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© 2012 Dorsey & Whitney LLP

  • Fellow, American Academy of Appellate Lawyers
  • Special Recognition Award, presented by the National Association of Attorneys General, for assistance to the States in practice before the Supreme Court of the United States, December 2003
  • Volunteer Recognition Award, presented by the National Association of Attorneys General, for sustained assistance to the States in preparation for their appearances before the Supreme Court of the United States, January 1993
  • Supreme Court Reception Honors, presented by The State and Local Legal Center on behalf of the National Governors’ Association, National Conference of State Legislatures, Council of State Governments, National League of Cities, National Association of Counties, National Institute of Municipal Law Officers, International City/County Management Association, and U.S. Conference of Mayors, for substantial contribution to the representation of state and local governmental interests in the Supreme Court of the United States, October 1991, 1992, 1993, and 1995
  • Listed in Best Lawyers in America, 2007-2012
  • Listed in Who's Who in America, Who's Who in American Law, and Who's Who in the World
  • Named a Minnesota Super Lawyer, 2003-2011

  • University of Notre Dame (B.A., 1975), summa cum laude
    Valedictorian
    Phi Beta Kappa
  • University of Notre Dame Law School (J.D., 1978), summa cum laude
    Hoynes Prize (first in class)
    Kiley Fellowship
    Executive Editor of the Notre Dame Lawyer (law review)

  • Honorable Warren E. Burger, U.S. Supreme Court (1979 October Term)
  • Honorable Luther M. Swygert, U.S. Court of Appeals for the Seventh Circuit (1978)

  • The Supreme Court of the United States
  • The United States Courts of Appeals for the Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Federal and D.C. Circuits
  • The United States District Court for the District of Minnesota
  • The Minnesota Supreme Court and the State Courts of Minnesota
  • The Supreme Court of the Winnebago Tribe of Nebraska

Michael J. Wahoske

Of Counsel
Minneapolis
P: (612) 340-8755
F: (952) 516-5549
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Michael J. Wahoske is co-chair of Dorsey’s appellate practice and focuses almost exclusively on appellate litigation. He is a Fellow of the American Academy of Appellate Lawyers and served as a law clerk to the Hon. Warren E. Burger, Chief Justice of the United States, during the Court's 1979 October Term.

Representative Litigation

Mr. Wahoske has represented clients in federal and state appellate courts throughout the United States on a wide variety of matters. Some examples include:

  • Bucyrus International, Inc. v. Dona Rock. State appellate case (Minn. S. Ct.) involving whether a court may issue a private civil investigative subpoena without a case pending.
  • United States v. CNA Financial Corp., et al. Federal appellate case (9th Cir.) involving state insurance law and federal statutory interpretation issues.
  • In re: Sac & Fox Tribe of the Mississippi in Iowa/Meskwaki Casino Litigation. Federal appellate case (8th Cir.) involving Indian Gaming Regulatory Act and tribal governance issues.
  • Seminole Tribe of Florida v. Florida; Kiowa Tribe v. Manufacturing Technologies; Cass County v. Leech Lake Band of Chippewa. Counsel of record for several Indian tribes filing amicus briefs in cases in the Supreme Court of the United States on various Indian Law issues.
  • Rave v. Reynolds; GNS, Inc. v. Blackhawk. Cases in the Supreme Court of the Winnebago Tribe of Nebraska involving Indian Civil Rights Act, tribal constitution, tribal election, and tribal sovereign immunity issues.
  • Goodyear Tire & Rubber Co. v. Alexander & Alexander, Inc. Federal appellate case (11th Cir.) involving insurance broker issues.
  • Datacard v. AMI. Federal appellate case (7th Cir.) involving bankruptcy and environmental law issues.
In addition, Mr. Wahoske frequently provides advice to other appellate counsel, both within and outside the Firm, on their appellate matters.

Presentations

  • Faculty member, annual Seminar on Supreme Court Practice, National Association of Attorneys General, Washington, D.C. (1990-2011)
  • Speaker, Minnesota Attorney General's Office CLE seminar, "A Constitutional Law Primer" (2010): "How the Supreme Court of the United States Decides to Take a Case."  
  • Presenter, Minnesota CLE Webcast (2009), "Appellate Practice and Procedure: Supreme Court Practice."
  • Presenter, Minnesota CLE Appellate Practice Webcast Seminar (2007), "What Minnesota Practitioners Should Know About The Supreme Court of the United States."
  • Panelist, Eighth Circuit Appellate Practice, Minnesota State Bar Association Continuing Legal Education (2003): "Review of New Rules."
  • Panelist, Federal Appellate Practice, Minnesota State Bar Association Continuing Legal Education (2001):  "Appeals from the Perspective of the Appellate Advocate."
  • Presenter, Seminar on “The Supreme Court and Federal Indian Law,” Office of Tribal Justice, U. S. Dept. of Justice & Native American Law Assoc., Washington, D.C. (1998)
  • Speaker, Tort & Insurance Practice Section, American Bar Association 1995 Annual Meeting:  program on “Trying a Case for Appeal”
  • Lecturer, Appellate Practice Institute, Minnesota State Bar Association Continuing Legal Education (1995):  “Recent Amendments to the Federal Rules of Appellate Procedure”
  • Lecturer, Appellate Practice, Minnesota Institute of Legal Education (MILE) (1993): “Certiorari Practice Before the Supreme Court of the United States”
  • Lecturer, Minnesota Advocates for Human Rights Lecture & Discussion Series (1993): “Strategies for Supreme Court Litigation”
  • Lecturer, Appellate Practice, Minnesota Institute of Legal Education (MILE) (1992): “Practice Before the Supreme Court of the United States”
  • Lecturer, Minnesota Appellate Practice Institute, MILE (1991):  “Federal Appellate Practice for the Minnesota Practitioner”
  • Course Chair and Lecturer, Federal Appellate and Supreme Court Practice 1989, MILE:“The Federal Appellate Process,” “Practice Before the Supreme Court of the United States”
  • Lecturer, 1988 Civil Trial Practice Institute, MILE: “Minnesota Appellate Practice”
  • Panel Chair, Conference on German and American Constitutional Law, University of Notre Dame Law School and Konrad Adenauer Foundation, April, 1986:  “Discussion on Freedom of Speech”
  • Adjunct Professor of Law, University of Minnesota Law School, 1981–83     

Professional Activities

  • Member, American Bar Association Standing Committee on Amicus Curiae Briefs, 1997-1999; 1999-2002
  • Member, American Academy of Appellate Lawyers Amicus Brief Committee, 2003-2012
  • Member, Minnesota State Bar Association Appellate Practice Committee, 2000-2001
  • Appointed as Special Attorney to represent the Governor of Minnesota and the Secretary of State before the Minnesota Supreme Court in Page v. Carlson and Growe, July-August 1992
  • Appellate counsel on various pro bono matters
  • Special Assistant City Attorney, Minneapolis, Minnesota, January–May 1982
  • Member, American Bar Association, Eighth Circuit Bar Association, Minnesota State Bar Association, Hennepin County Bar Association               

Attorney Articles

October 24, 2005
"Court Reconsiders Case About a Monument," National Law Journal
May 3, 2004
"From Sentencing to Child Custody," National Law Journal
February 28, 2003
In the matters of Gratz and Grutter, Dorsey attorneys file amicus brief for AJC
Winter 1997
“Raising and Preserving Federal Questions in State Court Cases,” TheBrief, Vol. 26, No. 2
1996
"A Tribute to Warren E. Burger," 22 Wm. Mitchell L. Rev. 63
1996
"Raising and Preserving Federal Questions in State Court," 7 The Practical Litigator 35
Spring 1996
"Appeals: Turning a Loss into a Win," Litigation, Vol. 22, No. 3
September/October 1992
"Court Strikes Hate Crime Law," (co-author, J. Orenstein) Municipal Attorney , Vol. 33, No. 4, July/August 1992; also reprinted under the title "Hate-Speech and the First Amendment: R.A.V. v. City of St Paul," in The Hennepin Lawyer, Vol. 62, No.1
1992, revised 1993
"Certiorari Practice Before the Supreme Court of the United States," Appellate Practice, MILE
1992
"Chief Justice Burger and Freedom of the Press," 45 Oklahoma Law Review 121
1991
"Federal Appellate Practice for the Minnesota Practitioner: A Pitfall Primer," Minnesota Appellate Practice Institute, MILE
1989
"Practice Before the Supreme Court of the United States," (co-authors, N. Spaeth, L. Loving) Federal Appellate and Supreme Court Practice 1989, MILE
1988
"Minnesota Appellate Practice," (co-author, L. Vasichek) 1988 Civil Trial Practice Institute, MILE
1978
"Freedom & Education: Pierce v. Society of Sisters Reconsidered," D. Kommers & M. Wahoske, eds.
1977
"Taxation of Distributions from Accumulation Trusts: The Impact of the Tax Reform Act of 1976," (co-author, D. Link) 52 Notre Dame Lawyer 611
1976
Note, "Prospective Injunctions and Federal Labor Law Policy: Of Future Strikes, Arbitration, and Equity," 52 Notre Dame Lawyer 307