Appellate Decisions
Minnesota Supreme Court
Obtained reversal of Court of Appeals decision holding that failure to allocate covered and uncovered damages rendered Miller-Shugart agreement unreasonable as a matter of law; King’s Cove Marina, LLC v. Lambert Commercial Constr., Inc., 958 N.W.2d 310 (Minn. 2021). Argued.

Obtained affirmance of Court of Appeals decision rejecting discovery rule for accrual of cause of action in asbestos-exposure wrongful-death action; Palmer v. Walker Jamar Co., 945 N.W.2d 844 (Minn. 2020). Argued.

Obtained reversal of Court of Appeals decision in case establishing that FELA does not preempt Minnesota’s post-judgment interest statute; Alby v. BNSF Ry. Co., 934 N.W.2d 831 (Minn. 2019). Argued.

Represented local government in matter involving challenge to city’s transition to organized system of solid waste collection; Clark v. City of St. Paul, 934 N.W.2d 334 (Minn. 2019). Argued.

Obtained affirmance of Court of Appeals decision concluding that Minnesota Fair Labor Standards Act provides private cause of action for wrongful termination based on employee’s alleged failure to share tips; Burt v. Rackner, Inc., 902 N.W.2d 448 (Minn. 2017). Argued

Obtained reinstatement of $630 million arbitration award for computer-device company; Seagate Tech. v. W. Digital Corp., 854 N.W.2d 750 (Minn. 2014).

Case established extent of insurer’s duties to “color match” damaged property to undamaged property; Cedar Bluff Townhome Condominium Ass’n, Inc. v. American Family Mut. Ins. Co., 857 N.W.2d 290 (Minn. 2014). Argued.

Obtained affirmance of summary judgment on behalf of medical-records provider on grounds that Minnesota Health Records Act does not confer private cause of action; Larson v. Northwestern Mutual Life Ins. Co., 855 N.W.2d 293 (Minn. 2014). Argued.

Obtained reversal of Court of Appeals’ decision and achieved reinstatement of wrongful-death verdicts in consolidated railroad-crossing case on behalf of family of decedent client; Frazier v. Burlington N. Santa Fe, 811 N.W.2d 618 (Minn. 2012).

Minnesota Court of Appeals
Obtained affirmance of summary judgment on legal-malpractice claims and statutory-fraud claims. Argued.

Obtained affirmance of jury verdict and corresponding judgment of $1.9 million in breach-of-contract action; Vermillion State Bank v. Tennis Sanitation, LLC, --- N.W.2d --- (June 29, 2020). Argued

Obtained affirmance of defense verdict in case involving claims of usurpation of corporate opportunity and breach of fiduciary duty. Argued.

Represented client pro bono and obtained reversal of order denying client’s petition for harassment restraining order. Argued.

Obtained affirmance of probate decision. Argued.

Obtained reversal of district court order dismissing client’s contract claims on summary judgment. Argued.

Represented insurer in appeal from summary-judgment order and obtained affirmance of dismissal of bad-faith claims.

Represented company in appeal from jury verdict in asbestos-related wrongful-death action.

Obtained reversal of district court order denying advancement of fees to members of limited-liability company who were named as defendants in case seeking millions in damages.

Represented company in appeal from bench trial in case involving claims for breach of commercial lease.

Obtained reversal of district court order dismissing client’s wrongful-termination claim in case establishing that Minnesota Fair Labor Standards Act provides cause of action for wrongful termination based on alleged refusal to share tips; Burt v. Rackner, Inc., 882 N.W.2d 627 (Minn. App. 2016). Argued.

Obtained affirmance of personal representative’s decision to settle litigation over dissent from beneficiary; In re Estate of Brian K. Johnson, 878 N.W.2d 510 (Minn. App. Apr. 25, 2016). Argued.

Represented injury party in appeal from jury verdict in personal-injury action based on violations of district court’s orders on motions in limine. Argued.

Obtained reversal of district court’s grant of preliminary injunction against non-party in action to enforce non-competition covenants. Argued.

Represented attorney in appeal from dismissal of legal-malpractice claims. Argued.

Represented individual in appeal from civil-contempt order. Argued.

Obtained affirmance of jury verdict finding that defendant tortiously interfered with employment contract. Argued.

Obtained affirmance of district court’s denial of summary judgment to defendant based on qualified immunity. Argued.

• Obtained reversal of grant of summary judgment in subrogation action involving fatal propane explosion. Argued.

Obtained affirmance of grant of summary judgment to sellers in non-disclosure action involving sale of real estate. Argued.

Obtained affirmance of trial court’s award of money damages to client in real-estate development case under promissory-estoppel theory. Argued.

Obtained affirmance of grant of summary judgment to insurer in declaratory judgment action. Argued.

Obtained reversal of grant of summary judgment to defendant corporation in fraudulent-transfer case. Argued.

Obtained affirmance of grant of summary judgment to landowner in premises-liability case involving substantial injuries. Argued.

Obtained reversal of grant of summary judgment against taconite company in case involving damage to mining equipment; Driscoll v. Standard Hardware, Inc., 785 N.W.2d 805 (Minn. App. 2010). Argued.

Obtained reversal of district court’s refusal to enforce arbitration clause in real-estate purchase contract. Argued.

Obtained affirmance of district court’s denial of defendant’s motion to dismiss based on lack of personal jurisdiction. Argued.

Obtained affirmance of district court’s enforcement of anti-assignment clause in insurance contract; Star Windshield Repair, Inc. v. Western Nat’l Ins. Co., 744 N.W.2d 237 (Minn. App. 2008). Argued.

Appeal from dismissal of claims under Magnuson-Moss Warranty Act. Argued.

Obtained affirmance of district court’s order dismissing claims against client in summary judgment. Argued.

United States Court of Appeals for the Eighth Circuit
Represented client pro bono in appeal from denial of habeas corpus petition; Rhodes v. Smith, 950 F.3d 1032 (8th Cir. 2020). Argued.

Obtained affirmance of dismissal of claims against medical examiner pursuant to Heck doctrine. Argued.

Obtained dismissal of appeal based on jurisdictional grounds in case involving suit-limitation clause in insurance policy. Argued.

Obtained reversal of denial of summary judgment on behalf of police officer and employer on grounds of qualified immunity; Meehan v. Thompson, 763 F.3d 936 (8th Cir. 2014). Argued.

Iowa Court of Appeals
Obtained reversal of summary judgment dismissing client’s contribution claims in case arising out of death following discharge of anhydrous ammonia; Shaw v. PGI, Inc., 882 N.W.2d 512 (Iowa App. 2016). Argued.

Obtained affirmance of defense verdict against challenge to jury instructions in case involving industrial fire; Tamco Pork II, LLC v. Heartland Co-op, 870 N.W.2d 687 (Iowa App. 2015). Argued.

Court of Appeals of Wisconsin
Obtained reversal of summary judgment order dismissing client’s affirmative claims based on res judicata; Hull v. Gluwwe, 931 N.W.2d 266 (Wis. App. 2019). Argued.

Trials
Obtained jury defense verdict against assertion of claims for malicious prosecution, abuse of process, fraud, unjust enrichment, civil conspiracy, and punitive damages.

Obtained defense verdict for Oklahoma energy company in jury trial involving alleged tortious interference with frac-sand mining contract and claimed damages exceeding $60 million.

Obtained verdict for global medical-device company client arising out of breach of contract for a specified term of employment.

Part of trial team who obtained $630 million award for computer device company in case involving theft and misappropriation of trade secrets) (affirmed on appeal; Seagate Tech. v. W. Digital Corp. (2012)).

Obtained $1.4 million verdict for client in jury trial involving tortious interference with contract for a specified term of employment on behalf of global medical-device company client.

Obtained $2.4 million recovery for breach of buyout agreement involving casino-development project near Sacramento, Calif. on behalf of individual real-estate developer.

Obtained $4.9 million jury verdict for client in fraudulent-transfer case on behalf of individual entrepreneur client.

Obtained defense verdict for Nebraska trucking company in bench trial involving alleged employment discrimination.

Obtained defense verdict for premises owner in just trial involving alleged personal-injuries on behalf of landlord.