Kim Ruckdaschel-Haley

Partner

ruckdaschelhaleyk@ballardspahr.com
Tel 612.371.3946
Fax 612.371.3207
Minneapolis

Kim Ruckdaschel-Haley is an experienced litigator who regularly represents institutions and individuals in complex commercial litigation and arbitration matters, including financial fraud, securities, contract, fiduciary duty, trust and estate, corporate governance, and other business disputes. She also provides advice in an effort to find efficient solutions short of the courtroom where doing so meets the clients' goals.

Kim has extensive experience litigating in both federal and state courts, as well as in resolving matters through arbitration, including AAA, FINRA, and other arbitration forums. Active in pro bono work, Kim serves as a conciliation court referee for the First Judicial District Court, and has received awards for her work in representing indigent clients in immigration and expungement matters.

Representative Matters

  • Obtained early dismissal of loan originator in ResCap Liquidating Trust Litigation (Minnesota Federal District Court -- consolidated action of over 60 cases involving mortgage-backed securities).
  • Successful representation of credit card issuer against class action claims under the Fair Debt Collection Practices Act (FDCPA) and California FDCPA; practice resulted in effective resolution of claims for defense costs, with settlement paid 100 percent by the other defendant debt collector.
  • Counsel for corporate trustee of South Dakota dynasty trust through multi-jurisdictional dispute involving federal courts and state court, securing approval of fiduciary fees, preservation of South Dakota situs, and no liability for corporate trustee caught in the middle of familial dispute.
  • Successfully defended securities issuer against federal and state securities fraud claims involving more than $3.3 million bond offering; defense included early-stage motions to dismiss which resulted in dismissal of securities fraud claims, as well as various common law claims.
  • Achieved favorable resolution on behalf of credit card issuer in multiple complex litigation actions before substantial discovery where claims alleged wrongful practice in connection with the marketing, sale and administration of ancillary products.
  • Achieved favorable result and resolution for trust company in litigation involving claims of first impression under the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.
  • Successfully represented corporate fiduciary to defend breach of fiduciary duty claims. All claims against the fiduciary were dismissed and all fees incurred by the fiduciary were allowed.
  • Successfully defended financial services institution against claims alleging breach of fiduciary duty in multi-million dollar conservatorship; result included resolution of all claims with no payment by institution.
  • Summary judgment in favor of Fortune 100 client binding Fortune 100 adversary to lease terms, finding adversary to be in breach of lease restrictions, and determining that client's claims were not barred by statute of limitations, laches, and waiver.
  • Multiple arbitration awards in favor of Fortune 100 client for monetary damages and attorneys' fees against retailers for amounts owed by contract for products and services.
  • Defended several related companies against claims brought by a minority shareholder. The defense resulted in early dismissal of several of the companies from the litigation, defeat of the minority shareholder's receivership motion, and dismissal of the majority of shareholder's claims resulting in favorable settlement for clients.
  • Defended individual directors and owners of a limited-liability company against claims brought by a disgruntled member seeking over $3 million in alleged damages. The defense resulted in early dismissal of the claims against several of the individuals and favorable arbitration awards for the remaining individuals and company.

Professional Activities

MSBA Civil Litigation Council, 2018-2019

Minnesota Trial Lawyers Association, Member

American Bar Association, Member

Federal Bar Association, Member

Association of Trial Lawyers, Member

Minnesota State Bar Association, Probate and Trust law Section, Member

Recognitions and Accomplishments

The Best Lawyers in America, trusts and estates litigation, 2020

Alan J. Davis Award, May, 2019

North Star Lawyer, Minnesota State Bar Association, 2013-2019

Leonard E. Lindquist Pro Bono Award, 2008

Minnesota 100 Leadership Program

Speaking Engagements

Panelist, "Just, Fair, Reasonable, and Necessary - The Current Landscape of Attorneys’ Fees in Probate Court Proceedings," October 24, 2019

Panelist, "Advising Fiduciaries," MN CLE Webcast, May, 2019

Co-Presenter, "Served with a Subpoena, Now What?" Financial Planning Association, June 2018

2017 Advanced Lending Seminar, Complimentary Seminar, May, 2017

2016 Sioux Falls Card Issuer Workshop, Complimentary Seminar, November, 2016

"Trustee's Role in Litigation," Trust and Estates Lunch & Learn Series, Seminar, October, 2016

Speaker, "Litigation, Enforcement Actions and Arbitration," Consumer Finance Regulatory Workshop, November, 2015

Expungement Workshop, Volunteer Lawyers Network, August, 2015

2014 Sioux Falls Card Issuer Workshop, Complimentary Seminar, November, 2014

Speaker, "Regulatory Issues and Litigation Impacting Credit Card Issuers," Lindquist & Vennum Card Issuer Seminar, November, 2014

Co-Presenter, "Case Law Update Regarding Probate, Trust, Conservatorship and Guardianship Matters," Minnesota CLE, January, 2014

"Regulatory Issues and Litigation Impacting Credit Card Issuers," Lindquist & Vennum Card Issuer Workshop, 2010, 2012, 2014

2012 Lindquist & Vennum Card Issuer Workshop, Complimentary Seminar, October, 2012

Presenter, Directors & Officers Liability Forum by AON, Lindquist & Vennum, and the University of St. Thomas, January, 2012

Presenter, "Arbitration: Hot Topics in 2012 & Practice Tips for Advocates and Arbitrators," ADR Institute, January, 2012

Community Activities

Minnesota Youth Rugby, Board Member

Hopkins Royals RFC, Secretary, 2011 to present

Volunteer Lawyers Association, Supervising Attorney for Expungement Clinics

First Judicial Circuit Conciliation Court, Referee, 2013 to present

University of South Dakota (M.A. 1993)

University of South Dakota School of Law (J.D. 1991, first in class)
Editor-in-Chief, South Dakota Law Review

South Dakota State University (B.A. 1987, with highest honors)

California

Minnesota

U.S. District Court for the District of Minnesota

U.S. District Court for the Southern District of California

U.S. District Court for the Eastern District of California