Past Case Wins

Judgment for Family in Wrongful Death Case Meshbesher & Associates represented the next of kin of a young woman tragically killed by a negligent driver while she was commuting to work on her motorcycle. Damages recovered in the wrongful death action included loss of comfort and companionship, as well as loss of future earning capacity, sustained by the family.

Compensation for Exonerated Prisoner Client was wrongfully convicted of criminal sexual conduct and was imprisoned for over one year. He was exonerated and freed after law enforcement discovered evidence that the sole witness against him had falsely accused him. Meshbesher & Associates pursued a claim for compensation under Minnesota's recently enacted law that allows exonerated individuals to do so, and successfully negotiated a $475,000 settlement with the State of Minnesota at mediation.

Recovery - Motor Vehicle Accident, Ulnar Nerve Injury Client was a passenger in a vehicle involved in a collision in central Minnesota. The impact to the passenger side door caused damage to client's ulnar nerve in his arm. The injury resulted in permanent loss of range of motion and function to client's hand, and client incurred approximately $25,000 in medical expenses. Meshbesher & Associates obtained policy limit settlements of the liability and underinsured motorist claims, recovering a total of $350,000. This case is a good example of the rule that, under Minnesota law, injured accident victims are entitled to compensation not just for medical expenses and lost income, but for pain and suffering, loss of enjoyment of life, and disability as well.

Auto Liability And Underinsured Motorist Settlements For Injured Passenger Client was a passenger in his friend's SUV, returning from a hunting weekend, when they were struck head on by another vehicle that crossed the centerline on a county road in rural Minnesota. Client sustained serious compound fractures to his wrist and other injuries. Client also experienced gastrointestinal injury caused by the medications prescribed by his treating doctors. Meshbesher & Associates obtained a $100,000 policy limit settlement with the insurance company for the driver of the other vehicle and then negotiated a $200,000 underinsured motorist settlement with his friend's insurance company. Although his friend was not at fault, his friend's insurance company was obligated to pay underinsured benefits to our client because he was a passenger in the insured vehicle.

Settlement For Injured Victim Of Drunk Driving Client, a military veteran, was driving her vehicle in northern Minnesota when a drunk driver swerved into her lane and caused a serious two-vehicle collision. Client sustained a compound fracture to her ankle that required multiple surgeries to repair. Two liability insurance policies covered the drunk driver, as he was operating an insured non-owned vehicle with consent of the owner at the time of the collision, and also maintained his own auto policy. M&A settled with the primary liability carrier for $250,000 and the excess liability carrier for $25,000.

Uninsured Motorist Settlement - Proximal Humerus Fracture Client was walking to work in downtown Minneapolis, crossing a street in the crosswalk, when an uninsured driver struck him at a high rate of speed. Client sustained a proximal humerus fracture, which was treated by way of an open reduction internal fixation procedure. Because the at-fault driver was uninsured, the claim was submitted to client's own insurance company under the provisions of his uninsured motorist coverage. The insurance company made a small settlement offer at first, but eventually paid its policy limits - $250,000 - after Meshbesher & Associates filed suit and brought a motion alleging the insurance company acted in bad faith.

Auto Liability And Underinsured Motorist Settlements For Injured Driver Client was driving down a rural county highway in Minnesota when another vehicle, operated by a young and inexperienced driver, attempted to make a left-hand turn in front of her. Client sustained serious soft tissue injuries to her cervical spine in the head-on collision. Meshbesher & Associates demanded and obtained a $100,000 policy limit settlement of client's liability claim against the at-fault driver. Meshbesher & Associates then obtained a $92,500 settlement of our client's underinsured motorist claim through her own insurance company.

Jury Verdict For Injured Pedestrian Client was a pedestrian and was struck from behind by a pickup truck in a parking lot during her morning commute to work. She sustained a fractured right ankle, which was treated by way of an open reduction internal fixation surgery. Settlement efforts with the at-fault driver's insurance company were unsuccessful as the insurance company refused to offer adequate compensation. Rich Student tried the case to a jury in Hennepin County and obtained a verdict of $184,302.33 to compensate the client for her medical expenses, lost income, and past and future pain and suffering. By way of a post-trial motion, Meshbesher & Associates obtained an additional award of $17,861.70 for interest which had accrued between the date Meshbesher & Associates gave notice of the client's claim to the at-fault driver's insurance company and the date of the jury verdict.

Settlement - Wrongful Imprisonment, Federal Tort Claims Act Client was held in federal prison 406 days beyond his release date. Meshbesher & Associates filed a lawsuit under the Federal Tort Claims Act against the United States, alleging negligence and other claims for relief. Discovery revealed that employees of the Bureau of Prisons had miscalculated client's release date and that this miscalculation resulted in client's over-service of his prison sentence. Meshbesher & Associates obtained a settlement of $175,000 from the United States.

Settlement For Slip-And-Fall Victim Client was walking down a set of concrete steps at her friend's apartment complex when she slipped on ice that had formed on the steps, fell, and broke her ankle. Meshbesher & Associates obtained a $175,000 settlement through the landlord's property insurance, arguing the landlord had prior notice of the icy steps and the danger the ice presented, but failed to take reasonable measures to eliminate the dangerous condition.

Recovery - Facet Joint Injury and Radiofrequency Ablation Client was a passenger in a commercial vehicle and sustained a cervical facet joint injury. The injury was treated by multiple radiofrequency ablation (RFA) procedures - also known as radiofrequency neurotomy or rhizotomy, and client's treating doctor provided a written opinion that future RFA procedures would be required to treat client's injury. Meshbesher & Associates filed suit against the at-fault driver and commercial vehicle company, as well as client's own auto insurance carrier when it stopped paying no-fault medical benefits following an independent medical examination, and obtained favorable settlements in both cases for a total recovery of $166,250.

Settlement For Dog Attack Victim Client was outside her home with her daughter when a neighbor's dog came onto her property and attacked her, causing significant soft tissue injuries to her lower leg and calf muscle. Meshbesher & Associates obtained a $152,500 settlement through the neighbor's homeowner policy.

Settlement For Inmate Denied Emergency Medical Care Client was an inmate at MCF - Stillwater when he suffered from a rare and life-threatening epidural hematoma along his cervical spine. Despite his objections and reported neurological symptoms, a prison nurse failed to refer him to a medical doctor for further treatment. Later that night, prison guards also failed to bring him to a doctor. Our client sustained permanent neurological injury as a result of the delay in treatment. The state of Minnesota and Minnesota Department of Corrections settled the matter at mediation for $130,000.

Underinsured Motorist Settlement For Injured Passenger Client was one of three passengers in a vehicle involved in a serious single-vehicle collision. The at-fault driver did not have sufficient liability coverage to compensate the injured passengers. Meshbesher & Associates represented the client in an underinsured motorist claim with her own insurance company. Meshbesher & Associates demanded and obtained a $100,000 policy limit settlement of our client's underinsured motorist claim. The client's case illustrates the importance of maintaining sufficient underinsured and uninsured motorist coverage – there are bad drivers on the road and many of them do not maintain enough liability coverage to pay for the damages resulting from their negligent driving.

No-Fault And Liability Settlements For Injured Passenger Client was a passenger in a vehicle when the driver struck a railroad bridge support in Minneapolis at a high rate of speed. Client was diagnosed with fractured ribs. Meshbesher & Associates negotiated a settlement of the liability claim against the driver for $72,000. Meshbesher & Associates then demanded and recovered payment of $20,000 in medical no-fault benefits under the driver's auto policy, as the insurance company was obligated to pay such benefits regardless of the fact that the client's health insurance had already paid client's accident-related medical bills.

Auto Liability And Underinsured Motorist Settlements For Injured Passenger Client was a passenger in a pickup truck involved in a one-vehicle collision in rural Minnesota. She sustained a traumatic brain injury. Meshbesher & Associates obtained a $50,000 policy limit settlement of her liability claim, and also obtained a $30,000 policy limit settlement of her underinsured motorist claim through her family's insurance company.

Settlement - Motor Vehicle Accident, Aggravation of Lumbar Spine Condition Client was involved in a two-vehicle collision in which her vehicle was struck by another driver who failed to yield at a stop sign. The collision aggravated client's underlying lumbar spine condition, for which she had previously undergone surgery. Meshbesher & Associates settled client's liability claim with the at-fault driver's insurance company for $70,000.

Liability Settlement For Pedestrian Diagnosed With Concussion Injury Client was loading his vehicle when another vehicle backed into him, crushing him between the two vehicles. Client sustained a concussion and was diagnosed with post-concussion syndrome. Meshbesher & Associates obtained a settlement for $47,500 from the liability insurance company for the at-fault driver.

Alleged Drug Money Returned To Client The Dakota County Drug Task Force executed a search warrant on the client's apartment and seized $45,000 in cash from a safe in the bedroom. The currency was sent to the Minnesota National Guard Counterdrug Task Force, where ion-testing was conducted on the notes. The analysis revealed the presence of cocaine on the currency. The client was served with a forfeiture notice for all of the $45,000. Before trial, the Ramsey County Attorney's Office offered to settle the case by keeping half of the money and returning the other half to the client. The client rejected the settlement offer. Following a trial where testimony was taken from several drug task force agents and a sergeant of the Minnesota National Guard, Meshbesher & Associates successfully argued for a verdict in favor of the client. All $45,000 of the seized money was ordered returned to the client.

Settlement For Kitchen Cabinet Accident Client was a tenant at an apartment building in Minneapolis. Client had a partially herniated disk in her cervical spine which was aggravated when the kitchen cabinets in her apartment unit fell on her shoulder. The insurer for the apartment building initially offered $1,500 to settle the client's claim relating to damaged personal property inside the cabinets as well as her bodily injury claim. Meshbesher & Associates argued that our client sustained an aggravation of her underlying cervical disk injury, and obtained a settlement for $17,500.

Alleged Drug Money Returned To Client The client was charged with impersonating a police officer in Ramsey County after he held himself out to several people as a patrol officer with the West Saint Paul Police Department. Based on the surrounding facts of the case, Meshbesher & Associates was able to convince the prosecutor to dismiss the charge.

Aiding And Abetting First-Degree Controlled Substance (Felony) Appeal Client allegedly received money from a drug transaction sting operation. Through other counsel, our client pled guilty to one count of aiding and abetting, a first-degree controlled substance crime, with the expectation that he would serve three years in prison. Meshbesher & Associates successfully withdrew his plea then argued that the search and seizure of the client's vehicle and person were unconstitutional. The district court disagreed. Our client entered a new guilty plea and a six-month jail sentence was stayed pending appeal. On appeal, the search of our client's person was found to be unconstitutional. Charges were dismissed.

Alleged Road Rage Incident Our client was charged with pointing a handgun and claiming to be a police officer in an incident involving two other motorists in Carver County. If convicted, our client was facing up to seven years in prison and forfeiture of his truck and firearms. With the assistance of a seasoned private investigator, Meshbesher & Associates was able to turn the tables on the two individuals claiming to have been assaulted, ultimately showing that a substantial likelihood existed that their version of the incident was fabricated. As a result of the investigation and litigation, all charges against the client were dismissed by the prosecution. The client was then entitled to a complete expungement of all records.

Alleged Theft The client was investigated by the federal Department of Labor following allegations that he embezzled over $34,000 from the local union of which he was an active member. Meshbesher & Associates conducted a thorough investigation of a voluminous set of records and business documents and even hired an independent investigator to interview witnesses. Based on the investigation by Meshbesher & Associates and the investigator, the client was never charged. The client is now a member in good standing of his local union.

Assault Late in the night, the client was forcibly removed from a hotel room in Minneapolis for creating a disturbance. The Minneapolis City Attorney's Office charged the client with assaulting a security member of the hotel. Before trial, Meshbesher & Associates was able to convince the prosecutor to dismiss the case. The client was then entitled to a total expungement of all records relating to the case.

Assault Charges After Vikings Game Following the Vikings' final game at the Metrodome, the client was arrested for allegedly assaulting two members of security at a local bar. Meshbesher & Associates built a case against the bouncers, arguing that it was in fact the bouncers that assaulted the client. Based on the work by Meshbesher & Associates, the prosecutor agreed to dismiss the case against the client. The client was entitled to a full expungement of all records relating to the case.

Criminal Vehicular Homicide (Felony) Client was charged with criminal vehicular homicide and third-degree DWI after striking and killing a pedestrian on an unlit highway in the middle of the night. Client's BAC registered at .12. During pretrial proceedings, Meshbesher & Associates argued that the victim's death, while unfortunate, was inevitable and that our client would not have been able to avoid the accident even if he had been completely sober. Meshbesher & Associates negotiated a deal whereby our client received a stay of adjudication (no conviction) to the charge of criminal vehicular homicide. Our client was convicted solely of third-degree DWI.

Driver's License Cases

The client had a lifetime ban on driving in Florida due to multiple DWI convictions. The Minnesota Department of Public Safety refused to give the client a driver's license in Minnesota, telling the client it would only do so if he could show he was valid in Florida (which was impossible). Meshbesher & Associates filed a petition for reinstatement in Hennepin County District Court. Before a hearing on the petition, the Minnesota Attorney General's Office agreed to reinstate the client's driver's license.

Driver's License Cases The client had a lifetime ban on driving in Illinois due to multiple DWI convictions. The Minnesota Department of Public Safety refused to give the client a driver's license in Minnesota, telling the client they would only do so if he could supply them with a "clearance letter" from the state of Illinois (which was impossible). He had hired a lawyer to represent him in Scott County District Court on a petition to have his driver's license reinstated, which he lost. He then hired Steve Meshbesher & Associates and Meshbesher & Associates to represent him on an appeal to the Minnesota Court of Appeals. The court of appeals reversed the district court's order. The client then successfully applied for a driver's license and received one.

Federal Income Tax Evasion Charges Client was under investigation by the IRS and the U.S. Attorney's Office for federal income tax evasion. If charged and convicted of a felony, he would have been stripped of his professional license. Meshbesher & Associates successfully negotiated an agreement whereby the client pled guilty to one misdemeanor-level charge with minimal prison/halfway house time required as a condition. Client was able to maintain his professional licensure.

Felony Assault A fight broke out outside a bar in Washington County. A young man was knocked to the ground by a punch to his face. He hit his head and suffered a traumatic brain injury and was hospitalized. The Washington County Attorney's Office charged our client with third-degree assault, a felony. Over the course of a year, Meshbesher & Associates was able to build a case strong enough to convince the county attorney's office that sufficient doubt existed as to the perpetrator of the offense – essentially that they had the wrong guy. After a year of litigation, the Washington County Attorney's Office dismissed on grounds of insufficient evidence. The client was thereafter entitled to an expungement of all records relating to the case.

Felony Stalking The client was charged in Carver County District Court with a stalking crime that was enhanced to a felony-level offense because of prior convictions. The allegations were that the client had harassed his brother over several months via telephone. After many months of battling with prosecutors on issues over discovery, Meshbesher & Associates convinced the district court judge to dismiss the case in its entirety due to a violation of the client's constitutional right to a speedy trial.

Theft And Burglary Client was charged with fourth-degree DWI and fifth-degree possession of a painkiller medication for which he did not have a valid prescription. Following a pretrial evidentiary hearing, the state voluntarily dismissed the DWI charge. Our client pled guilty to the charge of fifth-degree possession with a stay of adjudication (no conviction) in accordance with Minn. Stat. § 152.18.

First- And Third-Degree Criminal Sexual Conduct (Felony) Client was charged with first- and third-degree criminal sexual conduct charges after an alleged victim claimed he had sex with her without consent and while she was unconscious, passed-out drunk. The state initiated two pre-trial appeals following favorable rulings in the district court. Five-and-a-half years after being charged, Meshbesher & Associates filed a motion to dismiss based on a violation of the client's constitutional right to a speedy trial. All charges were dismissed, and the case records were expunged.

First-Degree Controlled Substance Crime (Felony) Client was arrested and charged with first-degree possession of a controlled substance (methamphetamine) and felon in possession of a firearm (replica antique rifle) after his house was raided by police acting on information received from a confidential informant. Meshbesher & Associates located the informant with assistance of a private investigator. Meshbesher & Associates successfully argued that the search warrant application for the client's residence was deficient as it failed to contain relevant information regarding the unreliability of the informant. The district court agreed. All charges were dismissed. The replica antique firearm was returned.

First-Degree Criminal Sexual Conduct The client was charged in Mille Lacs County with first-degree criminal sexual conduct. The case was hard fought for the better part of six years. In the later years of the case, a special prosecutor from Minneapolis was hired by the county of Mille Lacs to prosecute our client. After many years of litigation, which included two pretrial appeals by the government, Steve Meshbesher & Associates successfully moved the district court to dismiss the entire case for a violation of the client's right to a speedy trial. The client then successfully petitioned the district court for a complete expungement of all records.

First-Degree Criminal Sexual Conduct Case A complaint charged the client with engaging in sexual relations with a teenage minor female over the course of several years in Anoka County. The case was hard fought over the course of two years. After a week-long hotly contested jury trial, the client was found not guilty on all charges. He later successfully petitioned the district court for a total expungement of all records relating to the case.

Fraud And Theft Charges The client was investigated in Hennepin County for engaging in a fraudulent scheme to obtain state assistance by misrepresentation. Search warrants were executed on his home and files and computers were seized. The investigation lasted over two years, during which time Meshbesher & Associates performed an independent investigation into the facts and allegations. After the passage of that time, the Hennepin County Attorney's Office declined to prosecute the client and all of his property was returned to him.

Impersonating Police Officer The client was charged with impersonating a police officer in Ramsey County after he held himself out to several people as a patrol officer with the West Saint Paul Police Department. Based on the surrounding facts of the case, Meshbesher & Associates was able to convince the prosecutor to dismiss the charge.

Meth Manufacture Client was arrested and charged with multiple offenses (conspiracy to manufacture methampetamine, first-degree controlled substance crime, tampering with anhydrous ammonia, felony possession of a firearm) for what appeared to be a simple methamphetamine cooking operation. However, Meshbesher & Associates uncovered an entrapment scheme initiated by police and an unreliable informant. All charges were ultimately dismissed due to police and prosecutorial misconduct. All case records were expunged.

Minnesota Supreme Court Reverses Court Of Appeals And District Court In Felony Drug Possession Case The client was stopped while driving her car in Anoka County. The police ordered the car impounded and made arrangements to have it towed from the scene. Before towing the car, the police conducted an inventory search of the car and discovered methamphetamine in a purse. The client was charged with felony drug possession and served with a notice of forfeiture for her vehicle. Meshbesher & Associates filed a motion in the district court asking the judge to suppress the drugs due to an unlawful search. The motion was denied. The client appealed. Several months later, the Minnesota Court of Appeals unanimously affirmed the district court. The client then petitioned the Minnesota Supreme Court to review the decisions of the lower courts. After many months and hard work, the appellate process paid off. The Minnesota Supreme Court reversed the decisions of the district court and court of appeals. The client's conviction and sentence were vacated. She was entitled to a full expungement of all records relating to the case. Additionally, the car was returned to her possession by court order.

Night Club Assault The client was arrested by the police following a fight at a Minneapolis night club and charged with misdemeanor assault. Meshbesher & Associates was able to convince the prosecutors to dismiss the case. The client was then able to have an expungement of all records.

Charges of burglary and kidnapping The client was represented by a public defender in St. Louis County on charges of burglary and kidnapping following a forcible home invasion. The client resolved his case by a plea and was ordered by the district court to pay over $22,000 in restitution to the victim. The client hired Steve Meshbesher & Associates to appeal his case, seeking, in part, a reduction in restitution. The Minnesota Court of Appeals reversed the district court's restitution order and remanded the case for an evidentiary hearing. Following the hearing, the district court reduced the restitution obligation to just over $3,000.

Forfeitures

Our client was randomly selected for enhanced screening at the Minneapolis airport. TSA agents located $90,000 in currency in his luggage, and a drug-detection dog made a positive alert to the currency. Later lab analysis determined trace amounts of cocaine residue were present on the currency. Meshbesher & Associates challenged the forfeiture claiming the search and seizure were unconstitutional. The U.S. District Court for the District Court of Minnesota agreed. Although the matter could have technically proceeded to trial, our client settled with the government and $80,000 was returned.

Possession Of A Firearm (Felony) Client was arrested and charged with first-degree possession of a controlled substance (methamphetamine) and felon in possession of a firearm (replica antique rifle) after his house was raided by police acting on information received from a confidential informant. Meshbesher & Associates located the informant with assistance of a private investigator. Meshbesher & Associates successfully argued that the search warrant application for our client's residence was deficient as it failed to contain relevant information regarding the unreliability of the informant. The district court agreed. All charges were dismissed. The replica antique firearm was returned.

Possession Of Dangerous Drugs With Intent To Distribute (Felony) — Montana Client was arrested and charged in Montana with one count of DUI as a first offense and possession with intent to distribute marijuana. Following months of negotiations, our client pled guilty to the charge of DUI with time served and no additional jail required. The felony charge of possession of dangerous drugs was continued for dismissal without a plea or admission of guilt.

Records Expunged In Felony Drug Possession Case The client was charged with felony drug possession following a search warrant executed on his home in Pine County. Through their independent investigation, Steve Meshbesher & Associates discovered that information contained in the search warrant affidavit was inaccurate. They filed a motion to suppress the drugs found in the home and prepared to take testimony from the officers who participated in the search. Before the hearing, the prosecutor dismissed the case in its entirety. The client then sought and received a full expungement of all records.

Theft By False Representation (Felony), Theft By Swindle (Felony) Clients, a husband and wife, were each charged with two counts of theft in excess of $35,000. If convicted, both clients would have faced deportation/removal by Immigration and Naturalization Services. Clients were both found not guilty following a bench trial. All case records expunged.

Theft Case The client was charged with misdemeanor theft. At the first court appearance, Meshbesher & Associates was able to convince the prosecutor to dismiss the charge outright. The client was then entitled to an expungement of all records relating to the case.

Theft Of Property (Felony) — North Dakota Client was charged with 52 counts of theft of property, fraudulent practices and conspiracy to commit those crimes for a scheme of securities fraud involving millions of dollars. All theft charges were voluntarily dismissed. Meshbesher & Associates successfully negotiated a plea agreement whereby the client pled guilty to seven counts of acting as an unregistered dealer of securities. At sentencing, the prosecution asked the judge for a sentence of at least six years in prison; our client was ordered to serve two years.

Vehicle And Cash Returned To Client In Drug Forfeiture The client and her boyfriend were stopped in Anoka County for suspicious driving and traffic violations. The boyfriend was arrested for DWI. A handgun and drugs were found in the client's purse inside the vehicle. The police seized the vehicle and nearly $4,000 in cash for forfeiture. Meshbesher & Associates filed a complaint in Anoka County District Court challenging the forfeiture. Meshbesher & Associates was able to convince the county attorney's office that the search and seizure of the drugs and gun were unlawful. Before trial, the county attorney's office agreed to return the vehicle and the cash to the client by a stipulated settlement. The vehicle and the cash were then returned to the client by court order.