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Attorneys

Matthew J. Schaap | Associate

Matthew Schaap is a litigation and trial attorney who assists clients with a variety of personal and business disputes.

Matthew began his legal career as a Judicial Law Clerk to Elizabeth Hayden, a Minnesota District Court Judge. As a Law Clerk, he played an active supporting role in the process of judicial decision-making.  He provided judges with the legal research, writing and analysis that they used to decide the legal questions and issues before them.  As a Law Clerk, Matthew also assisted in numerous jury trials in both the criminal and civil context.  This practical experience gave him first-hand exposure to winning trial techniques as he observed highly-effective trial lawyers both in the courtroom and also in chambers.

Matthew joined Dougherty Molenda in 2004 after completing his judicial clerkship. At Dougherty Molenda, Matthew focuses on litigation and trial practice.  Matthew’s primary goal in any litigation is to serve as a zealous advocate for his clients by thoroughly researching all issues (both legal and technical) that are important to presenting the case in court.  However, Matthew also focuses on helping clients to understand the legal process so that they can actively participate in the case and make informed decisions about its resolution.  To accomplish this goal, Matthew has developed a variety of practical guides to assist clients in understanding critical aspects of the legal process, such as discovery.  Like all litigation attorneys at Dougherty Molenda, Matthew provides his clients with early case analysis designed to 1) evaluate the risks of litigation and 2) develop successful trial strategies that maximize the likelihood of favorable trial or settlement outcomes.

At times, litigation involves an appeal to a higher court.  During law school, Matthew's appellate brief was selected by the Legal Writing Department faculty as the "Best Appellate Brief in the First Year Law School Class."  As an attorney, Matthew has continued his commitment to excellence in legal writing: He has authored or co-written numerous appellate briefs that led to affirmance of favorable outcomes for clients.  Matthew has also presented oral arguments in appeals before the Minnesota Court of Appeals and the Federal Circuit Court of Appeals (Washington, D.C.), receiving favorable decisions of affirmance from both courts.

In addition to his civil jury trial and appellate experience, Matthew has successfully represented the firm's clients at numerous mediations, arbitrations, court trials and motion hearings.  He has been recognized in Minnesota Law and Politics as a top young attorney and was named to the Minnesota Rising Stars® List in 2007, 2008, 2009 and 2010.

Professional Memberships

• Minnesota State Bar Association
  • Civil Litigation Section
  • Business Law Section
• Dakota County Bar Association

Professional Recognition

• Matthew's peers in the Minnesota bar recognized him in the 2007 through 2011 Minnesota Rising Stars® lists, a designation given to only 2.5 percent of Minnesota attorneys each year.

Court Admissions

• State of Minnesota
• United States District Court, District of Minnesota
• United States Court of Appeals, Federal Circuit

Judicial Clerkship

• Honorable Elizabeth A. Hayden, Seventh Judicial District, Minnesota (2002-2004)

Selected Cases and Significant Decisions

• Sharp v. Hayloft Prop. Mgmt. Co., 2012 Minn. App. Unpub. LEXIS 13 (Minn. App. Jan. 3, 2012)  (briefed and argued unemployment benefits appeal on behalf of employee, obtaining reversal of administrative law judge's decision against employee).
• Estate of Anthony Fox v. Fox Compactors, Inc. and Dennis W. Buhl,  (first-chaired six-day arbitration and received orders awarding client $110,315.50 due on a promissory note, $215,000.00 in past due patent royalties and $1.6M in future patent royalties, plus attorneys' fees).
• Michael L. O'Brien v. Friends of St. Croix Preparatory Academy, Washington County Court File No. 82-CV-08-7482 (Order, Mar. 6, 2010) (awarding attorneys' fees and costs of $69,458.33 to clients after dismissing case against clients).
• George O. Ensminger et al. v. Timberland Mortgage Services, Inc. et al., A09-1213 (Minn. App. Apr. 20, 2010) (affirming summary judgment of dismissal in favor of client, a residential mortgage lender).
• Michael L. O'Brien v. Friends of St. Croix Preparatory Academy, Washington County Court File No. 82-CV-08-7482 (Order, Dec. 2, 2009) (summary judgment of dismissal in favor of clients).
• Old Reliable Wholesale, Inc. v. Cornell Corp., 2009 U.S. Dist. LEXIS 25181 (N.D. Ohio Mar. 24, 2009) (granting summary judgment of dismissal in favor of client based on determination of patent invalidity), aff'd, 2009 U.S. App. LEXIS 26985 (Fed. Cir. Dec. 11, 2009).  Old Reliable Wholesale, Inc. v. Cornell Corp., 2010 U.S. Dist. LEXIS 8756 (N.D. Ohio Feb. 2, 2010) (granting judgment to client for $196,628.64 in attorneys' fees and expenses based on exceptional patent case finding), rev'd, 2011 U.S. App. LEXIS 5139 (Fed. Cir. Mar. 16, 2011).
• Instant Testing Company, et. al. v. Community Security Bank, et al., 715 N.W.2d 124 (Minn. App. 2006) (involving relocation benefits).

Publications

• Assisting Author, Minnesota Litigation Checklists §§ 1-1 et seq. (Matthew Bender & Company, Inc.) (2007). (Available in print and through Lexis.com)

Education

• Hamline University School of Law, J.D.
  • Law Review: Hamline Law Review, Managing Editor
  • Dean's List
  • CALI Award: Legal Research and Writing
  • Department Award: Best Appellate Brief in First Year Law School Class
• Calvin College, B.A., English

Community Involvement

• Board of Directors, Community Dental Care (St. Paul)
• Apple Valley Chamber of Commerce

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