Cowan Bros., L.L.C. v. American State Bank

GILBERTSON, Chief Justice.

[¶ 1.] In their answer to a foreclosure action, Cowan Brothers, LLC, Tigh Co-wan, Tork Cowan, and Treg Cowan (Co-wans) initiated a counterclaim against American State Bank (ASB), asserting thirteen causes of action 1 arising out of the parties’ lender/borrower relationship. The circuit court granted ASB’s motion for summary judgment on five of the causes of actions, one of which was breach of fiduciary duty. However, in the alternative, the circuit court granted ASB’s motion for summary judgment on all of Cowans’ claims on the basis of illegality and in pari delicto.…