Throughout the years, we have represented clients in appeals to the appellate courts in Minnesota, Wisconsin and Iowa, as well as federal courts of appeal in the Seventh and Eighth Circuits, and the United States Supreme Court. Averaging dozens of appeals per year, the appellate group handles appeals on a variety of civil legal issues in the following primary areas:
- Business Transactions
- Dram Shop
- Employment and Employer’s Liability (Part B Coverage)
- Insurance Coverage
- Workers’ Compensation
Federal Appellate Courts
- Minn. Voters Alliance v. Ritche, et. al., 720 F.3d 1029 (8th Cir. 2013). Affirmed dismissal of first amendment rights claim against election officials holding that officials had not deprived voters of the right to a meaningful vote, nor unconstitutionally diluted the vote, nor violated the rights of disabled voters.
- Bishop v. Glazier, 723 F.3d 957 (8th Cir. 2013). Affirmed dismissal of fourth amendment claim by motorist challenging police practices during stop and arrest on the basis of immunity.
- Wood v. SatCom Marketing, LLC, 705 F.3d 823 (8th Cir. 2013). Obtained dismissal of claims under the Minnesota Human Rights Act, Fair Labor Standards Act, Minnesota Whistleblower Act, and common law.
- Khoury v. Philips Med. Sys., 614 F.3d 888 (8th Cir. 2010). Obtained dismissal of personal injury claim brought by medical professional against manufacturer of medical device.
- Cameo Homes v. Kraus-Anderson Constr. Co., 394 F.3d 1084 (8th Cir. 2005). Obtained dismissal of claim alleging negligent oversight of municipal construction project.
State Appellate Courts
- County of Wash. v. City of Oak Park Heights, 818 N.W.2d 533 (Minn. 2012). Obtained dismissal of claim seeking refund of amounts paid for water and sewer services.
- City of N. Oaks v. Sarpal, 797 N.W.2d 18 (Minn. 2011). Established that equitable estoppel may not be used as a theory of liability against governmental entities where only a good faith mistake is alleged.
- Anderson v. Anoka Hennepin Indep. Sch. Dist. 11, 678 N.W.2d 651 (Minn. 2004). Obtained dismissal of negligence claim brought by student who was injured while using a table saw.
- Federated Ins. v. Iowa Mut. Ins. Co, 659 N.W.2d 207 (Iowa 2003). Established that in an action for contribution between insurers where each policy purports to provide only excess coverage, each insurer’s coverage obligation is based on a pro rata share of each company’s policy limits.
- Vezina v. Best Western Inn Maplewood, 627 N.W.2d 324 (Minn. 2001). Established that the offset against permanent total disability benefits for receipt of government disability or retirement benefits was to be applied dollar for dollar even though the offset could reduce the employee’s workers’ compensation benefits paid below 65% of the average weekly wage.
- Bruns v. City of St. Paul, 555 N.W.2d 522 (Minn. 1996). Reversed an award of permanent partial disability benefits payable at the higher tier of economic recovery compensation.
- Even v. Kraft, Inc., 445 N.W.2d 831 (Minn. 1989). Found that the employee had failed to establish he was disabled by a work injury at the time he left his employment.
- Caraher v. City of Menomonie, No. 01-2772 (WI Ct. App. June 4, 2002). Obtained dismissal of wrongful death suit that challenged maintenance and design of city’s sewer system.
- Nelson v. City of Birchwood, No. A09-230 (Minn. Ct. App. Oct. 27, 2009). Obtained dismissal of due process and equal protection claims brought by property owners who sought access to a lake and the right to build a dock.
- City of Owatonna v. Rare Aircraft, Ltd., No. A08-1642 (Minn. Ct. App. June 16, 2009). Obtained dismissal of claim brought by airport operator who alleged that City was in breach of contract for terminating a fixed-base-operator agreement.
Thomas L. Cummings (Workers’ Compensation Appeals)
Minnesota Defense Lawyer Association Amicus Subcommittee, American Bar Association and DRI, Appellate Practice Sections, Appellate Lawyer Network, and Minnesota State Bar Association, Appellate Practice Subcommittee.