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Justin H. Jenkins

Shareholder
p (612) 604-6411   f (612) 604-6891 
Education
Texas Tech University School of Law, J.D., 2005
Texas Tech University Rawls College of Business, M.B.A., 2005
St. Mary’s University, B.A., 2002
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Experience
Justin H. Jenkins is a shareholder with Winthrop & Weinstine, P.A., having joined the firm in 2011. Justin is a seasoned financial, insurance and real estate litigator, representing individuals, commercial businesses and financial institutions of all sizes in various areas of litigation nationwide. He is also one of the founders of the firm’s Food & Beverage industry group, representing Minnesota’s burgeoning restaurant, bar and hospitality industry. Justin is recognized by Minnesota Super Lawyers® as a Rising Star®.

Prior to joining the firm, Justin was a partner at a commercial litigation boutique in his home state of Texas. Justin and his wife, Dustee, live in Wayzata, Minnesota with their two children.

More detailed information about his practice can be found below; please see the Representative Matters tab for some examples of his past litigation experience.

Financial Institution, Securities, and Insurance Litigation
Justin focuses a significant portion of his practice on defending banks and insurance companies from securities claims, lender-liability actions, and various forms of insurance-related matters. He has a broad array of experience, successfully defending banks and insurers in multi-million dollar disputes in federal and state courts around the country. He has similarly represented broker-dealer firms and registered representatives in securities industry arbitration proceedings before the Financial Industry Regulatory Authority (FINRA).

Justin is also deeply experienced in creditors’ rights and bankruptcy matters, and has frequently represented the interests of various creditors in state, federal and bankruptcy court. He has counseled clients through the routine foreclosure of real estate liens, recovery of commercial equipment and inventory, as well as the protection of creditor’s rights in probate, criminal property seizure, and bankruptcy proceedings.

Trusts & Estate Litigation
Justin represents beneficiaries, individual trustees, institutional trustees and personal representatives in trust and estate litigation and dispute resolution. His past experience includes trustee fiduciary duty claims, trustee removal cases, improper use of family money, general trust and will disputes, creditor claims, tax issues and other cases.

Food and Beverage Law
Justin is one of the founders of Winthrop & Weinstine’s Food & Beverage industry group, through which he focuses on assisting restaurants, bars, food manufacturers and other hospitality businesses with a number of legal issues that are common in the industry. Justin has experience representing restaurants, food manufacturers, and other hospitality businesses both in litigation and in traditional business matters, including buy/sell agreements, real estate purchase and lease agreements, succession planning, vendor contracts, liquor licensing, employment counseling as well as state franchise laws.

Real Estate and Construction Litigation
In both Texas and Minnesota, Justin represents his clients in real estate and construction litigation. He has represented property owners through ownership/title disputes, lien priority claims, boundary line and land-use determinations and other real estate matters. Justin has also represented both owners and builders in connection with residential and commercial construction defect claims.



Bar Admissions
Minnesota, 2011
Texas, 2005
U.S. District Court for the District of Minnesota, 2012
U.S. District Court for the Northern District of Texas, 2006
U.S. District Court for the Eastern District of Texas, 2006
U.S. District Court for the Western District of Texas, 2007
U.S. District Court for the Southern District of Texas, 2006
U.S. Bankruptcy Court for the Northern District of Texas, 2006
U.S. Bankruptcy Court for the Eastern District of Texas, 2006
U.S. Bankruptcy Court for the Western District of Texas, 2006
U.S. Bankruptcy Court for the Southern District of Texas, 2006
U.S. Court of Appeals for the 5th Circuit, 2010

Representative Matters

  • Plaintiff’s counsel for multi-million dollar contract and tort dispute between a Minnesota dietary supplement manufacturer and an international pharmaceutical company. Justin’s client brought suit on a number of claims and defended a multitude of counterclaims in connection with the dispute. After two plus years of dispositive and nondispositive motion practice and intense document and deposition discovery, the parties reached a confidential settlement that was to the satisfaction of Justin’s client.
  • Member of a trial team that defended a major national bank in federal court in St. Paul, MN. The suit, brought by various pension and non-profit investment funds, alleged that the bank imprudently invested billions of dollars in allegedly highly risky fixed-income securities in its securities lending program. The plaintiffs also alleged that the bank fraudulently misled investors about those investments during the financial crisis of 2007-2008. After a seven-week trial, the jury returned a unanimous verdict in favor of his client on all claims and awarded zero damages.
  • Counseled trustee of high-net worth family trust that had been accused of breaching his fiduciary obligations as trustee. Justin guided the dispute to a satisfactory resolution and prevented litigation against his client.
  • Represented beneficiary of high-net worth family trust in claims for breach of fiduciary duty and for breach of trust for the Trustee’s failure to distribute trust assets to the beneficiary in accordance with the terms of the trust instrument. After months of litigation, Justin guided his client to a satisfactory settlement that resulted in the distribution of the assets to his client.
  • Counseled Minneapolis-based snow and landscape services company in enforcement of multiple non-competition and non-solicitation employee agreements in Minnesota and Wisconsin.
  • Represented a major financial institution in numerous disputes with automobile dealerships around Texas, including one that failed to repay several hundred thousand dollars in borrowed funds secured by the dealership’s inventory. When the lender attempted to repossess its collateral, it learned that the collateral had been sold by the dealership without repayment to the lender. The dealership then obtained an ex parte temporary restraining order preventing the lender from securing and recovering its remaining collateral. Justin and his colleagues successfully filed emergency motions to have the improper restraining order dissolved, and also obtained a court order authorizing the immediate recovery by the lender of the remaining collateral in the dealership’s possession, valued at over $4 million.
  • Defended a large lending institution against a multi-million dollar lender-liability claim asserted by an automobile dealership in federal court in the Eastern District of Texas. After substantial motion practice and discovery, the case was resolved through a confidential settlement.
  • Defended several major financial institutions from an assortment of claims for purported violations of various federal consumer protection statutes, including the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, resulting in favorable outcomes for his clients.
  • Defended a respected Twin Cities insurance agent and agency in Minnesota state district court against claims involving the suitability of a universal life insurance policy. The claim, which sought over $1.3 million in damages, was dismissed when the court granted summary judgment in favor of Justin's clients.
  • Represented a prominent mortgage company (the insured under a mortgagee title insurance policy) in a suit in federal court concerning the validity and priority of the mortgage company’s liens, which secured in excess of $2 million in loan proceeds. The case was resolved in favor of Justin’s client by the Fifth Circuit U.S. Court of Appeals, which upheld the validity and priority of the mortgage company’s liens.
  • Defended an insured’s ownership of their home in Texas state court, which was challenged by a competing lien holder claiming ownership under a contract for deed. After discovery, Justin successfully argued and obtained a summary judgment order from the court that his clients owned the property free and clear of the competing lien holder's ownership claim.
  • Served as second chair trial counsel in an arbitration proceeding involving a defective drainage system in a home valued at over $750,000. During a rain storm, the system failed, resulting in a devastating flooding of his clients’ home. The successful arbitration proceeding against the home builder resulted in an arbitration award covering repair costs for the drainage system as well as damages sustained from the water intrusion.
  • Served as lead trial counsel for a home builder in an arbitration proceeding involving claims related to a fire restoration project, and successfully obtained a substantial arbitration award for the unpaid work performed by the client. In addition, Justin also successfully defended counter claims that the construction was defective.

Community Involvement
  • State Bar of Texas
  • Dallas Bar Association
  • Federal Bar Association
  • Fellow, Dallas Association of Young Lawyers
  • Minnesota Restaurant Association, Advocacy Committee

Honors & Awards
  • Minnesota Rising Stars, Super Lawyers®, 2013-2016
  • NCAA Division II Collegiate Baseball – 4 year letterman; 2001 National Champion; Academic All Conference
 
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