Recent Trials and Settlements

• Asbestos Cases
Living cancer victim's case settled for nominal payment after second day of trial against asbestos product manufacturer.

• Class Action
Represented 4,000 families in class action suit resulting in $45 million dollar settlement. The class involved defective in-floor heat system.

• Construction
Fire occurred during construction. Disputes resulted in relation to cause of fire and insurance coverage issues under builders risk policy. Jury returned favorable verdict to our client on causation issue, and the Minnesota Court of Appeals later affirmed the favorable trial court rulings on the issues related to insurance coverages.

• Commercial
Minnesota Court of Appeals affirmed favorable trial court result, requiring the payment of a real estate commission to our client. The Court of Appeals further reversed the trial court ruling that denied the award of attorneys' fees pursuant to the contract and awarded our client attorneys' fees.

• Defamation
Two local banks were involved in a dispute over statements made regarding the granting of a bank charter. After several motions before the trial court, all claims of defamation, restraint of trade and other negligent conduct were dismissed in favor of our client. The decision was affirmed by the Court of Appeals.

• Asbestos Wrongful Death Claim
Plaintiff claimed lung cancer caused by clients product- despite extensive smoking history. Dismissed after a defense verdict following a summary jury trial.

• Dog bite Case
German Shepherd took a piece out of minor plaintiff's lip resulting in permanent disfigurement. Trial resulted in a verdict less than half of plaintiff's lowest demand.

• Employment
Plaintiff brought claims related to alleged misappropriation of trade secret information by former employee and present competitor. Jury returned defense verdict in favor of our client and awarded our client damages pursuant to counter claims.

• Insurance
Minnesota Court of Appeals affirmed favorable trial court verdict in which our clients recovered over a million dollars in defense and indemnification obligations arising out of prior wrongful death and property damage lawsuits.

• Malpractice
Summary judgment obtained for client in legal malpractice claim, with court finding that plaintiff’s claims impermissibly sought to second-guess the trial tactics of our client in the underlying litigation.

• Premises Liability
Plaintiff fell on a clear liquid substance in our client's store aisle, breaking her left arm. Plaintiff had no idea how long the substance was on the ground. Store employees were also unable to state exactly when the area of the store was last inspected. At the close of plaintiff's case-in-chief, the Seventh Circuit judge directed a verdict in favor of the store.

• Plaintiff fell on steps at a golf course sustaining significant hip injury. Defense verdict in favor of land owner.

• Plaintiff fell in a car wash claiming the area was inappropriately maintained. Defense verdict.

• Products Liability
Plaintiff was riding a bicycle from and recently assembled by an employee of our client. After drinking an undetermined amount of alcohol, plaintiff rode the bike to an area gas station to purchase cigarettes. During his trip, the handlebars separated from the bicycle, causing plaintiff to crash through store window slicing his bicep muscle and causing other injuries. Jury verdict in favor of store.

• Products Liability
Plaintiff was injured when a tool he was using broke. The tool was sent to a metallurgist for examination before our client, the tool manufacturer, was given notice of the claim. Before suit was filed, the tool was lost by someone not under plaintiff's control. The case was dismissed due to spoliation of evidence. This was the first case in Minnesota where a plaintiff's case was dismissed as a result of conduct by a third party.

• Property Damage
Defense verdict, in Itasca County district court arising out of property damage claims against our client for allegedly causing water damage to neighboring property owner.

• Tobacco Case
Plaintiff claimed to be suffering from Mesothelioma, a form of cancer, after allegedly smoking cigarettes made by our client. The client, for a short time, used asbestos containing filters in one brand of cigarettes. After a lengthy trial, the jury found for our client. The jury also crossed out the stipulated damages with respect to medical expenses.

• Tractor-Trailer Defense
Plaintiff claimed significant closed head injuries, permanent brain damage, psychological difficulties and various soft tissue injuries following a collision with our client, a large over-the-road trucking firm. The driver of our client's tractor-trailer rear-ended plaintiff's vehicle at a controlled intersection. During trial, we were able to convince the jury that plaintiff was 35 percent at fault because she slammed on her brakes rather than going through a yellow light because a police car was stopped on the cross street. Additionally, through the use of detailed drug summary charts, we established the misuse or abuse of certain medications by plaintiff. After costs were deducted, plaintiff received less than $2,000, a prior offer of judgment of $120,000 had been made.

• Tractor-Trailer Defense
Plaintiffs' (three minor children) brought wrongful death claims arising out of the deaths of their parents who were burned to death following a collision with a tractor-trailer, which went out of control and crossed over the highway settled for a total of $500,000.

• Wrongful Death
Defense verdict obtained in St. Louis County district court arising out of a pedestrian motor vehicle accident in which jury determined that our client was not negligent for the accident that resulted in the death of the pedestrian.

• Wrongful Stop
Plaintiff alleged injury when three employees of our client stopped him as a suspected shoplifter. The case went before the Wisconsin Supreme Court where the tort of negligent supervision was first recognized. After the tort was recognized, the case was remanded for trial. During this trial our client was found to have properly supervised its employees and plaintiff recovered nothing.