Attorneys

Jeff H. Eckland

Jeff Eckland focuses his practice on government contracts and general commercial litigation. He has litigated cases in state and federal courts across the country, including the state courts of California, Louisiana, Minnesota, Oregon, and Texas; the federal district courts of Alaska, Arizona, Louisiana, Minnesota, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, and Tennessee; the United States Court of Federal Claims (COFC); the Armed Services Board of Contract Appeals (ASBCA); the Courts of Appeals for the States of Minnesota and Texas; and the United States Courts of Appeals for the Eighth Circuit, the Ninth Circuit, and the Federal Circuit. Jeff successfully argued before the United States Supreme Court in Franconia Associates v. United States, 536 U.S. 129 (2002).

Jeff has litigated a wide variety of traditional government contract cases at the federal and state level, including bid protests, performance disputes, compliance proceedings, terminations for default and convenience, defective pricing, qui tam, and False Claims Act litigation. In addition, he has (i) negotiated at the Pentagon stays of suspension and debarment proceedings; (ii) represented government contractors in civil and criminal environmental proceedings; and (iii) recovered increased costs for the construction of a Naval Brig at Miramar Naval Air Station (Top Gun). Jeff also counsels government contractors and their subcontractors on many transactional and compliance issues, including all phases of contract negotiation and administration, cost allowance, intellectual property, and technical data rights. Jeff also pursues claims against the state and federal governments, and their various agencies, for redress of grievances relating to Government abuse of power and discretion under the U.S. and State Constitutions, the Federal Tort Claims Act (FTCA), and the Administrative Procedures Act (APA).

Jeff represents businesses and individuals in many other kinds of commercial disputes. On behalf of various plaintiff clients, he has obtained six individual judgments in excess of $1 million and aggregate judgment amounts in excess of $34 million. Jeff also has obtained several judgments of $0 on behalf of defendants where the plaintiffs sought in excess of $3 Million. His practice includes jury and court trials, appeals, prejudgment injunctions and other remedies, arbitrations and mediations, and administrative hearings. He has tried patent, trademark, copyright, trade secret, unfair competition, Lanham Act, antitrust, securities, fraud, misrepresentation, negligence, breach of fiduciary duty, employment discrimination, dealer termination, covenants not to compete, contract, takings, environmental, and other types of cases.

In addition to trying cases, Jeff enjoys obtaining quick court action on behalf of clients to protect their interests. He has successfully obtained emergency injunctive relief requested by his clients in over twenty civil actions. Prior to litigation, Jeff also counsels clients about the procedural, tactical, and strategic issues involved in commencing and defending civil actions. He counsels clients on ways to avoid litigation as well as to reduce liability should litigation occur, and advises clients about the risks, benefits, and costs of litigation.

Jeff graduated from the University of Minnesota in 1979, suma cum laude, and the University of Chicago Law School in 1982. He is a member of the Public Contract Law and Science and Technology Sections of the American Bar Association (ABA). Jeff currently serves as an active member of the State Law Database Committee, where he chairs the drafting of procurement law outlines for the States of Minnesota, North Dakota, South Dakota, and Wisconsin. He is also a Fellow of the National Contract Management Association (NCMA), serves on the NCMA’s Board of Advisors, and served as President of the NCMA Twin Cities

Chapter from 1995-1996. He is a long-standing member of the Planning Committee for the Annual National Seminars on Government Contracts sponsored by the University of Minnesota. Jeff writes and lectures on a variety of government contract topics.

Education

  • B.A., History, summa cum laude, University of Minnesota (1979)
  • J.D., University of Chicago Law School (1982)

Employment History 

  • Eckland & Blando LLP, Minneapolis, MN, (2004-present)
  • Faegre & Benson LLP, Minneapolis, MN, (1982-2004)
  • Howrey & Simon, Washington, D.C., (1981)

Affiliations

  • National Contract Management Association (NCMA), Twin Cities Chapter
    • Chapter President, 1995-1996
    • National Director, 1996-1998
    • Board of Directors Member, 1994-2000
    • Member, 1991-Present
  • National Contract Management Association (NCMA), BoardofAdvisors
    • Member, 2003-Present
  • American Bar Association, Section of Public Contract Law
    • State Law Database Committee
  • American Bar Association, Section of Science and Technology
  • Court of Federal Claims Bar Association
  • Federal Circuit Bar Association
  • Planning Committee Member, Annual National Seminars on Government Contracts, University of Minnesota

Bar Admissions

  • State of Minnesota (1982)
  • United States District Court of Minnesota (1982)
  • United States Court of Appeals for the Eighth Circuit (1987)
  • United States Court of Appeals for the Ninth Circuit (1990)
  • United States Court of Appeals for the Tenth Circuit (1993)
  • United States Court of Appeals for the Federal Circuit (1993)
  • United States Court of Federal Claims (1993)
  • United States Supreme Court (1993)

Professional Associations

  • The Fund for the Legal Aid Society, Director
  • University of Minnesota Alumni Association
  • University of Minnesota Alumni Society, Director
  • Volunteer Lawyers Network (VLN), Director

Recognition

  • Phi Beta Kappa
  • Super Lawyer, Minnesota Law and Politics (1998-2000)
  • Fellow, National Contract Management Association (NCMA)
  • AV Rating, Martindale-Hubbell

 

 

Speeches

  • Government Contract Law: Terminations, A Primer on T for C’s, T for D’s, and Breach of Contract
    41st Annual Spring Seminar on Government Contracting, National Contract Management Association (NCMA), Twin Cities Chapter (Minneapolis, Minnesota - April 2007)
  • Prepayment Litigation: A Progress Report
    Council for Affordable and Rural Housing (CARH), 2007 Mid-Year Meeting (Miami, Florida - January 2007)
  • Update on USDA Prepayment Litigation and Final Settlement
    California Council for Affordable Housing, Fall Conference (Palm Springs, California - November 2006)
  • Status Update, Prepayment Litigation
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Hinckley, Minnesota - September 2006)
  • Prepayment Litigation Update
    Florida Council for Affordable and Rural Housing (Ocala, Florida - March 2006)
  • Status of Prepayment Litigation Cases
    Council for Affordable and Rural Housing (CARH), 2006 Mid-Year Meeting, Owners Committee Meeting (San Francisco, California -  January 2006)
  • Prepayment Litigation Update
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Bloomington, Minnesota - September 2005)
  • Status Update, Prepayment Litigation
    California Council for Affordable Housing (Reno, Nevada - June 2005)
  • Prepayment – The Law Suits
    Council for Affordable and Rural Housing (CARH), 2005 Mid-Year Meeting (New Orleans, Louisiana - January 2005)
  • Prepayment Litigation Update
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Hinckley, Minnesota - September 2004)
  • Prepayment Litigation Update
    Rural Rental Housing Association (Springfield, Illinois - May 2004)
  • Status Update, Prepayment Litigation
    Council for Affordable and Rural Housing (CARH), 2004 Mid-Year Meeting (Scottsdale, Arizona - January 2004)
  • Prepayment Litigation Update
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Hinckley, Minnesota - September 2003)
  • Prepayment Litigation Update
    Rural Rental Housing Association (Springfield, Illinois - May 2003)
  • Review of Prepayment Litigation
    Council for Affordable and Rural Housing (CARH), 2003 Mid-Year Meeting (New Orleans, Louisiana - January 2003)
  • United States Supreme Court Victory
    Wisconsin Council for Affordable and Rural Housing (Madison, Wisconsin - November 2002)
  • How to Win a United States Supreme Court Case
    41st Annual National Seminar on Government Contracts, The University of Minnesota (St. Paul, Minnesota - October 2002)
  • Prepayment Litigation Update
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Hinckley, Minnesota - September 2002)
  • Prepayment – Where Are We And Where Do We Go From Here?
    Council for Affordable and Rural Housing (CARH), 2002 Annual Meeting and Legislative Conference (Arlington, Virginia - June 2002)
  • Prepayment Rights
    Council for Affordable and Rural Housing (CARH), 2002 Mid-Year Meeting (Napa, California - January 2002)
  • Prepayment Litigation Update
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Hinckley, Minnesota - September 2001)
  • Update on Prepayment Litigation
    Council for Affordable and Rural Housing (CARH), 2001 Annual Meeting and Legislative Conference, Owners Committee Meeting (Arlington, Virginia - June 2001)
  • Status Update, Prepayment Litigation
    Council for Affordable and Rural Housing (CARH), 2001 Mid-Year Meeting (Naples, Florida - January 2001)
  • Prepayment Litigation Update
    Minnesota Council for Affordable and Rural Housing (MN CARH) (September 2000)
  • Damages Lawsuit Update
    Council for Affordable and Rural Housing (CARH), 2000 Mid-Year Meeting, Owners Committee Meeting (Fort Lauderdale, Florida - January 2000)
  • Demonstrative Evidence: Magic That Brings Words To Life
    Minnesota Institute of Legal Education (MILE), Course Chair and Overview (Minneapolis, MN - December 1999)
  • Bid Protest Trends
    38th Annual National Seminar on Government Contracts, The University of Minnesota (St. Paul, Minnesota - October 1999)
  • Litigation Update Regarding Winstar Claims
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Hinckley, Minnesota - September 1999)
  • Acquisition Reform: Evolutions in Government Contracting
    33rd Annual Spring Seminar on Government Contracting, National Contract Management Association (NCMA), Twin Cities Chapter (Minneapolis, Minnesota - April 1999)
  • Update on Prepayment Litigation
    Council for Affordable and Rural Housing (CARH), 1999 Mid-Year Meeting, Owners Committee Meeting (Fort Lauderdale, Florida -  January 1999)
  • Prepayment Litigation
    Wisconsin Council for Affordable and Rural Housing (Madison, Wisconsin - November 1998)
  • Breach of Contract by the Government
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Hinckley, Minnesota - September 1998)
  • The “Rosetta Stone” Approach to Winning Cases: Embody the Theme of Your Case in Demonstrative Evidence
    Minnesota Institute of Legal Education (MILE), Course Chair, Winning With Demonstrative Evidence (Minneapolis, MN - April 1998)
  • Congressional Debates Over Lost Prepayment Rights
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Red Wing, Minnesota - September 1997)
  • Prepayment Rights Update
    Council for Affordable and Rural Housing (CARH), 1997 Annual Meeting and Legislative Conference (Arlington, Virginia - June 1997)
  • Lost Prepayment Rights
    Council for Affordable and Rural Housing (CARH) (Key West, Florida - January 1997)
  • International Trade in Government Contracting
    35th Annual National Seminar on Government Contracts, The University of Minnesota (St. Paul, Minnesota - October 1996)
  • Issue Update on Winstar and Breaches of Contract by the Government
    Council for Affordable and Rural Housing (CARH) (Chicago, Illinois - September 1996)
  • Issue Update on Winstar and Breaches of Contract by the Government
    Minnesota Council for Affordable and Rural Housing (MN CARH) (October 1996)
  • Winstar Breach of Contract Claims
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Owatonna, Minnesota - September 1996)
  • Government Contract Law
    National Education Seminar, National Contract Management Association (NCMA), Tulsa Chapter (Tulsa, Oklahoma - May 1996)
  • Winning Government Contract and High Technology Disputes
    National Contract Management Association (NCMA), Rockford Area Chapter (Rockford, Illinois - March 1996)
  • Litigating Against the Government
    Minnesota Council for Affordable and Rural Housing (MN CARH) (Bloomington, Minnesota - September 1995)
  • Effective Practice Before The Government
    29th Annual Spring Seminar on Government Contracting, National Contract Management Association (NCMA), Twin Cities Chapter and The University of St. Thomas (Minneapolis, Minnesota - April 1995)
  • Winning Contract Disputes Act Appeals
    National Contract Management Association (NCMA), St. Louis Gateway Chapter (St. Louis, Missouri - April 1995)
  • Government Contracts
    National Education Seminar, National Contract Management Association (NCMA), Northeast Indiana Chapter (Fort Wayne, Indiana - March 1995)
  • Contract Costs
    National Education Seminar, National Contract Management Association (NCMA), Twin Cities Chapter (Minneapolis, Minnesota - February 1995)
  • Winning Bid Protests
    National Contract Management Association (NCMA), Twin Cities Chapter (St. Paul, Minnesota - January 1995)
  • Acquisition Reform Under The Federal Acquisition Streamlining Act
    National Contract Management Association (NCMA), Twin Cities Chapter (Minneapolis, Minnesota - November 1994)
  • Topical Environmental Issues Affecting the Government Contractor
    33rd Annual National Seminar on Government Contracts, The University of Minnesota (St. Paul, Minnesota - October 1994)
  • Winning Bid Protests
    National Contract Management Association (NCMA), Tulsa Chapter (Tulsa, Oklahoma - May 1994)
  • Environmental Issues in Government Contracting
    National Education Seminar, National Contract Management Association (NCMA), Greater Iowa Chapter (Cedar Rapids, Iowa - April 1994)
  • Environmental Issues Affecting Government Contractors
    National Contract Management Association (NCMA), Tulsa Chapter (Tulsa, Oklahoma - December 1993)
  • Environmental Issues Affecting Government Contractors
    ABA Public Contract Law Section, Minnesota State Bar Association (MSBA), and Minnesota Continuing Legal Education, Contracting with the Federal Government (Minneapolis, Minnesota - May 1993)
  • Government Contract Law
    Minneapolis, Minnesota, Government Contracts program sponsored by the University of St. Thomas (January 1993)
  • Contract Disputes, Terminations, and Stop Work Orders
    National Contract Management Association (NCMA), Twin Cities Chapter (Brooklyn Park, Minnesota - May 1992)
  • Terminations
    Minnesota State Bar Association (MSBA) and Minnesota Continuing Legal Education, Contracting with the Federal Government (CLE) (Minneapolis, Minnesota - May 1992)


Published Decisions

Selected First Chair Federal Court Decisions

Significant federal court judgments obtained by Jeff, serving as chief trial counsel, include the following:

  • Airport Road Associates, Ltd. v. United States, 866 F.3d 1346 (Fed. Cir. 2017)
  • Chancellor Manor v. United States, U.S. Court of Federal Claims (Lettow), No. 94-1C, et. al., Washington, D.C. (2005); 67 Fed. Cl. 434 (2005)
    Ordering final judgment in an amount in excess of $15 Million against HUD for regulatory takings in violation of the 5th
    Amendment to the U.S. Constitution
  • Franconia Associates v. United States, U.S. Court of Federal Claims (Allegre), Nos. 97-381C & 97-38111C through 97-38130C, Washington, D.C. (2004)
    Order for final judgment against the USDA of $13.5 million in damages
  • Franconia Associates v. United States, U.S. Court of Federal Claims (Allegre), Nos. 97-381C & 97-38111C through 97-38130C, Washington, D.C. (2004); 61 Fed. Cl. 718 (2004)
    Order entitling plaintiffs to damages for breach of contracts with the USDA
  • Allegre Villa v. United States, U.S. Court of Federal Claims (Miller), No. __, Washington, D.C. (2004); 60 Fed. Cir. 11 (2004)
    Granting summary judgment for breach of contract liability in favor of government contractor affordable housing owners
  • Chancellor Manor v. United States, Federal Circuit Court of Appeals, No. __, Washington, D.C. (2003); 331 F.3d 891 (Fed. Cir. 2003)
    Rejecting government’s attempts to avoid liability for Fifth Amendment takings of properties owned by government contractor affordable housing owners
    On Remand, 67 Fed. Cl. 434 (2005), awarding over $15 million in damages to plaintiffs
  • Franconia Associates v. United States, United States Supreme Court, No. __, Washington, D.C. (2002); 536 U.S. 129 (2002)
    Unanimous decision (9-0) allowing breach of contract and Fifth Amendment takings claims brought by government contractor affordable housing owners against the federal government to go forward
    On Remand, 61 Fed. Cl. 718 (2004), awarding over $13 million in damages to plaintiffs
  • Grass Valley Terrace v. United States, United States Court of Federal Claims (Damich), No. __, Washington, D.C. (2002); 51 Fed. Cl. 436 (2002)
    Rejecting sovereign defenses raised by government against breach of contract claims brought by government contractor affordable housing owners
    Subsequent proceedings, 69 Fed. Cl. 543 (2006); 69 Fed. Cl. 506 (2006); 69 Fed. Cl. 341 (2005)
  • United Power Association v. FEMA, U.S. District Court (Webb), Case No. A2-99-180, Fargo, North Dakota (2001); 2001 U.S. Dist. LEXIS 12922 (D.N.D. 2001)
    Denying government’s motion to dismiss and allowing jury trial of damages claim against FEMA for denial of equal protection in violation of the Fifth Amendment of the U.S. Constitution
  • Technical Ordnance, Inc. v. Moore, Eighth Circuit Court of Appeals, No. __, St. Paul, Minnesota (2001); 214 F.3d 641 (2001)
    Reversal of trial court’s finding that genuine issues of material fact precluded summary judgment in favor of defendants, including a federal agent in a Bivens action for wrongful prosecution in violation of the Fourth Amendment of the U.S. Constitution and the United States for claims under the Federal Tort Claims Act (FTCA)
  • Red Wing Shoe Co. v. HHI, Federal Circuit Court of Appeals, No. __, Washington, D.C. (1998); 148 F.3d 1355 (Fed. Cir. 1998)
    Affirming trial court finding of no jurisdiction by reason that internet advertising failed to satisfy minimum contacts test
  • Adams v. United States, U.S. Court of Federal Claims (Horn), No. __, Washington, D.C. (1998); 42 Fed. Cl. 463 (1998)
    Rejecting sovereign acts defense raised by government against breach of contract claims brought by government contractor affordable housing owners
  • Allstate Financial Corporation v. United States, U.S. District Court (Renner), Civil Action No. 4-93-959, St. Paul, Minnesota (1995), aff’d, 109 F.3d 1331 (8th Cir. 1997)
    Affirming final judgment plus interest in the amount of $1.5 Million for wrongful IRS seizure of government contract proceeds.
  • Gronholz v. Sears, Roebuck and Co., U.S. District Court (Davis), Civil Action No. 3-94-1239, St. Paul, Minnesota (1996)
    Special jury verdict finding no infringement and awarding $0 in damages in patent infringement action (Craftsman power tool) where plaintiff sought $3.2 Million in damages
  • Jurgens v. CBK, Ltd., U.S. District Court (Todd), Civ. No. 89-1140, Jackson, Tennessee (1994), aff’d, 80 F.3d 1566 (Fed. Cir. 1996)
    Remanding jury findings in favor of clients/plaintiffs for damages and willful patent infringement for application of proper application of damage multiplier
    On Remand, case settled for $1.3 Million
  • Allstate Financial Corp. v. United States Postal Service, U.S. District Court (Doty), Civ. No. 4-93-1219, Minneapolis, MN (1994); 860 F.Supp. 653 (1994)
    United States Postal Service (USPS) has no liability arising from its compliance with a tax levy
  • UFE Inc. v. Methode Electronics, Inc., U.S. District Court (Doty), Civ. No. 4-90-103, Minneapolis, Minnesota (1992)
    Jury special verdict finding damages of $436,000 in breach of contract action involving airbag production for Ford, General Motors, and Chrysler automobiles

Selected First Chair Government Contract Appeals

Significant ASBCA awards obtained by Jeff, serving as chief trial counsel, include the following:

  • Appeals of Alliant Techsystems, Inc., ASBCA Nos. 47626, 51280, 00-2 BCA ¶ 31,042
    Finding Alliant Techsystems not liable for defective pricing of a “Black Ops” contract for a Persian Gulf War weapons system under the Truth in Negotiations Act (TINA), thereby avoiding $1.5 Million in excess costs and interest
  • Appeals of TMI Coatings, Inc., ASBCA Nos. 46682, 46871, 94-2 BCA ¶ 26,954
    Award for latent defects in jet fuel tanks at the U.S. Naval Air Station, Bermuda
  • Appeal of Technical Ordnance, Inc., ASBCA No. 38142, 93-3 BCA ¶ 26,089
    Conversion of default termination to termination for convenience of a MK Stabilizer contract for Navy torpedoes
  • Appeals of McNally Industries, Inc., ASBCA Nos. 43027, 44688, 93-3 BCA ¶ 26,130
    Award for Army machine gun defective technical data package
  • Application Under Equal Access to Justice Act, ASBCA No. 34748, 90-2 BCA ¶ 22,725
    Award of attorneys’ fees
  • Appeal of Technical Ordnance, Inc., ASBCA No. 34748, 89-2 BCA ¶ 21,818
    Conversion of default termination to termination for convenience of a contract for Navy MK 46 torpedoes
  • Appeal of Technical Ordnance, Inc., ASBCA No. 35184, 89-1 BCA ¶ 21,475
    Government waiver of excess reprocurement costs regarding Navy SEAWAR System

Selected First Chair Bid Protests

Significant bid protests litigated by Jeff, serving as chief trial counsel, include the following:

  • In re Intercomp Company, B-283354, August 27, 1999, ___ CPD ¶ ____
    Successful challenge to award of Air Force contract resulting in resolicitation of same
  • In re Intercomp Company, B-265638.2, B-265639.2, February 22, 1996, 96-1 CPD ¶ 110
    Protest of Air Force contract award for aircraft weighing systems
  • In re Control Corporation, B-253410.3, July 5, 1995, 95-2 CPD ¶ 127
    Protest of contract award to Control Data Systems, Inc. for the maintenance of computers at the Naval Air Warfare Center (NAWC) at Point Mugu, California
  • In re Multi-Bloc, Inc., B-259182.2, April 20, 1995, 95-1 CPD ¶ 217
    Award of fees and costs in protest of contract award for a firing range at the Grand Forks Air Force Base, North Dakota
  • In re Baxter-Travenol
    Protest by national medical products company of a $1 million contract awarded by the Hennepin County Medical Center (HCMC) to Baxter-Travenol, based upon alleged violations of Minnesota’s Uniform Municipal Contracting Law, resulting in resolicitation of contract
  • In re Marconi Dynamics, Inc., B-252318, June 21, 1993, 93-1 CPD ¶ 475
    Sustained bid protest enabling competition for Maverick Missile contract
  • In re Control Corporation; Control Data Systems, Inc., B-251224.2, B-251224.3, B-251224.4, May 3, 1993, 93-1 CPD ¶ 353
    Denial of bid protests resulting in resolicitation of Cyber computer contract at Fort Huachuca, Arizona
  • In re Technical Ordnance, Inc., B-236873, January 19, 1990, 90-1 CPD ¶ 73
    Denial of bid protest regarding explosive requirements resulting in contract resolicitation and subsequent award

Selected First Chair State Court Decisions

Various state court judgments obtained by Jeff, serving as chief trial counsel, include the following:

  • Little v. Colorbrite, Inc., No. C2-90-1135, 1990 Minn. App. LEXIS 1061 (Minn. Ct. App. Oct. 24, 1990), and No. C0-91-2293, 1992 Minn. App. LEXIS 586 (Minn. Ct. App. June 1, 1992)
    Affirming summary judgment orders regarding breach of employment agreement action
  • Munsingwear, Inc. v. Compar SRL, File No. 197167 (4th Judicial District, Minn. October 2, 1985)
    Special jury verdict award of $432,249 for breach of contract damages 

Selected Second Chair Federal Court Decisions

Significant federal court litigation in which Jeff served as second chair trial counsel include the following:

  • DowBrands, L.P. v. Helene Curtis, Inc., U.S. District Court (Kyle), Civ. No. 3-93-440, Minneapolis, Minnesota (1994); 863 F. Supp. 963 (1994)
    Denial of cross-motions for summary judgment where the “fair use” defense was available and genuine issues of material fact existed regarding the issue of likelihood of confusion
  • Aveda Corp. v. Aura, Inc., U.S. District Court (Alsop), No. 3-90 Civ. 504, St. Paul, Minnesota (1991); 19 USPQ2d 1864; 1991 U.S. Dist. LEXIS 16335 (D. Minn. Feb. 20, 1991)
    Successfully opposed preliminary injunction against client Helene Curtis, Inc.
  • Donnaud’s v. Red Wing Shoe Co., Civ. No. __ (E.D. La., 1988)
    Summary judgment order dismissing dealer wrongful termination action
  • Schwebel v. T-S Development Corporation-I, U.S. District Court (McNulty), Civ. No. 5-87-124, Duluth, Minnesota (1988)
    Successful American Arbitration Association securities fraud award of $1,180,000
  • Green Tree Acceptance, Inc. v. Wheeler, ___ F.Supp. ___ (D. Minn. ____), rev’d, 832 F.2d 116 (8th Cir. 1987)
    Special jury verdict award finding no liability for alleged breach of covenant not to compete
    On Remand, case settled
  • David L. Cook Shoes, Inc. v. Red Wing Shoe Co., No. CIV-86-702-TUC-WDB (D. Ariz. Dec. 24, 1986)
    Granting restricted preliminary injunction in dealer wrongful termination action
  • Toro Co. v. R&R Products Co., 600 F.Supp. 400 (D. Minn. 1984), aff’d, 787 F.2d 1208 (8th
    Special jury verdict award of $0 in copyright infringement action where plaintiff sought $4.4 Million in damages Cir. 1986)

Selected Second Chair State Court Decisions

  • Rush’s Inc. v. Koala Blue, Inc., Olivia Newton-John, et al., Civil No. 91-973 (4th Judicial District, Minn., 1991)
    Order granting temporary restraining order in breach of franchise agreement action
  • Tiegen v. Pennsylvania House, Inc., Civil No. 4-89-802 (4th Judicial District, Minn., 1991)
    Summary judgment order dismissing dealer wrongful termination action
  • State v. Red Wing Shoe Co., No. 242646 (Superior Court, California, County of Stanislaus, Oct. 10,
    1989)
    Consent decree in action regarding alleged violations of packaging and labeling regulations
  • Red Wing Shoe Co. v. Shearer’s, Inc., 769 S.W.2d 339 (Tex. Ct. App. 1989)
    Antitrust action regarding vertical non-price restraints
  • Webb Publishing Co. v. Fosshage, __ N.W.2d __ (Minn. Ct. App. 1988)
    Enforcing covenant not to compete in action for wrongful termination
  • Edin v. Jostens, Inc., 343 N.W.2d 691 (Minn. Ct. App. 1984)
    Refusing to enforce covenant not to compete in action for wrongful termination

Other Selected Decisions

Notable litigation matters in which Jeff has been substantially involved include:

  • In re: the Exxon Valdez Oil Spill Litigation, (D. Alaska 1994)
    Oil spill litigation regarding Prince William Sound, Alaska
  • Jurgens v. McCasy, 927 F.2d 1552 (Fed. Cir. 1991)
    $420,000 judgment in patent infringement, Lanham Act, and deceptive trade practices action
  • In re: the Glacier Bay, 741 F.Supp. 800 (D. Alaska 1989), and 746 F.Supp. 1379 (D. Alaska 1990)
    Oil spill litigation regarding Cook Inlet, Alaska
  • Defenders of Wildlife v. Administrator, EPA, U.S. District Court (__), Civ. No. ____,_____, St. Paul, Minnesota (1988)
    Award of attorneys’ fees under the Endangered Species Act
  • West Pub. Co. v. Mead Data Central, Inc., 616 F.Supp. 1571 (D. Minn. 1985), aff’d, 799 F.2d 1219 (8th
    Copyright infringement action regarding the “star pagination” of LEXIS Cir. 1986), cert. denied, 479 U.S. 1070 (1986)
  • Friends of Animals and Their Environment v. Commissioner of Natural Resources, (2d Judicial District, Minn.)
    Order granting permanent injunction for protection of elk herd
  • Sierra Club and Defenders of Wildlife v. Clark, 755 F.2d 608 (8th Cir. 1985)
    Protection of eastern timber wolf under the Endangered Species Act 
  • In re: Exterior Siding and Aluminum Coil Antitrust Litigation, U.S. District Court (Weiner), Civ. No. __, Philadelphia, Pennsylvania (198_)

Other cases tried by Jeff serving as chief trial counsel include Solutronix Corp. v. Eagan Technical Services, Inc. (1991); Flum v. Armstrong World Industries, Inc. (1986); Christensen v. Armstrong World Industries, Inc. (1985); Munsingwear, Inc. v. Drake Fabrics, Inc. (1985); Piper, Jaffray & Hopwood Incorporated v. Mackie (1984); Guiment v. Burnet Realty, Inc. (1983); House v. Northwestern National Bank (1983); Hall v. Aly (1983); Foley v. McDonald’s Corp. (1982); and Kaphingst v. McDonald’s Corp. (1982).

Publications

  • U.S. Court of Federal Claims Issues Ruling on Franconia Prepayment Case
    Council for Affordable and Rural Housing (CARH), Washington, D.C., CARH News (2004)
  • Demonstrative “Evidence”: Oxymoron or Winning Strategy?
    Minnesota Institute of Legal Education (MILE), Winning With Demonstrative Evidence (April 1998)
  • Congress Concedes It Violated the Prepayment Option: The Section 515 Program Debates
    Council for Affordable and Rural Housing (CARH), Washington, D.C., CARH News (1997)
  • Effective Claim Submittals
    National Contract Management Association (NCMA), Twin Cities Chapter, Chapter Newsletter (1996)
  • Phase II of Procurement Reform
    National Contract Management Association (NCMA), Twin Cities Chapter, Chapter Newsletter (1996)
  • Environmental Issues Affecting Government Contractors
    Contracting with the Federal Government, ABA Public Contract Law Section, Minnesota State Bar Association (MSBA), and Minnesota Continuing Legal Education (May 1993)
  • Terminations
    Contracting With The Federal Government, Minnesota State Bar Association (MSBA) and Minnesota Continuing Legal Education (May 1992)