Successful Dismissals By Motion

Successfully argued for the reversal of the denial of a motion to compel arbitration in a complex, multi-party, and multi-claim interpleader action that involved multiple breach-of-contract claims and resulted in our client recovering over $20 million. Benchmark Ins. Co. v. SUNZ Ins. Co., 36 F.4th 766 (8th Cir. 2022).

IWCO Direct Holdings Inc. v. Nahan Printing, Inc.: Represented leading provider of direct marketing services in action against former executives and their new employer alleging misappropriation of trade secrets, breaches of contract and breaches of duties of loyalty. Case settled on confidential terms after hearing on cross-motions for summary judgment.

Nunez v. Best Buy Co., 315 F.R.D. 245, (D. Minn. 2016): Obtained dismissal of case alleging pricing misrepresentations on a Rule 12(b)(6) motion.

Insulate SB, Inc. v. Advanced Finishing Sys., 2014 U.S. Dist. LEXIS 31188, 2014-1 Trade Cas. (CCH) P78,705 (D. Minn. Mar. 11, 2014): Counsel for fluid-handling equipment manufacturer Graco Inc. in putative nationwide antitrust class action alleging monopolization conspiracy. Successfully moved to dismiss all claims with prejudice. Further represented Graco in the appeal, where the judgment was affirmed. 797 F.3d 538 (8th Cir. Minn. 2015).

Obtained dismissal of a RICO case against a Fortune 50 company. In addition, obtained a sanctions award against the plaintiff’s counsel, a national law firm, for various discovery abuses and misrepresentations.

Successfully argued a motion to dismiss in Minnesota state court regarding claims of breach of contract and fraud. The Minnesota Court of Appeals affirmed.

Obtained dismissal on the pleadings of nationwide class action alleging breach of contract, violations of the Ohio & Kentucky Deceptive Business Trade Practices Act, and violations of the Ohio & Kentucky Consumer Protection Act. Successfully argued before the Sixth Circuit Court of Appeals which later affirmed.

Represented national retailer in nationwide consumer class action alleging breach of contract and unlawful merchandising practices.  Defeated class certification, was granted summary judgment, and subsequently obtained affirmance from the Missouri Court of Appeals.

Obtained dismissal on the pleadings of a nationwide class action alleging claims of fraud, rescission, and restitution in the District of Colorado.

Defeating Class Certification

Defeated class certification in the Northern District of Illinois where plaintiff alleged claims under the Illinois Consumer Fraud and Deceptive Business Practices Act, and for breach of the covenant of good faith and fair dealing, common law false advertising, unjust enrichment, and declaratory and injunctive relief. As a result, the plaintiff voluntarily dismissed the case.

Defeated class certification in the Central District of California where plaintiffs alleged claims under the California Consumers Legal Remedies Act (CLRA), Cal. Civ. Code § 1750; the Unfair Competition Law (UCL), Cal. Bus. & Prof. Code § 17200; the False Advertising Law (FAL), Cal. Bus. & Prof. Code § 17500; and for breach of the covenant of good faith and fair dealing; common law false advertising; unjust enrichment; and declaratory and injunctive relief.

Defeated class certification in a nationwide consumer class action in the Southern District of New York on behalf of a large national corporation. Plaintiff voluntarily dismissed and declined to appeal.

Defeated class certification in consumer class action brought in the Southern District of Florida alleging claims under the Florida Deceptive Uniform Trade Practices Act. Plaintiff voluntarily dismissed case with prejudice.

Obtained class decertification from the Texas Supreme Court on behalf of large corporation in a statewide consumer class action alleging breach of contract and unjust enrichment. 

Voluntary Dismissals, Settlements, Appeals, and Business Counseling (other than those mentioned above)

Successfully resolved a case involving Lanham Act and false advertising claims on behalf of a publicly-traded medical-device company.

Successfully resolved with a favorable business resolution a bet-the-company breach-of-contract case against a large distributor on behalf of a medical-device company.

Negotiated a $32 million settlement with a large health insurance company against a provider alleging fraud and violations of ERISA and deceptive trade practices acts as well as other legal theories.

Negotiated a class-action settlement on behalf of a large retailer in a Telephone Communication Protection Act action in the Western District of Washington.

Resolved a matter on behalf of a supplier in a case alleging violations of the Minnesota Termination of Sales Representatives Act.

Negotiated a non-monetary settlement after a class had been certified in the Southern District of New York. Despite a certified class, plaintiff’s counsel accepted just 30% of their lodestar to resolve the case before trial due to our strategic positioning of the case for trial.

Creatively obtained a temporary restraining order on behalf of an individual that enjoined her former employer from enforcing a non-compete provision. In its notice of appeal hoping to vacate the injunction, the defendants noted that they had "been unable to find a single appellate court decision in Minnesota in which an employee has sought, much less been granted, a TRO based on his or her declaratory judgment action." The parties settled on a confidential basis.

Obtained voluntary dismissal from the State of Ohio after obtaining sanctions against the State for discovery abuses.

Obtained voluntary dismissal from the State of Wisconsin against a large, nationwide corporation.

Obtained reversal from the Eighth Circuit of the lower courts' denials of asylum in a pro bono appeal entitled Hailemichael v. Gonzales, 454 F.3d 878 (8th Cir. 2008).

Member of post-remand trial team of Eolas Technologies, Inc. and The Regents of the University of California v. Microsoft Corporation. This case settled on confidential terms on the eve of trial.

• Children’s Theatre Company, Board of Directors
• The Advocates for Human Rights, Board of Directors
• The Fund for Legal Aid, Chair (2022) 
• Georgetown Law Alumni Board
• Legal Aid Society of Minneapolis, Board of Directors (2009-2015, term completed)
• Basilica of St. Mary, Trustee (2010-2016, term completed)
• The Basilica Landmark, Board of Directors (2010-2019, term completed)