2006 | 2005 | 2004 | 2003 | 2002
December 1, 2006
Robert D. Brownson has co-authored and published a paper entitled “Asbestos Claims and Litigation, Issues and Strategy: An Analysis of the Cases Through 2005 Against a Historical Context.” This paper was published under the auspices of the Asbestos Trust Fund Services (ATFS) Group, an organization of experienced asbestos defense counsel from around the country. Now known as the Asbestos Liability Risk Analysis (ALRA) Group, they formed to present timely and sophisticated advice to affected parties (principally defendants and their insurers) concerning proposed and pending federal legislation relating to asbestos litigation. Learn more about the ALRA Group.
View Paper (PDF)
November 1, 2006
Brownson & Ballou, PLLP is pleased to announce that Michael A. Vellon has joined the firm as an Associate Attorney. Mr. Vellon is a 1998 graduate of Boston University, cum laude, and received a Master of Arts from Fordham University in 2001. He is a 2006 graduate of the University of Minnesota Law School, cum laude. He will practice in the areas of insurance defense litigation, commercial litigation, and the defense of employers in workers’ compensation and other claims.
Learn more about Michael A. Vellon
October 26, 2006
Robert D. Brownson has received certification as an Adjudicative/Evaluative Arbitrator under Rule 114 of the Minnesota General Rules of Practice and has been placed in the Minnesota Supreme Court roster of Qualified Neutral Arbitrators. Mr. Brownson will continue to serve as an Arbitrator, principally in insurance coverage disputes, including first party coverage, primary and excess coverage, commercial coverage, and construction and surety disputes.
October 19, 2006
Kristi K. Warner of Brownson & Ballou, PLLP has obtained a ruling on behalf of Black Gold Farms, a global agricultural operation specializing in potatoes, in a novel case where an injured Plaintiff sought to establish liability under the theory of nuisance. The Plaintiff, a Black Gold employee, suffered serious injuries when he collided with a potato truck coming from Black Gold’s Tappen, ND farm. The Plaintiff claimed his vision was obscured by the dust created by another Black Gold truck he was following.
In an Order issued on October 19, 2006, in Steven Shelquist and Leslie Shelquist v. Black Gold Farms, Francisco Villarreal, Thomas Martinez, and Martinez & Sons, Judge David E. Reich of Kidder County, North Dakota, denied the Plaintiff’s effort to assert a nuisance claim against Black Gold Farms. In addition, the Court granted summary judgment for Black Gold Farms on all claims, consisting of (1) failure to provide a safe workplace for its employee; (2) negligence; and (3) common enterprise. As a result of this Order, Black Gold was dismissed from the case.
View Order & Memorandum (PDF)
July 6, 2006
Brownson & Ballou, PLLP has received summary judgment, and a complete dismissal for its client Komo Machine, Inc., the principal Defendant in a major product liability fire subrogation case venued in the United States District Court at Minneapolis. Komo Machine, Inc. of Sauk Rapids, Minnesota, is a leading manufacturer of sophisticated computer numeric control (CMC) routers for the woodworking, plastic, and stone industries. A customer who purchased such a machine experienced a fire at its facility in Chesapeake, Virginia, resulting in significant damages for building structure, business machinery and equipment, business interruption, lost profits, and other expenses. It asserted product liability claims for negligence, breach of express warranty, strict liability and breach of contract against Komo.
In his Memorandum and Order in Dave’s Cabinets, Inc. v. Komo Machine, Inc., et al., Judge Michael Davis agreed with Komo that such claims are barred by the provisions of the Minnesota Uniform Commercial Code (UC) as properly disclaimed consequential damages. Rejecting efforts by the Plaintiff under both the UCC, and an attempt to characterize the sale as a consumer transaction to which the UCC did not apply, the Court granted Komo’s motion for summary judgment. The case was handled by Robert D. Brownson, Kristi K. Warner, and Michael A. Vellon.
View Memorandum & Order (PDF)
June 29, 2006
Susan M. Hansen of Brownson & Ballou, PLLP has obtained a ruling which establishes that third-party contribution claims cannot survive a settlement made pursuant to a Pierringer release. In a ruling from the statewide Minnesota asbestos Judge, the Hon. Michael T. De Courcy, filed June 26, 2006 in the case of Strand v. Allied Insulation Supply Co., et al., summary judgment was granted to Brownson & Ballou, PLLP client Third Party Defendant Econ Insulation, Inc. The ruling rejected an effort by settling Defendants to obtain contribution funding from Econ Insulation, and other Third Party Defendants, through a creative strategy attempting to circumvent the well-established law of a Pierringer release.
In Strand, a settling defendant attempted to shift the funding of its Pierringer settlement to other non-consenting parties through the device of adding those parties as Third Party Defendants and including them within the settling defendant’s Pierringer release. This ruling is expected to have wide application in the large number of asbestos cases pending in the Minnesota courts.
View Order & Memorandum (PDF)
June 4, 2006
Brownson & Ballou, PLLP partner Kristi K. Warner successfully obtained a Summary Judgment Order from the U.S. District Court for the District of North Dakota holding that a private cause of action is not available under the federal Health Insurance Portability and Accountability Act (the so-called HIPAA Act), that such a claim must be dismissed for lack of subject matter jurisdiction, and as a result, dismissing North Dakota state law “whistleblower” and common law claims.
In Phelps v. Pembina County Memorial Hospital, et al., U.S. District Court Judge Ralph R. Erickson held that the HIPAA Act did not include a private cause of action for individuals claiming HIPAA violations under federal law. Although this was the first such case in North Dakota, similar cases are increasingly attempted across the country. The Phelps decision has now established important precedent in favor of hospitals, physicians, and others, with respect to such claims.
View Opinion (PDF)
May 24, 2006
Patrick M. Biren of Brownson & Ballou, PLLP has obtained a ruling on behalf of Crown Boiler Company granting summary judgment on all claims against Crown Boiler Co. in a case involving significant property damage from frozen pipes from an alleged failure of a Crown boiler. By Order of May 24, 2006, in Illinois Farmers Insurance Company, and subrogee of Randy and Lori Carlson v. Heatco, Inc. and Crown Boiler Co., Judge Krista K. Martin of the Pine County, Minnesota District Court, dismissed all claims against Crown Boiler.
The ruling is significant in that the claims against Crown Boiler were solely based upon negligence, which the Court acknowledged typically are factual in nature and not susceptible to summary judgment by the Court. The Court agreed with Mr. Biren, however, that the Plaintiff had not properly pled a negligence claim, or posited a negligence theory upon which it could recover against Crown Boiler. As a result, the Court granted summary judgment for Crown Boiler on all claims, and counterclaims against it.
View Order (PDF)
May 18, 2006
The United States Circuit Court of Appeals for the Eighth Circuit affirmed a verdict obtained by Brownson & Ballou, PLLP after a trial in the United States District Court at St. Paul, Minnesota for the Conwed Corporation, and against Union Carbide Corporation, to recover in subrogation for workers’ compensation paid, and payable, to an initial group of six former Conwed employees with asbestos-related pulmonary diseases.
The ruling in Conwed Corporation v. Union Carbide Corporation, Nos. 04-3386/3855, affirmed the first successful verdict in the nation by an employer/customer against Union Carbide for selling its Calidria brand asbestos for use in industrial processes. The Court of Appeals clarified previously untested issues of Minnesota law concerning subrogated workers’ compensation damages in long-term latent occupational exposure and disease claims.
April 24, 2006
Over the past several years, Brownson & Ballou, PLLP partner D. Scott Ballou has developed a new aggressive defense in successfully defending premises liability cases. Traditionally, premises owners and their insurers had often assumed that factual allegations made by Plaintiffs in such cases would be sufficient to support the legal duty of a premises owner to the Plaintiff. However, in a string of recent cases, Mr. Ballou has successfully obtained summary judgment from the Court with respect to these claims by presenting to the Court a factual record sufficient to obtain summary judgment on one or more of the required elements necessary to support a negligence claim under Minnesota law.
Most recently, in the case of Dupont v. Pierson, the Scott County, Minnesota, District Court granted summary judgment to the Defendant. In its Opinion, the Court stated that Plaintiff’s testimony was insufficient to establish the requisite notice of a dangerous condition upon the Defendant’s premises, and as a result, held that Plaintiff failed to show the existence of a legal duty by the Defendant.
February 3, 2006
Robert D. Brownson was again selected as a member of the LexisNexis Mealey’s Toxic Tort Advisory Counsel for 2006. The Advisory Counsel’s membership is composed of leading practitioners in toxic tort and exposure litigation around the nation.
February 2006
Kristi K. Warner was admitted to the United States District Court for the District of North Dakota.
January 2006
Brownson & Ballou, PLLP has been selected by the Fireman’s Fund Insurance Company as its exclusive Portfolio Counsel in the states of Minnesota and North Dakota for General Liability, Professional Liability, Auto, and asbestos-related and certain other Workers’ Compensation cases.
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December 31, 2005
Brownson & Ballou, PLLP, in furtherance of its policy of giving back to the community, made contributions to a number of charitable organizations in 2005, including:
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Amyotrophic Lateral Sclerosis (ALS) Foundation;
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A Home For Life Animal Sanctuary of St. Croix Valley, Inc.;
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The Salvation Army (for Hurricane Katrina Relief);
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A Chance to Strive (scholarship for sophomore student-athletes at Richfield High School);
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sponsorship of the Midtown Kings (inner city youth basketball team);
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The Minneapolis Police Officers Federation;
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The Foundation of the American Board of Trial Advocates; and
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Southern Minnesota Regional Legal Services, Inc., Campaign for Legal Aid.
December 6, 2005
Robert D. Brownson has been appointed Trustee of the API, Inc. Asbestos Settlement Trust, a trust established as part of the Chapter 11 Plan of Reorganization under the United States Bankruptcy Code for API, Inc. in the December 6, 2005 Order Confirming Third Amended Plan of Reorganization of API, Inc. As Modified at Confirmation, Chief Bankruptcy Judge Gregory F. Kishel of the United States Bankruptcy Court, District of Minnesota, approved API, Inc.’s Plan of Reorganization, including the appointment of Robert D. Brownson as Trustee.
In the Trustee position, Mr. Brownson will be responsible for Administering the API, Inc. Asbestos Settlement Trust for the benefit of Trust beneficiaries (claimants who allege asbestos-related disease as the result of exposure to asbestos during operations of API, Inc., or from asbestos-related insulation products sold, distributed, or used by API, Inc.) In Re: API, Inc., Case No. BKY 0530073-GFK.
October 17, 2005
Robert D. Brownson was selected as a speaker at the LexisNexis Mealey’s National Benzene Litigation Conference held in Phoenix, Arizona. Appearing with leading authorities from around the country, his presentation covered the defense perspective on state of the art in this growing area of toxic exposure litigation, including development and evolution of the benzene OSHA standard, development and history of other regulatory standards for benzene, and development of the medicine related to benzene and health effects. In connection with this presentation, Mr. Brownson authored a paper, "State of the Art: a Defense Perspective - Who Knew What And When?"
View Paper (PDF)
August 26, 2005
Brownson & Ballou, PLLP successfully obtained a significant arbitration ruling, following a multi-day arbitration hearing in a case involving the alleged liability of the firm’s client, a surety bond funds control escrow agent, following a large public school district bonded construction default in Oregon. The case, entitled, First National Insurance Company of America, Inc. v. North American Construction Services, Inc., et. al., was venued in the United States District Court, District of Oregon.
The District Court referred the dispute to arbitration, and the award of the Arbitrator found in favor of Brownson & Ballou, PLLP’s client on each of the multiple counts asserted. The firm was successful in arguing that all extra-contractual allegations, which included fraud, and misrepresentation, were merged into the contract at issue, then successfully argued that the contract did not create a fiduciary relationship in favor of the Plaintiff, and, finally, successfully argued that there was no breach of contract. The case was handled by Robert D. Brownson and Patrick M. Biren.
June 6, 2005
Brownson & Ballou, PLLP has been placed on the Martindale-Hubbell Bar Register of Preeminent Attorneys. Eligibility for this distinction requires a firm to have obtained Martindale-Hubbell’s highest rating for quality, an AV rating. Brownson & Ballou, PLLP is very pleased to have received this prestigious designation within four years since the firm’s founding in 2001.
April 28, 2005
Brownson & Ballou, PLLP represented Perkins Family Restaurant in an important case before the Minnesota Supreme Court where the Court, for the first time, established a general rule for liability of vendors of food to persons alleging injury from a food product. In an opinion issued April 28, 2005 entitled "Schafer v. JLC Food Systems, Inc., d/b/a Perkins Family Restaurant, et al.", the Supreme Court held that Minnesota will join an increasing number of jurisdictions and require that, in order for a case to reach a jury, the allegedly injured Plaintiff must establish:
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The injury-causing event was of a kind that would ordinarily only occur as a result of a defective condition in the food product;
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The Defendant was responsible for a condition that caused the injury;
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The injury-causing event was not caused by anything other than a food product defect existing at the time of the food product’s sale.
The appeal was handled by D. Scott Ballou and Patrick M. Biren.
January 1, 2005
D. Scott Ballou has received certification as a Qualified Neutral Mediator under Rule 114 of the Minnesota General Rules of Practice and has been placed on the Minnesota Supreme Court roster of Qualified Neutral Mediators. Mr. Ballou is now offering his services as a Qualified Neutral Mediator to attorneys, insurance companies and business organizations throughout the State of Minnesota in a variety of matters with special emphasis in employment law, and personal injury disputes.
Mr. Ballou’s extensive experience in personal injury and employment litigation over the past 23 years permits him to provide valuable alternative dispute resolution services to litigants.
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September 2004
Robert D. Brownson was featured in a news story published in the Business Section of the Sunday, September 26, 2004 Los Angeles Times. The article, by Times Staff Writer Lisa Girion, described asbestos litigation arising from the operation of an asbestos mine and mill owned by Union Carbide Corporation in the Salinas Valley of California. The article described Mr. Brownson as the first to successfully prosecute a claim on behalf of a corporate customer of the asbestos sold from Union Carbide’s asbestos facility, seeking reimbursement for asbestos liabilities incurred by the customer as a result of the purchase and use of that asbestos, known as Calidria brand asbestos.
Mr. Brownson, and Brownson & Ballou, PLLP, have been in the forefront in developing innovative strategies for use by companies named as Defendants in asbestos and other toxic exposure litigation.
June 24, 2004
Brownson & Ballou, PLLP won a significant victory in the Minnesota Supreme Court on behalf of its client Meikikou Corporation. In a decision titled, Juelich v. Meikikou Corporation, – N.W.2d –, Civ Nos. A03-174, A03-228 (June 24, 2004), the Supreme Court affirmed the decision by the Minnesota Court of Appeals in favor of Meikikou, a Japanese company, dismissing product liability claims against it for lack of personal jurisdiction. The decision is significant because the Supreme Court defined the extent of Minnesota jurisdiction over foreign companies. The Supreme Court accepted the argument of Brownson & Ballou, holding that Meikikou had insufficient contact with Minnesota for the State to exercise jurisdiction over the company.
Meikikou is a Japanese corporation that manufactures industrial scissor lift tables. Meikikou sold a table to another Japanese company, which then incorporated it into a laser cutting machine. The machine was then sold to a Minnesota customer, Aries Precision Sheet Metal Company. The Plaintiff, an Aries employee, severely injured himself while attempting to perform maintenance on the scissor lift table. In the subsequent suit against Meikikou, the injured employee, as well as the Japanese and American distributors of the laser cutting machine, argued that Meikikou’s English language website, sales of 120 scissor lift tables in the United States, and sales of 17 scissor lift tables in Minnesota were sufficient contacts with Minnesota to confer jurisdiction over Meikikou in the state.
The Minnesota Supreme Court disagreed, affirming the dismissal of Meikikou for lack of personal jurisdiction. Meikikou’s defense was handled by Robert D. Brownson and Kristi K. Warner. Kristi K. Warner presented the arguments for Meikikou in the Minnesota Supreme Court.
View Opinion (PDF)
May 7, 2004
Robert D. Brownson was inducted into the Minnesota chapter of the National Board of Trial Advocates (ABOTA), based upon his election to membership into ABOTA by its national Board at its annual meeting on January 15, 2004. ABOTA membership is available only to experienced trial attorneys nominated, and elected, based upon criteria of skill, integrity, and experience in handling cases in jury trials, including a requirement that each member have tried at least twenty civil jury trials.
February 11, 2004
Brownson & Ballou, PLLP has obtained a ruling from the U.S. District Court for the District of Minnesota on behalf of an employer who paid substantial amounts in workers’ compensation benefits to numerous former workers with asbestos-related disease. The Order and Opinion from Senior Judge Donald D. Alsop established that the asbestos supplier cannot assert a counterclaim against the employer for any amounts paid by the asbestos supplier in settlement of lawsuits from the same former workers after settling with those workers under Naig-type releases. This ruling clarified Minnesota law protecting employers from such counterclaims.
View Opinion (PDF)
January 6, 2004
In Minnesota and elsewhere, plaintiffs injured in motor vehicle accidents have attempted to increase verdict awards and settlement values by attempting to assert claims for punitive damages. In an Order from the Honorable James T. Reuter of the Pine County, Minnesota District Court, the Court denied plaintiff’s motion to assert a claim for punitive damages. Plaintiff alleged injuries caused by an accident in which the defendant was found to have a .24 blood alcohol concentration and no valid driver’s license. It was further alleged that defendant admitted to an impairment in her driving abilities caused by alcohol.
In a decision which has generated wide interest, the Court was persuaded that these facts were insufficient to meet the standard under the Minnesota Punitive Damages Statute, Minn. Stat § 549.20(1), requiring willful indifference to the rights or safety of others. The case was handled by Brownson & Ballou, PLLP attorneys D. Scott Ballou and Patrick M. Biren.
View Opinion (PDF)
January 1, 2004
Brownson & Ballou, PLLP is pleased to announce that Kristi K. Warner has been elected as a partner. Ms. Warner will continue her practice defending individuals and companies in civil litigation, with an emphasis on toxic exposure, products liability, and general liability cases.
Learn more about Kristi K. Warner
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December 16, 2003
In an opinion filed December 16, 2003, the Minnesota Court of Appeals ruled in favor of Brownson & Ballou, PLLP client Kemper Insurance Company in a novel case arising out of the fraudulent activity of disbarred Minneapolis attorney, David Moskal.
The case, Roger Clausen v. Kemper Insurance Company, No. A03-463, arose after Moskal, who represented Clausen in an automobile accident case, submitted an underinsured motorist claim against Clausen’s employer’s insurer, Kemper Insurance Company. Moskal did so without the knowledge of his client and after submitting a similar claim against his client’s personal automobile insurance company. Moskal obtained a settlement from Kemper, which he fraudulently deposited in his personal bank account. When Moskal’s fraud subsequently came to light, his law firm made immediate restitution and notified the client. The client then brought suit against Kemper claiming that, despite Moskal’s fraud, he was in fact entitled to the underinsured motorist settlement as a result of his injuries in the automobile accident.
The Hennepin County District Court granted summary judgment to Kemper and the Minnesota Court of Appeals affirmed the decision. The Court held that no enforceable settlement contract ever existed between Clausen and Kemper because the funds were fraudulently induced by Moskal. Likewise, the efforts of Clausen to ratify the settlement after he discovered the fraud were ruled ineffective.
Kemper Insurance Company was represented by Brownson & Ballou, PLLP attorneys D. Scott Ballou and Patrick M. Biren.
View Opinion (PDF)
October 14, 2003
Brownson & Ballou, PLLP achieved a significant victory for its client Meikikou Corporation in a decision by the Minnesota Court of Appeals. James Donald Juelich v. Meikikou Corporation, et al., Minnesota Court of Appeals, No. A03-174, A03-228 (Oct. 14, 2003). In an important ruling defining the parameters of internet website advertising, the Court of Appeals ruled that Meikikou’s "contacts" with the State of Minnesota were insufficient for a Minnesota Court to exercise jurisdiction over Meikikou.
The Court ruled that Meikikou’s English-language website was a general advertisement and did not target Minnesota specifically. Likewise, the fact that 17 of Meikikou’s products were in use in Minnesota was deemed insufficient contact with Minnesota by Meikikou under a claimed "stream of commerce" theory of jurisdiction.
Meikikou is a Japanese Corporation which manufactures industrial scissor lift tables. One such table was sold to a customer, who then incorporated it into an automated laser cutting machine which it sold to a Minnesota customer, Aries Precision Sheet Metal Company. An Aries employee was injured when attempting to perform maintenance on the scissor lift table.
The Ramsey County District Court granted summary judgment to Meikikou. As a result of its favorable ruling on jurisdiction, the Minnesota Court of Appeals upheld the dismissal of the employee’s lawsuit against Meikikou. Mekikou’s defense was handled by Robert D. Brownson and Kristi K. Warner. The case was argued at the Court of Appeals by Kristi K. Warner.
View Opinion (PDF)
October 9, 2003
Kristi K. Warner was admitted to the bar in the State of North Dakota. At the request of clients, Brownson & Ballou, PLLP lawyers have handled litigation in North Dakota on a case by case (pro hac vice) basis, but as demand from clients for such representation has grown, permanent bar admission will enable the firm to better handle North Dakota litigation matters. The firm represents defendants in North Dakota asbestos litigation, as well as other clients in general litigation matters.
Learn more about Kristi K. Warner
September 8, 2003
Brownson & Ballou, PLLP has successfully represented a client in the first major employers’ subrogation case for reimbursement of workers’ compensation benefits paid by the client to numerous workers with asbestos-related disease. The client, which formerly operated a major ceiling tile factory at Cloquet, Minnesota, sought recovery from the supplier of asbestos used in the ceiling tile to which the workers were exposed.
In a published opinion, Senior District Judge Donald D. Alsop issued a ruling denying summary judgment by the asbestos supplier and allowing Brownson & Ballou, PLLP lawyers Robert D. Brownson and Kristi K. Warner to proceed to trial in the U.S. District Court at St. Paul, Minnesota, to seek reimbursement for workers’ compensation benefits paid and payable to 129 of the client’s former employees.
View Opinion (PDF)
April 3, 2003
D. Scott Ballou represented the prevailing parties in a recent case decided by the Minnesota Court of Appeals. Randy Jones, et. al. v. Independent School District No. 720, et. al. Minn. Ct App. No. C9-02-1205 (April 3, 2003). The ruling affirmed the summary judgment Mr. Ballou had obtained on behalf of two teachers and former varsity football coaches at Shakopee High School, Independent School District No. 720.
The case was brought by the current head varsity football coach, who succeeded one of the Defendants, and claimed that the Defendants’ intentional conduct caused the School District to terminate his position as head varsity football coach, and caused him emotional distress. The Court of Appeals concluded that the Plaintiff’s claim for intentional infliction of emotional distress was properly dismissed.
View Opinion (PDF)
January 24, 2003
In the case of James Juelich v. Yamazaki Mazak Optonics Corporation, et al., Ramsey County District Court, Civ. No. C2-01-7283, Kristi Warner prepared a motion to dismiss for lack of personal jurisdiction over a Japanese corporation in Minnesota whose product allegedly caused harm to a Minnesota resident at a manufacturing plant in the state. The Order granting the motion to dismiss is important because it rejected the notion that the Japanese corporation's Internet site was sufficient to create contacts with Minnesota for personal jurisdiction.
View Amended Order and Opinion (PDF)
January 1, 2003
Robert D. Brownson has been selected as a member of the LexisNexis Mealey's Publication Toxic Tort Advisory Counsel for 2003. Mr. Brownson was a charter member of the Advisory Counsel. The Advisory Counsel provides input and direction on new issues in toxic tort litigation to the seminar programs sponsored by Mealey's Publications.
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February 2002
D. Scott Ballou successfully defended Independent School District No. 833, South Washington County, in a highly publicized case in the U.S. District Court at St. Paul, Minnesota involving constitutional First Amendment freedom of expression. At issue was a constitutional claim brought against the school district on behalf of a student at Woodbury High School who was prohibited from wearing a "Straight Pride" shirt to school.
The case presented the conflict between the student’s constitutional right of freedom of expression and the school’s obligation to insure that student expression did not interfere with the educational process and unreasonably place its students at risk of harm. The case was ultimately resolved to the satisfaction of both parties.