Representative Litigation

Wiley has represented dozens of clients, ranging from large multi-national corporations, regional companies, sole proprietorships, and individuals in federal courts, state courts, mediation and arbitration.  Below is a sample of cases in which Wiley has represented clients or managed outside counsel in litigation.

Type of Case/Cite  Summary of Representation
WORKPLACE LAW MATTERS 
Labor/ Arbitration:
Minnesota Teamsters Local 320 v. County of Sherburne, File No. 71-cv-11-1265,  (Sherburne County  2011)
Successfully defeated union’s motion to compel arbitration based on terms of employee’s last chance agreement, avoiding costly dispute and enabling termination of employee.
Disability Discrimination and Retaliation:
Gieneart v. Seagate Technology, L.L.C, 2003 WL 1883297, (D. Minn. 2003) 
Successfully moved for summary judgment dismissing plaintiff’s alleged claims of discrimination based on disability and retaliation.  Plaintiff claimed he had been terminated due to back condition and bi-polar disorder.
Discrimination:
Gaboury v. Sears, Roebuck and Co., 0:05-cv-00823 (JMR-FLN) (D. Minn. 2006)
Successfully defended Sears’ attendance policy against claim alleging it violated the Minnesota Human Rights Act (“MHRA”) in a summary judgment motion.
Contract/Golden Parachute:
Berlin v. Arcadia Financial Ltd., 27-CV-99-006261 (D. Minn. 1999). 
After a five-day hearing in AAA arbitration proceeding, obtained award of $1.15 million in damages for executive in a claim for severance payments.  Conducted over fifteen depositions, including depositions of the CEO and CFO of a large financial services company.  Responsible for writing briefs on evidentiary issues and post-hearing briefs.
Race/Sex Discrimination:
Ladd v. Grand Trunk Western R.R., Inc., 2007 WL 3346377 (E. D. Mich. 2007) 
Successfully defended management in a claim under Title VII of the Civil Rights Act of 1964 alleging discrimination on the basis of race and sex, a hostile work environment, and retaliation in a summary judgment motion.
Race Discrimination:
Scott v. Canadian Nat. Ry. Co., 2006 WL 399692 (D. Minn. 2006)
Successfully defended management in claim racial discrimination, hostile environment, and constructive discharge under Title VII, Section 1981, and state law.
Race Discrimination:  EEOC v. Grand Trunk Western Railroad, Inc., Court File No. 5:05-CV-60153 (D. Minn. 2005) Successfully defended management in a racial discrimination claim brought by the EEOC under Title VII, Section 1981, and claims of intentional infliction of emotional distress, and loss of consortium, and state law causes of action in a summary judgment motion.
ERISA:
Marget v. Fresenius Medical Care North America,  2007 WL 1752831 (D. Minn. 2007)
Successfully defended management against plaintiff’s ERISA claim seeking short term disability benefits.
Race Discrimination:
Elnashar v. Speedway SuperAmerica, LLC,     484 F.3d 1046 (8th Cir. 2007) 
Successfully secured summary judgment dismissal of plaintiff’s claim where he alleged he was subject to race discrimination and a racially hostile work environment, which he claimed culminated in his constructive discharge.  Affirmed on appeal.
ADA/FMLA/MHRA:
Rask v. Fresenius Medical Care North America, 509 F.3d 466 (8th Cir. 2007)
Successfully procured affirmance of district court dismissal of plaintiff claims that she suffered from a mental disability (depression) and that employer terminated her in violation of the Americans with Disabilities Act (ADA), the Minnesota Human Rights Act (MHRA), and the Family and Medical Leave Act (FMLA).
Discrimination/ERISA:
Hamilton v. Sears. Roebuck and Co., 2009 WL 4884319 (9th Cir. 2009)
Successfully moved for summary judgment for large retailer against employee’s claims under Title VII for sex discrimination and retaliation.  District Court order was affirmed on appeal.
Discrimination and Employment Torts:
LaShomb v. Brooklyn Center Motors, LLC, d/b/a Luther Brookdale Chrysler Jeep, Court File No. 27-CV-06-15558 (Hennepin County 2006)
Successful resolution at summary judgment of plaintiff’s claim that supervisor and employer were liable for sex harassment, assault, battery, negligence, negligent retention/supervision, and negligent infliction of emotional distress.
Same-Sex Harassment:
North Dakota Dep’t of Labor v. Sears Roebuck and Co., NDOAH, No. 20050021   (2005)
Successfully defended one of the first administrative hearings in the NDDOL in a claim asserting same-sex sexual harassment (male homosexual), discrimination under N.D.C.C. 514-02.4-03, and constructive discharge on the basis of a charge of discrimination.
Contract/Defamation:
Henry v. Radiology Associates of the Fox Valley, State of Wisconsin, Circuit Court Branch, Winnebago County, Case No. 05 CV 1004 BR 4, Case Code No. 30303 & 30107 (2005)
Negotiated successful settlement in protracted litigation involving claims by two doctors against employer alleging defamation and breach of contract.
ADA:
EEOC v. Seagate Technology, LLC, 2003 WL 2245440 (D. Minn. Oct. 23, 2003)
Successfully defended claim by, Equal Employment Opportunity Commission (“EEOC”) against Defendant alleging that Seagate violated the ADA by failing to accommodate and then terminating employee.
Employment Torts:
Warren v. Lowe’s Home Centers, Inc., Case No. 02-CV-364, (Belmont County Ohio, 2003)
Achieved partial summary judgment dismissing plaintiff’s claims for defamation, negligent supervision, negligent retention, and tortious interference with contract. After lengthy mediation, achieved successful, low-dollar, settlement for client on claims of false imprisonment, malicious prosecution, and intentional infliction of emotional distress.
Respondeat Superior/Tort:
Hall v. AmericInn International, LLC, Bass Hotel and Resorts, Court File No. c1-01-1430
(Freeborn County, 2002)
Successfully procured summary judgment on behalf of a large Minnesota-based hotel franchisor in a lawsuit involving whether the franchisor was liable for personal injuries to an employee at a franchise location.
Sex Harassment:
Iowa civil rights commission
Primary counsel defending a large Iowa manufacturing client against a claim by a former employee alleging sexual harassment under Title VII.  Conducted discovery, interviewed key fact witnesses, deposed the plaintiff and other critical witnesses, and toured the manufacturing facility.  After obtaining critical admissions in the plaintiff’s deposition, persuaded the plaintiff to voluntarily dismiss the case.
Whistleblower:
Job v. Prestige Resorts and Destinations, Ltd., Court File. No. 27-cv-04-014714 (Hennepin County Dist. Court. 2004)
Successfully defended claim against management that plaintiff was wrongfully terminated under the Whistleblower Act and  derivative claims for intentional infliction of emotional distress, intentional interference with contract, and negligence as a result of her termination.
Employment Contract:
Kjos v. American Family Ins., 2003 WL 21792115 (Minn. Ct. App. 2003).
Primary responsibility to defend a large insurance company client in a case involving the company’s right to terminate an agent for his failure to devote his best efforts to his agency.  Conducted discovery and prepared and argued a motion for summary judgment in Minnesota District Court.  Successfully obtained summary judgment on behalf of the client, and subsequently prepared appellee’s brief to the Minnesota Court of Appeals.  Successfully obtained affirmance for the client on appeal.
Whistleblower:
Schlemmer v. Seagate US LLC, 0:02-cv-04334-DSD-JSM (D. Minn. 2005)
Successfully defended large computer manufacturer against plaintiff’s claim that his termination violated the Minnesota Whistleblower Statute, Minn. Stat. § 181.932 et seq.
ERISA/ Employment Termination:
Martinez v. General Mills, Inc., 0:04-cv-04643 (D. Minn. 2005)
Successfully defended General Mills in a claim for disability benefits due to plaintiff’s fraudulent claims activity.
TRO/Trade Secrets:
Accu-Bite, Inc. v. Becker Parkin Dental Supply Co., Inc., Case No. 05-1271-CB Circuit Court of Ingham County, Michigan, (2005)
 Quickly collected information, obtained witness statements, researched case law, and prepared briefs for TRO and preliminary injunction hearings claims for breach of contract, theft of trade secrets, unfair competition and tortious interference with contractual relations.  Negotiated a favorable resolution.
Unfair Competition and Trade Secrets:
Wells Fargo Financial Minnesota, Inc. v. Chris Dueffert and Matthew Grant, Case No. 02-6754(Hennepin County Dist. Ct. 2002)
Defended employees in a claim alleging breach of contract, breach of the duty of loyalty, misappropriation of confidential information, and trade secrets.
Defamation:
Crowley v. General Security Services Corporation, 27-cv-04-015788 (Hennepin County Civ. Ct. 2004)
Successfully defended employer in defamation claim based on truth of employer’s employee evaluations and qualified privilege.
Workplace Investigation:
Sherburne County Administrator’s Office, Minnesota.
Performed numerous investigations into allegations of employment misconduct in an organization of over 600 employees.
Workplace Investigation:
St. Paul, MN
Under contract, performed numerous investigations into claims of employment misconduct in a unionized workforce.
Workplace Investigation:
Kanabec County, MN
Performed investigation of alleged misconduct of high-ranking employees.
Workplace Investigation:
Pope County, MN
Performed investigation and legal analysis concerning alleged employment misconduct by high-ranking employee.
Workplace Investigation:
Sherburne County Soil and Water Conservation District
Performed investigation of alleged misconduct of high-ranking employees.
Workplace Investigation:
RiverRider, Sherburne County
Performed investigation of alleged misconduct of high-ranking employees
Unemployment Hearings Representation  Represented clients at dozens of hearings before the Minnesota Department of Employment and Economic Development on claims for unemployment compensation.
Employee Severance and Settlement Agreements Negotiated dozens of severance and settlement agreements in employment disputes, in all types of contract, discrimination, and employment tort claims.
Worker’s Compensation matters Managed outside counsel performing workers’ compensation matters, including attending hearings and providing strategic and tactical advice based on statute.
Plaintiff’s Workplace matters Advise a number of employees with respect to their putative claims against employers.  Secure favorable settlements and resolutions.
 Response to Charge Complaints
Racial Harassment charge Successfully defended large Minneapolis technology firm against a Minnesota Department of Human Rights charge of racial harassment where employer terminated employee as part of a reduction in force.
Sex Disability Discrimination charge Represented automobile dealership in a charge alleging disability and sex discrimination under Minn. Stat. §363A.08.  Defense resulted in dismissal of charge.
Disability Discrimination charge Defended another automobile dealership in charge alleging that an employee was discriminated against on the basis of an alleged disability.  Showed the employer reasonably accommodated the employee by providing leave and a reduced schedule and secured favorable dismissal of charge.
Sex and Pregnancy Discrimination Successfully defended management in a claim of discrimination by terminated doctor based on sex and pregnancy in Wisconsin Fair Employment Practices Hearing.
Race and National Origin Discrimination Defeated former employee’s MDHR charge that software company’s termination of employment based on race and national origin discrimination.
Disability Discrimination Helped negotiate low-dollar settlement in a claim by employee that employer violated the Minnesota Human Rights Act by failing to provide appropriate accommodation for allegedly disabled employee.
 Commercial Law 
Trade Secrets and Unfair Competition:
POS Plus, Inc. v. Retail Tech, Inc., Court File No. CT 04-012878, (Hennepin County Ct. 2004)
Successfully defended a company and ex-employee against a fierce competitor alleging unfair competition.  Effectively protected the client’s proprietary information, and negotiated a favorable resolution to recover outstanding commissions.
Minnesota Uniform Trade Secrets Act and Minnesota Deceptive Trade Practices Act:
Eniva Corp. v. Donohue, et al. , C0-01-4978  (D. Minn. 2001)
Performed extensive legal research and prepared numerous court filings in a claim between a local manufacturing company and former employees involving misappropriation of trade secrets and related business torts. Prepared motions in limine, jury instructions, and a motion for directed verdict.
Intentional Tortious Interference with Contract:
Garst Seed Co. v. Midwest Seed Genetics, Inc., et al., Court File No. 36733,(Iowa District Court, Boone County 2006) 
Represented large seed manufacturer at trial in Iowa state court in claim of intentional tortious interference with contract between two competitors related to defection of a large number of employees to a competitor.
Construction cases:  Pamida, Inc. v. Christenson Building Corp., 285 F.3d 701 (8th Cir. 2002) 

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Drafted and argued a successful motion for summary judgment in United States District Court, District of Minnesota, concerning the applicability of statute of limitations in a construction case. Obtained affirmance on appeal.
Products Liability cases:
Multiple Honeywell Inc. casesNationwide 
National defense counsel for Honeywell in numerous cases involving allegations of defective industrial and residential heating equipment, valves, fans, and security systems.  Prepared dozens of successful summary judgment motions, including motions based on the Daubert standards, spoliation of evidence, statutes of limitation, statutes of repose, and lack of sufficient evidentiary proof.
Products Liability cases:  Multiple Emerson Electric casesNationwide National defense counsel for Emerson Electric in several cases involving allegations of defective water heaters, fans, and other products.  Performed investigations of claims, including site inspections, witness interviews, and deposed plaintiffs, expert witnesses, and fact witnesses.  Represented client at mediations.  Prepared numerous successful pre-trial and trial motions.  Primary responsibility to defend Emerson Electric in a case involving a claim of toxic tort poisoning in Wisconsin state court. Deposed forensic and scientific experts.
Personal Injury Claims:  King v. Soo Line Railroad, et al.,  0:97-cv-00365-JMR-FLN (D. Minn. 1999) Represented an insurance company in an elevator accident personal injury claim for $450,000 in damages.  Prepared pre-trial motions for directed verdict and motions in limine.  Prepared expert testimony for trial, testimony of three witnesses, and assisted in all other aspects of the trial.  Obtained a favorable jury verdict for the defendant.
Insurance Defense – Arson:
Gobat v. Secura Ins. Co., Case No. 11-cv-97-000177 (Cass County, 1998)
Represented an insurance company that denied a claim for coverage due to suspected arson at a five-day trial in Walker, Minnesota.  Prepared witnesses for trial, drafted trial pleadings, including successful motions in limine to keep out critical speculative testimony, made trial objections, and conducted the direct examination and cross-examination of important witnesses.
Anti-Trust and Contract Matter:
Heinen & Mason, Inc. v. Polaris Sales, Inc., 0:03-cv-06388 (DSD-JSM) (D. Minn. 2003)
Represented large sporting products retailer in anti-trust and contractual matter in District of Minnesota federal court.
Construction and Contract Disputes:
Sand v. Great Plains Supply Inc., andKoopmeiners v. Great Plains Supply, Inc.(Stearns County District Court 2003)

 

Successfully defended builder in two construction claims based on water intrusion based on statute of repose and duty of due care.
 CIVIL RIGHTS CLAIMS
 
Excessive Force under 14th Amendment:
Haggins v. Sherburne County, 2012 Slip Copy 2012 WL 4372545 CIV. 10-2554 DWF/LIB (D. Minn. 2012)
Assisted in securing a low dollar settlement for client in a claim that a law enforcement officer improperly used a taser against an inmate.
Excessive Force under 14th Amendment: Mahamed v. Anderson, 612 F.3d 1084 (8th Cir. 2010) Successfully oversaw defense of claim related to excessive force regarding jailer’s use of a taser.
Medical Care and Protection of Inmate under 8th Amendment:
Moyle v. Anderson, 2008 WL 4613751 CIV.07-848 (RHK/RLE) (D. Minn. 2008), aff’d 571 F.3d 814 (8th Cir. 2009)
Part of a legal team that defeated a claim by family of deceased inmate that the county and employees were deliberately indifferent to medical needs of inmate and failure to protect in a summary judgment motion.  Installer of handrail entered into private settlement over claim that handrail was improperly installed, removed, and used by other inmate as a weapon.

 

Deliberate Indifference—Suicide case—8th Amendment:
Heil v. Sherburne County, Case No. 08-cv-01419 (DWF/AJB) (D. Minn. 2008)
Part of a legal team that successfully moved for summary judgment on family’s claim that county and employees failed to provide appropriate medical care to inmate, who was not known to be suicidal.

 

Negligence and Tort Claims—Suicide case:
Remarcik v. Kachmarek, et al.,  No. 71-CV-10-1424, Sherburne County, (2010)

Part of a legal team defending county and employees against a family’s claim that county and employees were negligent in identifying a suicidal inmate.
Conditions of Confinement—14th Amendment:
Ukofia v. Dep’t of Homeland Sec., 2010 WL 45980 (8th Cir. 2010) 

 

Part of a legal team that successfully defended county and employees against allegation of violation constitutional requirements based on conditions of confinement, medical care, and improper condition of cell. Achieved summary judgment and affirmance on appeal.
Medical Care Claim under 8th Amendment:Olson v. Sherburne County, 2009 WL 1766619 CIV. 07-4757JNE/JJG  (D. Minn. 2009)  One of the lawyers that defeated plaintiff’s claim of improper medical care in response to asthma attack and related medical care at summary judgment stage.
Due Process—14th Amendment:Olson v. Brott, 2009 WL 4912135 CIV. 09-790 JNE/JJG (D. Minn. 2009)  Part of legal team that defeated threatened class action at summary judgment in a claim alleging the county furloughed an inmate to avoid incurring health care costs. Defeated claim on res judicata grounds.
1st Amendment Retaliation:
LaFond v. Anderson, 07-cv-4066 (PAM/JSM) (D. Minn. 2009)
Assisted legal team in reaching nuisance value settlement in a Section 1983 action alleging a 1st Amendment violation, defamation, violation of due process, and employment torts. Advocated for unusual, successful motion to have pro hac vice status of plaintiff’s attorney revoked based on unethical attorney conduct.

 

Numerous Religious Accommodation in Public Services Cases under 1st Amendment, Minnesota Constitution, and RLUIPA Responded to ACLU’s allegations of alleged violation of religious accommodation in provision of correctional services.  Detailed response outlining defenses averted lawsuit.  Defended numerous claims under the Religious Land Use Institutionalized Persons Act (RLUIPA), the Minnesota Constitution and the United States Constitution based on alleged claims for failure to accommodate religious practices.  Successfully resolved matters.   

 

Various Constitutional Claims Assisted in successful defense for a political subdivision and employees in claims by inmates alleging constitutional violations, including  claims alleging violations of due process under the 5th and 14th Amendments, improper conditions of confinement, failure to provide appropriate medical care under the 8th Amendment, denial of access to the courts under the 6th Amendment, and religious accommodation under the 1st Amendment.  Affirmative use of the Prison Litigation Reform Act to decrease liability and damages.See e.g., LaDoucer v. Sherburne County Jail, 2010 WL 4970775 (8th Cir. 2010) and many other cases. 
Family Law 
Collaborative Divorce:
Mosch v. Mosch, Case No. 27-FA-12-4262 (Hennepin Dist. Ct. 2012)
Successfully negotiated resolution of marital dissolution with child in a collaborative law process.
Family Court Trial:
Jorgenson v. Jorgenson, Case No. 286967, (Hennepin County District Court 2004), and other cases
Performed legal research, prepared numerous motions involving evidentiary issues, and prepared trial briefs in two cases involving the enforcement of ante-nuptial agreements.
Federal litigation related to family court:
Milke v. Milke, 0:03-cv-06203 (JMR-FLN) (D. Minn. 2004)
Affirmatively was granted summary judgment in a claim for improper interception of electronic communications without consent.
Other cases and Illinois case Help resolve marital disputes regarding child support payments, parenting time, and other matters.
OTHER CASES 
Native American Law:
Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172, 119 S. Ct. 1187, 143 L. Ed. 2d 156 (1999); Mille Lacs Band of Chippewa Indians v. Minnesota, 124 F.3d 904 (8th Cir. 1997).
Represented landowners on Lake Mille Lacs who claimed that hunting and fishing by Native Americans would negatively impact tourism in the area.  Drafted portions of a brief to the Eighth Circuit Court of Appeals and the United States Supreme Court.
Real Estate Issues  Advise numerous commercial interests and individuals related to real estate lease disputes.  Draft lease documents.