Professionals

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Representative Appeals

• Chicago Title Ins. Co. v. Old Dominion Title Servs. (Minn. Ct. App. Dec. 11, 2007) (obtained reversal of summary judgment on fraud, conversion, and alter ego claims)
• Schumacher v. Cargill Meat Solutions Corp., 515 F.3d 867 (8th Cir. 2007) (issue of first impression regarding construction of provision of Packers and Stockyards Act) 
• Commandeur LLC v. Howard Hartry, Inc., 724 N.W.2d 508 (Minn. 2007) (obtaining reinstatement of appeal found to be untimely by the Court of Appeals)
• In re Canadian Import Antitrust Litigation, 470 F.3d 785 (8th Cir. 2006), aff'g 385 F. Supp. 2d 930 (D. Minn. 2005) (dismissal of putative nationwide antitrust class action involving prescription pharmaceuticals)
• Triple Five of Minnesota, Inc. v. Simon, 404 F.3d 1088 (8th Cir. 2005) (reversal of remedy awarded in partnership dispute involving ownership of Mall of America)
• Nolan and Nolan v. City of Eagan, 673 N.W.2d 487 (Minn. Ct. App. 2003) (inverse condemnation claims involving flooding of commercial property)
• SFH, Inc. v. Millard Refrigerated Services, Inc., 339 F.3d 738 (8th Cir. 2003) (limitation of liability for gross negligence in $10-million fire loss)
• Bonzel v. Pfizer Inc. (Minn. Ct. App. July 29, 2003) (dismissal of claims involving patent license on grounds of forum non conveniens)
• Gratz v. Bollinger, 539 U.S. 244 (2003) and Grutter v. Bollinger, 539 U.S. 306 (2003) (constitutionality of race-based preferences in university and law school admissions)
• Brooks v. Howmedica, Inc., 273 F.3d 875 (8th Cir. 2001) (en banc) (state-law claims involving prescription medical device preempted)
• Green Tree Financial Corp.-Alabama v. Randolph, 531 U.S. 79 (2000) (amicus brief for arbitration administrator on scope of and procedures under Federal Arbitration Act)
• Berreman v. West Publishing Co., 615 N.W.2d 362 (Minn. Ct. App. 2000) (shareholder claims in closely held corporation)
• McClure v. American Family Mut. Ins. Co., 223 F.3d 845 (8th Cir. 2000) (claims by insurance agents terminated because of lobbying activities)
• Bruggeman v. Jerry's Enterprises, Inc., 591 N.W.2d 705 (Minn. 1999) (reversal of summary judgment because merger doctrine inapplicable to option to repurchase land) 
• Narum v. Faxx Foods, Inc., 590 N.W.2d 454 (N.D. 1999) (affirming dismissal of securities fraud claims as barred by statute of limitations)
• Klehr v. A.O. Smith Corp., 521 U.S. 179 (1997) (RICO statute of limitations)
• Minnesota Mining and Manufacturing Co. v. Nishika Ltd., 565 N.W.2d 16 (Minn. 1997) (obtained ruling resulting in reversal of $30-million award under UCC warranty)
• Regents of the University of Minnesota v. Chief Industries, Inc., 106 F.3d 1409 (8th Cir. 1997) (applicability of statutory economic-loss doctrine)
• In re Minnesota Asbestos Litigation, 552 N.W.2d 242 (Minn. 1996) (dismissal of claims against Australian asbestos supplier for lack of personal jurisdiction over Australian supplier of raw asbestos)
  

Representative Cases in District Courts

• Paulson, et al. v. 3M, C2-04-6309 (State of Minnesota, Washington County District Court) Defeated motion seeking class certification of a 67,000 member putative class claiming chemical exposure via drinking water contamination (2007) and obtained a defense verdict on the merits after a seven-week jury trial (2009).
• Microsoft Corp. v. Ion Techs. Corp., 484 F. Supp. 2d 955 (D. Minn. 2007) (violations of federal anti-counterfeiting statute related to computer software)
• In re Canadian Import Antitrust Litigation, 385 F. Supp. 2d 930 (D. Minn. 2005) (putative antitrust class action against pharmaceutical companies dismissed)
• Vohs v. Miller, 323 F. Supp. 2d 965 (D. Minn. 2004) (putative securities class action dismissed; insufficient pleading of scienter under PLSRA and SLUSA preemption)
• HealthPartners, Inc. v. Aetna Health Management, Inc. (D. Minn.) (breach of computer services agreement)
• Hanson v. Johnson (D. Minn.) (statute of limitations dismissal of claims brought by putative class under section 12(a)(1) of the Securities Exchange Act of 1933)
• Hou-Tex Trust v. Tuschner & Co. (D. Minn.) (fraud and negligent misrepresentation)
• Shukla v. United Defense (D. Minn.) (qui tam action under False Claims Act)
• Mozes v. Medtronic, Inc., 14 F. Supp. 2d 1124 (D. Minn. 1998) (learned intermediary doctrine bars failure-to-warn claims involving prescription medical device)
• In re Hennepin County 1986 Recycling Bond Litig. (Hennepin Cty. Dist. Ct.) (class action by bondholders alleging contract and good faith and fair dealing claims)