- Mike has been involved with the defense of numerous contractors and subcontractors accused of construction practices causing water intrusion and mold in homes and commercial buildings. One such case, Weston v. McWilliams & Associates, Inc., 716 N.W.2d 634 (Minn. 2006), reached the Minnesota Supreme Court and defined the application of Minnesota’s statute of repose against subcontractors – a case of first impression in Minnesota.
- Successfully represented the general contractor in an indemnity claim against the roofing subcontractor by invoking and reaffirming on appeal to the Supreme Court the right to contractual indemnity in certain construction cases. Holmes v. Watson Forsberg Co., 488 N.W.2d 473 (Minn. 1992).
- Established the right of the employer to proceed with its subrogated claim notwithstanding the employee’s attempt to settle all claims in a third-party action arising after a work injury. Jackson v. Zurich American Inc. Co., 542 N.W.2d 621 (Minn. 1996).
- Successfully defended a third-party tortfeasor in the employer’s workers’ compensation subrogation action, and upon appeal established the nature and extent of proof required of the employer. M.W. Ettinger Transfer & Leasing Co. v. Schaper Mfg., Inc., 494 N.W.2d 29 (Minn. 1992).
- After the Minnesota legislature added additional language to Minnesota Statutes Chapter 176 in 2000, successfully re-affirmed that the nature and extent of proof required of the employer (established in M.W. Ettinger Transfer & Leasing Co. v. Schaper Mfg., Inc.) still applied. Zurich American Ins. Co. v. Bjelland, 701 N.W.2d 64 (Minn. 2006).
- In a case of first impression, established the application of comparative fault principles in commercial vehicle indemnity arbitration proceedings. State Farm Mut. Auto Ins. Co. v. Great West Casualty Co., 590 N.W.2d 675 (Minn. App. 1999).
- In another no-fault case, reaffirmed that the No-Fault Act only provides benefits for income loss (vs. loss of time from work). Rotation Engineering & Mfg. Co. v. Secura Ins. Co., 497 N.W.2d 292 (Minn. App. 1993).
- Successfully defended a product liability case for a major propane coupling manufacturer involving allegations of defective design and manufacture that resulted in an explosion, fire and death.