Introduction

Rick is a civil litigator representing businesses and individuals in a wide variety of commercial disputes. He also has a substantial appellate practice, and is the Chair of the firm’s Appellate Practice Group. 

Among his specialty areas of practice, Rick represents individuals and companies in insurance coverage disputes.

Rick also specializes in representing landowners in disputes with governmental entities and others over land use rights and environmental matters.

Each year Rick volunteers a substantial amount of time to represent indigent clients on a pro bono basis.

Education

• William Mitchell College of Law, J.D., 1988, cum laude
• University of Minnesota, B.A., 1982, Urban Affairs

Bar Admissions

• Minnesota, 1988
• U.S. District Court for the District of Minnesota, 1989
• U.S. Eighth Circuit Court of Appeals, 1995
• United States Supreme Court, 1995

Practice Areas

• Litigation
• Alternative Dispute Resolution
• Insurance Coverage Litigation
• Environmental
• Real Estate Litigation
• Appellate

Representative Experience

Selected Insurance Coverage Cases:

• In Re Pet Food Product Liability Litigation, MDL Docket No. 1850: Procured insurance coverage for $25 million settlement of thousands of consolidated pet food product liability claims.
• Bright Woods v. Bankers Standard Ins. Co., 665 N.W.2d 544 (Minn. Ct. App. 2003): Insurance coverage action for recovery of $8 million incurred in recall of defective window components.
• A. David Matthew, MD v. Unum Life Insurance Co. of America, Civ. No. 08-4610 (D. Minn.): Following a jury trial obtained $1.5 million judgment against disability insurer.
• Lakeland Pipeline Co. v. American Home Assur. Co., 981 F. Supp. 1205 (D. Minn. 1997): Obtained settlement in $25 million property damage and business interruption claim following the rupture of a major petroleum pipeline.
• JBA International, Inc. v. St. Paul Mercury Fire Ins. Co., No. 01-297 JNE/JGL, 01-2161 (D. Minn.): Coverage and bad faith action against technology errors and omissions insurer for recovery of defense expenses, settlements and damages related to underlying lawsuits against software developer. Case settled by insurer paying $4 million to client.
• In re Silicone Implant Ins. Coverage Litigation, 652 N.W.2d 46 (Minn. Ct. App. 2002) aff’d in part, 667 N.W.2d 405 (Minn. 2003): Represented insurer in $1 billion coverage action for 3M Company’s liabilities for silicone breast implants.
• Old Republic Insurance Co. v. Thomas Pearson, et al., Court File No. 04-1398 JNE/RLE (D. Minn.): Coverage and bad faith action against aviation insurer following its refusal to cover claim by injured children who survived a plane crash. Insurer settled action by payment of a confidential sum representing amounts owned under policy and additional damages.

Selected Land Use Cases:

• EHW Properties v. City of Eagan, U.S. District Court, District of Minnesota, Case No. 00-CV-690 (JMR/FLN): Takings claim and challenge to City’s action of downzoning client’s property from commercial to single-family residential zoning classification. City settled prior to trial by restoring prior zoning and paying damages.
• Minnesota Center for Environmental Advocacy v. City of St. Paul Park, 711 N.W.2d 526 (Minn. App. 2006): Defeated challenge by environmental group to 665-acre multi-use housing project on Mississippi River.

Selected Appellate Cases:

• O’Hagan v. United States of America, 86 F.3d 776 (8th Cir. 1996): Tax litigation.
• Wixon Jewelers vs. Di-Star, Ltd., 218 F.3d 913 (8th Cir. 2000): Distributor termination and franchise litigation.
• T. Randal Productions, Inc. v. IVI Publishing, Inc., Not Reported in N.W.2d, 1999 WL 109611 (Minn. App., Mar. 2, 1999) (No. C8-98-1092): Defeated on appeal claim by software company that development agreements between the parties constituted a de facto joint venture entitling it to recover $30 million.

Additional Representative Experience

Selected Publications & Presentations

• Speaker, Fredrikson & Byron’s Litigation Breakfast Seminar: Corporate Officers and Directors: What You Need To Know About Indemnification and D & O Insurance, October 2005
• “Fire! How to Keep a Bad Situation from Getting Worse,” Fredrikson & Byron’s Real Estate Focus Newsletter, November 2003
• “Challenge to Historic Preservation Designation Succeeds,” Fredrikson & Byron’s Real Estate Focus Newsletter, May 2003
• “Consumers Required to Arbitrate Disputes With Bank,” February/March 1995

Professional Activities

• American Bar Association
• Minnesota State Bar Association, Appellate Practice Council, Member
• Hennepin County Bar Association, Insurance, Environmental Law and Civil Litigation Committees

Judicial Clerkship

• Minnesota Supreme Court 1988-89 Chief Justice Douglas K. Amdahl and Justice A.M. (Sandy) Keith

Honors & Distinctions

• Member, William Mitchell Law Review, 1986-87