. Minn.), No. 17-CV-2002 (JRT/LIB).
To see the Order, click here.