Attorneys

Education

William Mitchell College of Law, J.D., 2005, Magna Cum Laude

Michigan Technological University, B.S.

Bar & Court Admissions

  • Minnesota
  • U.S. District Court District of Minnesota
  • U.S. Court of Appeals 1st Circuit
Overview
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Paul Hemming is a member of the Business Litigation section. He has first and second chair litigation experience in bench trials, jury trials, commission hearings and ADR. Paul represents clients ranging from small business owners to large railroads on all types of business disputes and practices principally in the areas of:

  • Construction litigation
  • Railroads
  • Eminent Domain
  • Trust and Estate litigation
  • Business litigation  

Construction Litigation

Prior to joining Briggs, Paul was a practicing civil engineer for a national consulting engineering firm, focusing on heavy civil construction projects.  Paul brings his practical experience in the construction industry to his construction defect litigation practice. He regularly represents a national builder and developer on such matters, as well as owners, in complex construction disputes.

Railroads

In Paul’s railroad practice, he represents Class I carriers in commercial matters, typically contract disputes with other railroads. Paul has a deep knowledge of the way railroads do business with other carriers and the way joint facilities operate. He has represented Class I carriers in litigation over handling carrier agreements, short-line sales, rate disputes, haulage agreements and trackage rights agreements. On behalf of one Class I carrier, Paul obtained dismissal of another carrier’s $13M claim on summary judgment.

Eminent Domain

Paul’s eminent domain practice focuses on the representation of owners, railroads and utilities. He represents both landowners and condemning authorities from initial negotiations through condemnation trials. Paul is a long-time member of the Hennepin County Bar Association’s Eminent Domain Section where he served as the secretary, vice-chair and chair. He is regular CLE presenter on topics such as  litigation strategy under Minnesota’s recent statutory enactments under Chapter 117. On behalf of landowners, Paul has secured a number of large condemnation awards, with several vastly exceeding the compensation offered by the condemning authority. He also has secured multiple awards reimbursing owners for their attorney and expert fees incurred in condemnation litigation.

Trust and Estate Litigation

In Trust and Estate litigation, Paul typically represents corporate fiduciaries, though he also represents trust beneficiaries. He has prosecuted and defended against claims involving breach of trust, breach of fiduciary duty, fraud and negligence in Ramsey, Hennepin and Scott Counties. Paul works closely with lawyers in the Estate Planning and Administration group to achieve meaningful results on litigated matters.

Business Litigation

Paul represents a broad range of individual and corporate clients in his general business litigation practice including litigation on mortgage buy-back claims, shareholder and partnership disputes, non-compete and non-solicitation enforcement, land-use and zoning, business transaction disputes, general contract claims, mass tort actions and insurance coverage disputes. 

Honors & Awards

  • Up & Coming Attorney, Minnesota Lawyer, 2013

Experience

Construction Litigation

  • Regularly represent national home builder/developer in mass party construction defect litigation.
  • Regularly represent national home builder/developer on additional insured coverage matters.
  • Represented power generation entity regarding the design and construction projects using various project delivery systems including EPC, design, supply, furnish and install.
  • Represented specialty chemical manufacturer in litigation with multiple carriers (including multiple layers) to obtain coverage for asbestos mass tort liabilities.
  • Represented builder client in action commenced by homeowners association (HOA). Matter was confidentially resolved in client's favor at fourth mediation session one month before scheduled three-week jury trial.
  • Represented owner in construction defect litigation involving the construction of new corporate headquarters; Obtained injunctive relief against contractor's effort to arbitrate claims and settled case favorably.

Railroads

  • Negotiated favorable resolution of clean-up costs associated with anti-freeze spill for Class I carrier against tank-car owner.
  • Obtained declaratory relief for Class I carrier against short-line railroad on rates and defeated $13 million claim on summary judgment
  • Represented Class I carrier against other Class I carrier in private arbitration over haulage and trackage rights agreements.
  • Defended thousands of claims and numerous trials stemming out of a North Dakota derailment.

Eminent Domain

  • Regularly represent Class I railroad in condemnation proceedings initiated in Minnesota.
  • Represented commercial property owner in department of transportation condemnation action and obtained settlement after commission hearing over two and half time larger than condemnor's offer.
  • Obtained $2M plus settlement on behalf of restaurant owner in condemnation proceeding after two-week long commission hearing.
  • Regularly represent utilities in eminent domain matters as both condemnor and condemnee.

Trust and Estate Litigation

  • Defended corporate fiduciary against claims of fraud, negligent misrepresentation and breach of fiduciary duty.
  • Represented trust beneficiary in action against trustees on claims for breach of trust and breach of fiduciary duty that resulted in favorable resolution terminating the trust.

Business Litigation

  • Regularly represent Fortune 500 company in mortgage buy-back litigation, including defense of claims by Residential Funding Company bankruptcy estate.
  • Defended mortgage lender/servicer in lawsuit related to alleged violations of TILA, RESPA, state foreclosure statutes, and other consumer fraud claims, and in breach of contract lawsuit related to sale of mortgages.
  • Obtained favorable resolution for products manufacturer in lawsuit by former sales representative over commissions dispute after dismissal of claims without prejudice.
  • Obtained one of three judgments on a personal gauranty for a private investor and defeated debtor's argument that personal liability for judgments was limited to $1M guaranty cap.
  • Represented Fortune 500 company in litigation following the acquisition of mid-size company to pursue indemnity claims for breach of representations and warranty in an asset purchase deal, and negotiated a multimillion dollar settlement payment.
  • Prosecuted claims for reinsurance broker against competitor for violation of non-compete agreements and unfair competition; Obtained injunctive relief and favorable resolution.
  • Prosecuted claims for reinsurance broker for unpaid commissions on placements.