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Experience

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). Obtained 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.

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 County Dist. Ct.). Class action by bondholders alleging contract and good faith and fair dealing claims.