Business Litigation

Briggs and Morgan has extensive history as a pioneer firm in many fields of law, continually melding the wisdom of experience with the energy of innovation. With a strong commitment to integrity and high standards, our attorneys conduct broad-based business litigation in federal and state courts, and resolve disputes before tribunals, arbitration panels and administrative agencies throughout the United States.

Briggs prides itself in representing both Fortune 500 companies and small emerging and closely held businesses, along with their directors and officers. Our litigation services target many industries including banking and finance, construction, corporate finance, education, energy, government agencies, insurance, manufacturing and sales, nonprofits, professional services, real estate, telecommunications, and transportation.

We offer an outstanding array of skill, experience and know-how that clients rely on to guide legal disputes to satisfying resolutions. In each case, our clients are given one experienced attorney as the primary contact who coordinates a responsive, distinctively tailored team, equipped to deliver winning results. Corporate counsel participation is highly encouraged, where firm procedures aim to keep clients involved and informed about their cases.

Notable Litigation Representation:

• Defense of food manufacturers in FLSA actions involving donning and doffing claims;
• Representation for mortgage bankers in connection with the defense of class action litigation in 14 states, including challenges to escrow practices, truth-in-lending issues, RESPA §8 issues, among others;
• Defense of a trade secret case brought by a Fortune 500 pharmaceutical company seeking to protect $1 billion in product sales;
• Defense in federal and state courts of 1,000-plus individual claims, plus two class actions, arising out of a train derailment; litigation efforts to date include multiple trials and federal and state court appeals, and successful opposition to certiorari petition in the United States Supreme Court;
• Representation of the world’s fourth largest financial services company in adversary proceedings involving all types of insurance products including, but not limited to, fixed and variable annuities;
• Successful trial defense against scores of personal injury and property claims alleging injury from a neighboring railyard's fuel releases;
• Regularly represent utilities in defending stray voltage claims;
• Represent Fortune 500 Waste Company in regulatory and personal injury defense matters;
• Defended class actions brought under federal and state securities, consumer and banking statutes and common law.

Within our business litigation department, four members have achieved fellowship within the American College of Trial Lawyers, being among the top one percent of the state’s trial lawyers. Many have been named leading attorneys, “Super Lawyers” or “Rising Stars” in the field. Whether seasoned or new to the firm, all of our litigation associates are strongly encouraged to gain invaluable experience through service in pro bono programs, lending time and talent in public defender appeals, misdemeanor trials, legal aid programs and other public service.

Representative Matters

• Regularly represent plaintiff's in complex tort and medical malpractice tort cases.
• Regularly represent trustees in trust litigation.
• Regularly serve as appeals counsel in complex cases in federal and state courts.
• Defended a national loan servicer and obtained dismissals in numerous consumer mortgage defense actions involving TILA, RESPA, FDCPA, FCRA, federal and state consumer protection laws, and residential foreclosure statutes.
• Defended against allegations that client violated telemarketing and auto-dialing regulations.
• Defended cable and wire manufacturer against claims of personal injury and wrongful death for alleged exposure to asbestos-containing products.
• Defended national bank in fraudulent transfer "clawback" actions arising under the bankruptcy code and uniform fraudulent transfer act in relation to bankruptcies filed by companies running an alleged Ponzi scheme.
• Defended retailer against lawsuit alleging non-payment as a result of a phishing scam.
• Obtained declaratory relief for Class I carrier against short-line railroad on rates and defeated $13 million claim on summary judgment
• Obtained summary judgment on behalf of electric utility dismissing $20 million claim property damage and business interruption.
• Regularly represent Class I railroad in condemnation proceedings initiated in Minnesota.
• Regularly represent Fortune 500 company in mortgage buy-back litigation, including defense of claims by Residential Funding Company bankruptcy estate.
• Regularly represent national home builder/developer in mass party construction defect litigation.
• Regularly represent national home builder/developer on additional insured coverage matters.
• Regularly represent utilities in eminent domain matters as both condemnor and condemnee.
• Regularly successfully defend law firms against legal malpractice claims.
• Represented commercial property owner in department of transportation condemnation action and obtained settlement after commission hearing over two and half time larger than condemnor's offer.
• Represented corporate buyer in complex litigation concerning stock acquisition of a new subsidiary. Seller sued to recover $2 million in assets within the transferred company that were discovered post-closing.
• Represented County in defense of property tax assessment on large agri-industrial facilities.
• Represented County in defense of property tax assessment on office and industrial properties.
• Represented County in property tax litigation involving ethanol plant.
• Represented Fortune 500 company in litigation following the acquisition of mid-size company to pursue indemnity claims for breach of representations and warranty in an asset purchase deal, and negotiated a multimillion dollar settlement payment.
• Represented high-end jeweler concerning claims arising out of cyber and internet fraud.
• Represented individuals in wetland use dispute with Waseca County Soil and Water Conservation District through administrative process and at Court of Appeals.
• Represented land owner/developer in partial-taking for highway project. State offered $870,000; settled shortly before trial for $3,700,000 plus reimbursement for all attorneys' fees and expert costs.
• Represented major food company in damages phase of insurance coverage dispute with insurer related to underlying event of grain supply tainted with pesticide. Two-month jury trial, resulting in $49 million verdict in favor of client.
• Represented southern Minnesota city in eminent domain jury trial to determine damages when city road project removed primary access and altered property's highest and best use.
• Represented suburban city in negotiated purchase and eminent domain acquisitions of interstate-frontage properties for highway expansions; settlements including city/business land swap and reimbursement of construction costs to accommodate effects of taking on remainder of auto dealership property.
• Represented suburban city in negotiated purchases and eminent domain acquisition of commercial properties for highway roundabout.
• Represented successor to a railroad in both a regulatory dispute and liability allocation litigation involving an arsenic-contaminated property.
• Represented Fortune 1000 industrial company in protest of sales tax assessment related to Minnesota manufacturing operations.

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