Jason A. Lien
Partner
Overview
Jason Lien focuses his litigation practice on representing clients from the construction, real estate, financial services, food, and railroad industries. The 2018 edition of Chambers USA describes Jason as "an esteemed trial lawyer with a wealth of experience assisting with litigation mandates relating to construction defects and insurance coverage issues." Sources interviewed by Chambers USA deemed him to be "prepared, thoughtful, strategic and analytical." Prior to joining Maslon in 2002, Jason honed his trial and appellate skills as a Naval Officer with the United States Navy Judge Advocate General's Corps, where he led hundreds of courts-martial, administrative hearings, and military appeals.
Jason regularly appears in federal and state court on behalf of design-build firms, general contractors, architects, engineers, specialty contractors, property management companies, real estate owners, and lenders. A portion of Jason's practice also involves representing a major U.S. railroad in disputes throughout Minnesota and North Dakota.
In addition to his litigation practice, Jason served as a member of Maslon's Governance Committee from 2017-2019 and as the committee's vice chair from 2018-2019. He was recognized by Chambers USA for construction law in 2016-2019. Jason was also selected for inclusion on the 2015-2018 Minnesota Super Lawyers® lists as well as the 2006-2009 and 2011-2012 Minnesota Rising Stars lists.
Outside of the office, Jason is an avid triathlete and a two-time Ironman finisher.
Experience
Construction, Real Estate, and Financial Services
- Represented contractors, developers, design firms, property owners, lenders, real estate management companies, and non-profit groups in hundreds of disputes involving:
- defective design, defective construction, and delay claims;
- insurance coverage claims involving property damage arising from defective construction, remediation, business interruption, and loss of use;
- mechanic's liens claims and surety bonds;
- government contractor claims;
- land use and zoning;
- annexations;
- landlord-tenant disputes;
- partitions, easements, conservation easements, and boundary lines;
- property tax appeals;
- eminent domain proceedings; and
- commercial foreclosures, receivership actions, and loan workouts.
- Represented international bridge design firm in $80+ million dispute arising from claims made by bridge’s general contractor for additional compensation due, in part, to alleged design defects.
- Represented Fortune 500 company in $15+ million dispute arising from defective design and construction of data center's underground electrical feeder system.
- Represented national REIT in litigation regarding termination of purchase of agreement of real estate located in San Jose, California valued at $30+ million.
- Represented international engineering, procurement, and construction company in multi-state jurisdiction insurance coverage and bad faith litigation that resulted in successful recovery of damages arising from $100+ million design and construction dispute.
- Defended international design-build firm in several disputes arising from an allegedly defective design and construction of ethanol plants.
- Defended major commercial aggregate and ready-mix concrete supplier in disputes regarding alleged concrete defects, insurance coverage, and land use and zoning.
Railroads
- Represented major U.S. railroad in various real estate litigation matters throughout Minnesota and North Dakota, including right-of-way disputes, administrative law proceedings, quiet title actions, condemnations, land use, and lease disputes.
Food, Drug, and Product Liability
- Represented food company in contract dispute with international food additive supplier involving product recall and application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- Represented food manufacturers and restaurateurs in litigation involving contract, construction, commercial leases, and class action lawsuits alleging violation of the Fair and Accurate Credit Transactions Act (FACTA).
- Advised client on product recall and obtained multimillion-dollar jury verdict for client to recover recall costs and other consequential damages from supplier.
- Represented drug research and development corporation in contract dispute with service provider.
- Represented major medical device company in disputes to enforce non-competition, non-solicitation, and confidentiality agreements against former officers and employees.
- Assisted in obtaining injunction for minority shareholder to prevent controlling shareholders from taking actions to freeze out client from medical device manufacturing company, which ultimately resulted in multimillion-dollar buy-out settlement.
Healthcare
- Helped establish important legal precedent for healthcare industry on the admissibility of administrative disciplinary agreements in medical malpractice cases.
- Represented healthcare professionals in fraud investigations, licensing matters, contract disputes, non-competition agreement disputes, and misrepresentation claims involving the sale of medical practices.
- Represented healthcare service company in breach of fiduciary duty and fraud claim filed by minority shareholder.
Decisions
- In re Petition by Qwest Corporation for Resolution of a Dispute with BNSF Railway Company Over the Use of Railroad Right-of-Way Under Minn. Stat. § 237.045, 918 N.W.2d 578, (Minn. Ct. App. 2018)
- The Shaw Group, Inc. v. Zurich Am. Ins. Co., 2014 WL 6610010 (M.D. La. Nov. 20, 2014)
- Reed v. Insituform Tech., Inc., 2014 WL 359333 (D. Minn. Feb. 3, 2014)
- TheMLSonline.com, Inc. v. Regional Multiple Listing Service of Minnesota, Inc., 840 F. Supp. 2d 1019 (D. Minn. 2010)
- State v. Lombardo Bros. Mason Contractors, Inc., 90 A.2d 983 (Conn. Super. 2009)
- CFMOTO Powersports, Inc. v. NNR Global Logistics USA, Inc., 2009 WL 4730330 (D. Minn. Dec. 4, 2009)
- In re Buckmaster, 755 N.W.2d 570 (Minn. Ct. App. 2008)
- Dingxi Longhai Dairy, Ltd. v. Becwood Tech. Group, LLC, 2008 WL 2690287 (D. Minn. July 1, 2008)
- Aaron v. Crooks, 2006 WL 91454 (Minn. Ct. App. Jan. 17, 2006)
- Afremov v. Amplatz, 2004 WL 77851 (Minn. Ct. App. Jan. 13, 2004)
- State v. Windish, 2003 WL 22952735 (Minn. Ct. App. Dec. 16, 2003)
- Watkins, Inc. v. Lewis, 346 F.3d 841 (8th Cir. 2003)
- In re Foley Trust, 671 N.W.2d 206 (Minn. Ct. App. 2003)
- United States v. Ellis, 57 M.J. 375 (C.A.A.F. 2002)
- United States v. Oliver, 57 M.J. 170 (C.A.A.F. 2002)
- United States v. Williams, 57 M.J. 1 (C.A.A.F. 2002)
- United States v. Smith, 56 M.J. 271 (C.A.A.F. 2001)
- United States v. Adams, 65 M.J. 552 (N.M.Ct.Crim.App. 2006)
- United States v. Bell, 60 M.J. 682 (N.M.Ct.Crim.App. 2004)
- United States v. Starling, 58 M.J. 620 (N.M.Ct.Crim.App. 2003)
- United States v. Dezotell, 58 M.J. 517 (N.M.Ct.Crim.App. 2003)
- United States v. Quiroz, 57 M.J. 583 (N.M.Ct.Crim.App. 2002)
- United States v. Lilyblad, 56 M.J. 636 (N.M.Ct.Crim.App. 2001)
- United States v. Santiago, 56 M.J. 610 (N.M.Ct.Crim.App. 2001)
Honors
Notable Practitioner in Minnesota for Construction, Chambers USA, 2018-2019
Recognised Practitioner in Minnesota for Construction, Chambers USA, 2016-2017
Recognized on Minnesota Super Lawyers® list, 2015-2018 (Minnesota Super Lawyers® is a designation given to only 5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)
North Star Lawyer, Minnesota State Bar Association, 2015 (North Star Lawyer is a designation that recognizes members who provide 50 hours or more of pro bono legal services in a calendar year.
Recognized on Minnesota Rising Stars list as part of the Super Lawyers® selection process, 2006-2009, 2011-2012 (Minnesota Rising Stars is a designation given to only 2.5 percent of Minnesota attorneys each year, based on a selection process that includes the recommendation of peers in the legal profession.)
Named JAG of the Quarter by the Navy Judge Advocate General and JAG of the Year for the region by the Commanding Officer of the Naval Legal Service Office Central, 2001
Corpus Juris Secundum Award, Civil Procedure, 1996