Richard T. Thomson

Senior Counsel

Minneapolis

Tel 612.371.6213
Fax 612.371.3207

Richard T. Thomson has successfully litigated hundreds of disputes in state and federal courts across the country over the past 30 years. He has extensive experience defending banking clients in retail branch disputes involving deposit accounts and other payment methods, including disputes arising under Articles 3, 4, and 4A of the Uniform Commercial Code (UCC). Dick also represents clients in matters involving banking law, employment litigation, and commercial litigation.

Dick has been a frequent speaker at continuing legal education seminars. He also has published articles and taught courses on banking litigation, legal ethics, employment law, and bankruptcy law.

Services

Experience

Representative Matters

Munn v. Wells Fargo Bank, N.A., Index No. 63840/2022, 2023 N.Y. Misc. LEXIS 773 (Sup. Ct. Westchester Cnty. Jan. 9, 2023) (granting motion to dismiss plaintiff wire originator’s claim under UCC § 4A-207 with prejudice because (1) plaintiff lacked privity with defendant bank, and (2) defendant bank had no knowledge of misdescribed beneficiary when processing the subject payment order)
Kraft v. Office of the Comptroller of Currency, No. 20-4111, 2021 U.S. Dist. LEXIS 140805 (D.S.D. July 28, 2021) (denying plaintiff’s motion for leave to amend, to assert RICO claims against bank and bank’s board of directors)
Rideout v. Wells Fargo Bank, N.A., No. 21-3326, 2021 U.S. Dist. LEXIS 202872 (E.D. Pa. Oct. 21, 2021) (granting motion to dismiss claims arising from allegations of wrongful account opening)

Albino Constr. Co. v. Wells Fargo Bank, N.A., No. 21-35, 2021 U.S. Dist. LEXIS 114781 (E.D. Pa. Jun. 17, 2021) (granting motion to dismiss negligence claim premised on bank's supposed duty to assist borrower with PPP loan application)
McNeil v. Wells Fargo Bank, N.A., No. 20-6319, 2021 U.S. Dist. LEXIS 30052 (E.D. Pa. Feb. 18, 2021) (granting motion to dismiss claims arising from erroneous report of plaintiff's death)
DeFazio v. Wells Fargo Bank, No. 20-375, 2020 U.S. Dist. LEXIS 66848 (D.N.J. Apr. 16, 2020) (granting motion to dismiss claims of wrongful receipt of wire transfer)
Loza v. Wells Fargo Bank, No. 2:20-cv-01354, slip op. (C.D. Cal. Sept. 18, 2020)
Remtek Services, Inc. v. Wells Fargo Bank, N.A., No. 19-cv-12790, slip op., 2020 WL 241332 (Dist. NJ Jan. 16, 2020) (granting motion to dismiss claims of wrongful receipt of wire transfer)
Frederick J. Simon v. Wells Fargo Bank, N.A., No. C086688 (Cal. Ct. App. 2021), sustaining demurrer and affirming summary judgment and attorney’s fees in favor of the bank on breach of contract claims
Margaret L. Cantlon, et al. v. Wells Fargo & Co., No. 78629 (Nev. 2020), answering certified questions in favor of bank on application of Nevada statute
Shapiro v. Wells Fargo Bank, N.A., WL 6358750 (11th Cir. 2019)
Takuanyi v. Wells Fargo Bank, N.A., No. A18-062 (Minn. App. 2018)
Northeast Bank v. Hanover Ins. Grp., 769 F.3d 929 (8th Cir. 2015)
Patrick Finn and Lighthouse Management Group, Inc. v. Alliance Bank, et al., 860 N.W.2d 638 (Minn. 2015), amicus curiae
Wells Fargo Bank, N.A. v. WMR e-PIN, LLC et al., 653 F.3d 702 (8th Cir. 2011)
Boone v. Wells Fargo Bank, N.A., No. 07-3922 (D. Minn. 2009)
MSK Eyes, Ltd. and Muhannah S. Kakish v. Wells Fargo Bank, N.A., 546 F.3d 533 (8th Cir. 2008)
Clarinda Color, LLC v. Brian Nelson, et al., No. 0:04-cv-4917 (D. Minn. 2006)
Denelsbeck v. Wells Fargo & Co., a Delaware corporation, d/b/a Wells Fargo Bank, N.A., 666 N.W.2d 339 (Minn. 2003)
Donald Edward Halla, d/b/a Don Halla Investments v. Norwest Bank Minnesota, N.A., 601 N.W.2d 449 (Minn. Ct. App. 1999)
Christians v. Crystal Evangelical Free Church, 521 U.S. 1114 (1997)
Impulse Trading Incorporated vs. Norwest Bank Minnesota, N.A., 907 F. Supp. 1284 (D. Minn. 1995)
Airlines Reporting Corporation vs. Norwest Bank, N.A., f/d/b/a The Bank Wayzata, N.A., 529 N.W.2d 44 (Minn. Ct. App. 1995)
Green Circle Associates v. Norwest Bank, National Association, formerly known as Norwest Bank Minneapolis, National Association, 1995 WL 165013 (Minn. Ct. App. 1995)
Lakeland Medical-Dental Academy, Inc. vs. Norwest Bank Minnesota, N.A., and Cindy Kay Parks, 1992 WL 174712 (Minn. Ct. App. 1992)

Professional Highlights

Pro Bono Experience

General Counsel, Minnesota Mycological Society
Mentor, University of St. Thomas Law School

Recognition & Accomplishments

North Star Lawyer, Minnesota State Bar Association, 2012

Speaking Engagements

Presenter, "Wrongful Discharge – The Plaintiff's Case from the Horse's Mouth," Minnesota CLE Seminar, Minnesota Trial Lawyers Association, 1987

Publications

"Too Much for Too Little: The Restatement's Measure of Damages Where the Trustee Sells a Trust Asset for an Insufficient Price," 96 Minn. L. Rev. 2144, 2012

"Communication with Represented Parties in Civil Litigation," Professional Responsibility, Minnesota Institute of Legal Education, 1998

"Standing in Civil Cases to Disqualify for Conflict of Interest," Professional Responsibility, Minnesota Institute of Legal Education, 1998

"The Effective Date of Transfers by Check Under Section 547(c)(4) of the Bankruptcy Code: In Support of the Delivery Rule," 95 Commercial Law Journal, 217, 1990

Co-author, "The Latest Look at Wrongful Termination," Minnesota Trial Lawyer, Vol. 10, No. 2, 1985

Related Insights

Credentials

Education

University of Michigan Law School (J.D., cum laude, 1978)
Editor, Michigan Law Review

Amherst College (B.A., summa cum laude, 1974)
Phi Beta Kappa

Admissions

Minnesota

U.S. District Court for the District of Minnesota

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Eleventh Circuit

Minnesota Supreme Court

U.S. Supreme Court