As co-chair of Dorsey’s Appellate Practice Group, Tim has led appeals and counseled clients and trial attorneys across all industries and practices on appellate strategy and litigation. Tim regularly partners with trial counsel to help craft an overall appellate strategy, identify the most compelling appellate-friendly arguments, and then write the appellate briefs, which are generally the most important basis for the court of appeals’ decision. Tim’s approach in all matters is that of a team player who is able to collaborate with trial counsel to bring a fresh set of eyes and appellate perspective to a case. This has included collaboration with trial teams in a number of successful appellate-related matters, including:
- Two unanimous victories before the U.S. Supreme Court after first successfully petitioning the Court for review;
- Reversing or vacating multi-million dollar jury verdicts on post-trial motions and appeal;
- Successfully petitioning the federal court of appeals for rehearing en banc;
- Reversing or vacating district court orders and judgments in complex civil litigation;
- Preserving hard-fought trial court victories in high-stakes appeals;
- Writing amicus briefs that have been cited in opinions or oral argument before the U.S. Supreme Court.
Nearly 100% of Tim's practice is dedicated to appellate-related work, and also includes teaching appellate advocacy as an adjunct professor at the University of Minnesota Law School. Tim's experience extends to all aspects of appellate-related litigation, including post-trial motions, interlocutory appeals, appellate motion practice, merits briefing, amicus briefs, oral argument, petitions for rehearing en banc, and petitions and merits briefing to the U.S. and state supreme courts. Tim is very familiar with and involved in the Minnesota appellate courts, including having served on the Minnesota Supreme Court Advisory Committee on the Rules of Civil Appellate Procedure and having served as the Chair of the Minnesota State Bar Association's Appellate Practice Section. Tim's federal appellate practice is national in scope. It includes admissions to and the handling of appeals in the Second, Sixth, Seventh, Eighth, Ninth, D.C., and Federal Circuits, as well as to the U.S. Supreme Court. Tim currently serves on the Eighth Circuit Bar Association’s Board of Directors. He also writes the firm’s regularly-issued U.S. Supreme Court eUpdates.
Tim is attuned to and has reported on the COVID-19 pandemic’s impact on appellate courts, and what appellate practitioners need to do to effectively litigate their appeals during these unique circumstances. Articles he has written or been quoted in can be found here:
Education & Admissions
Northwestern University School of Law (2007), magna cum laude
Order of the Coif
Senior Articles Editor, Northwestern University Law Review (2006-2007)
University of Minnesota, Morris (B.A., 2002), Graduated with Distinction
- U.S. Supreme Court
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the D.C. Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Minnesota
- U.S. Court of Appeals for the Seventh Circuit, Honorable Joel M. Flaum, 2007-2008
- Minnesota Supreme Court issues a landmark decision for tenants’ rights
- Republic of Peru prevails in sovereign bonds action in Florida
- Austria’s national railway prevails in case before U.S. Supreme Court
- Xcel Energy wins key clarification for community solar program
- Preemption of state packaging and labeling law
- Meat industry continues winning streak in ongoing dispute with California
U.S. Supreme Court
- OBB Personenverkehr AG v. Sachs, 136 S. Ct. 390 (2015) – Appellate counsel and brief writing responsibilities in successfully petitioning for a writ of certiorari to the U.S. Supreme Court and subsequent merits briefing and arguments on the first case argued in the Court’s 2015 Term. The Supreme Court, in an opinion written by the Chief Justice, unanimously ruled in our client’s favor on a question involving the Federal Sovereign Immunities Act’s commercial activity exception.
- National Meat Association v. Harris, 132 S. Ct. 965 (2012) – Brief writing responsibilities in successful petition for a writ of certiorari to the U.S. Supreme Court and subsequent merits briefing, in which the Supreme Court unanimously ruled in our client’s favor that the Federal Meat Inspection Act preempted the challenged California law.
- Sturgeon v. Frost, 136 S. Ct. 1061 (2016) – Appellate counsel for amicus briefs filed to the Supreme Court of the United States on behalf of the Arctic Slope Regional Corporation, in support of petitioner at both the petition and merits stages. On March 22, 2016, the Court unanimously held that the Ninth Circuit’s interpretation of Section 103(c) of the Alaska National Interest Lands Conservation Act was inconsistent with both the text and context of the statute, agreeing with and acknowledging the Arctic Slope Regional Corporation’s amicus brief in its opinion.
- Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak & Salazar v. Patchak, Sup. Ct. Nos. 11-246 & 11-247 – Composed amicus brief on behalf of the National Congress of American Indians and Native American Finance Officers Association in support of petitions for a writ of certiorari. Certiorari was granted on Dec. 12, 2011.
U.S. Courts of Appeals
- Wing Enters. v. Tricam Indus., No. 2019-2279, 2020 U.S. App. LEXIS 30681 (Fed. Cir. Sept. 25, 2020) – Counsel on appellate briefs for Wing Enterprises in successful appeal reversing district court’s exclusion of expert testimony and grant of summary judgment on false advertising claims.
- Solutran, Inc. v. Elavon, Inc., U.S. Bancorp, Nos. 2019-1345, 2019-1460 (Fed. Cir. Jul. 30, 2019) – Counsel on appellate briefs in successful reversal of $4 million patent infringement judgment based on Federal Circuit’s conclusion the relevant claims of the plaintiff’s patent were invalid because they were not directed to patent-eligible subject matter 35 U.S.C. §101.
- FIMCO, Inc. v. Funk, 748 Fed. Appx. 716 (8th Cir. 2019) – Represented appellee FIMCO, Inc. in non-compete dispute, where the Eighth Circuit dismissed the appellant’s appeal as moot after supplemental briefing on the issue by the parties.
- Cave Consulting Group, LLC v. OptumInsight, Inc., 725 Fed. Appx. 988 (Fed. Cir. 2018) – Counsel on appeal in successful reversal of $12 million patent infringement jury verdict based on improper patent claim construction by the district court.
- United States ex rel. Berg v. Honeywell Int’l, Inc., 740 Fed. Appx. 535 (9th Cir. 2018) – Counsel on appeal in successful affirmance of summary judgment for Honeywell in qui tam action under the False Claims Act.
- EduMoz, LLC v. Republic of Mozambique, 686 Fed. Appx. 486 (9th Cir. 2017) – Successful affirmance of the district court’s dismissal of the Republic of Mozambique for lack of jurisdiction under the Foreign Sovereign Immunities Act.
- Del Real, LLC v. Harris, 636 Fed. Appx. 956 (9th Cir. 2016) – Counsel for Plaintiff Del Real, LLC before the district court and Ninth Circuit in successfully challenging the State of California’s nonfunctional slack fill provisions as preempted by the Federal Meat Inspection Act and Poultry Products Inspection Act.
- Webster v. Caraway, 784 F.3d 1123 (7th Cir. 2015) – Successful petition for rehearing en banc to the Seventh Circuit Court of Appeals, which is statistically less likely to be granted than a petition for a writ of certiorari to the Supreme Court. The en banc Seventh Circuit ruled in our client’s favor.
- Syngenta Seeds, Inc. v. Bunge North America, Inc., 762 F.3d 795 (8th Cir. 2014) – Appellate counsel on briefs for successful Eighth Circuit remand of Lanham Act claim.
- New Millennium Consulting, Inc. v. United HealthCare Services, 695 F.3d 854 (8th Cir. 2012) – Led discovery and briefed successful motion for summary judgment, opposition to class certification, and full affirmance before the Eighth Circuit against putative class action alleging contractual liability under an agency theory.
Minnesota Appellate Courts
- In re Petition by Qwest Corp. dba CenturyLink QC, 918 N.W.2d 578 (Minn. App. 2018) – Represented utility on appeal in railroad’s challenge to the constitutionality of utility crossing statute; the statute was upheld on appeal.
- Larson v. Gannett Company, Inc., 940 N.W.2d 120 (Minn. 2020) – Appellate counsel for media defendants in Minnesota Supreme Court decision holding for the first time that the fair and accurate reporting privilege applies to press reports of official statements by law enforcement agencies, and remanding for new trial on the fair and accurate reporting privilege.
District Court Strategy
- After being retained post-trial, represented defendant in having an adverse $27.7 million products liability verdict stricken on post-trial motions. Kedrowski v. Lycoming Engines, No. 62-cv-12-9581 (Minn. D. Ct. Ramsey Cty. Aug. 16, 2016) (granting judgment as a matter of law and alternative new trial on liability), affirmed by No. A17-0538, 2018 WL 2293332, 2018 Minn. App. Unpub. LEXIS 403 (Minn. App. May 15, 2018), reversed and remanded for new trial by 933 N.W.2d 45 (Minn. 2019) (ordering new trial on liability and remanding to court of appeals to determine whether to order new trial on damages).
News & Resources
News & Press Mentions
Events & Speaking Engagements
- Author, Dorsey & Whitney Supreme Court eUpdates
- “Hot issues and cases from the 8th U.S. Circuit,” Minnesota Lawyer (Feb. 1, 2019)
- “Review of the Eighth Circuit During the Supreme Court’s 2017 Term,” Eighth Circuit Bar Association Newsletter (Winter 2018)
- “Hot issues from Minnesota and 8th Circuit,” Minnesota Lawyer (Jan. 24, 2018)
- “Review of the Eighth Circuit During the Supreme Court’s 2016 Term,” Eighth Circuit Bar Association Newsletter (Winter 2017)
- “Review of the Eighth Circuit During the Supreme Court’s 2015 Term,” Eighth Circuit Bar Association Newsletter (Fall 2016)
- “‘Hot’ cases before the 8th Circuit Court of Appeals,” Minnesota Lawyer (Jan. 7, 2016)
- “Congressional Polarization Due to Maximizing Political Satisfaction: Why Elhauge’s Current Enactable Preferences Default Rule Fails to Avoid the Congressional Deadlock and Polarization that Stems from Expansionist Statutory Interpretation,” 102 Northwestern University Law Review Colloquy 176 (2008)
- “Correcting Native American Sentencing Disparity Post-Booker,” 91 Marquette Law Review 723 (2008)
- “The New Battleground for Public Law 280 Jurisdiction: Sex Offender Registration in Indian Country,” 101 Northwestern University Law Review 897 (2007)
- Ten Top Pitfalls on Appeal and How to Avoid Them (July 11, 2019)
- Banks at the Supreme Court (March 29, 2019)
- Course Chair, 2019 Appellate Practice Institute (March 2019)
- The Supreme Court’s Term: Highlights of ’18, Preview of ’19 (October 2019)
- The Supreme Court’s Term: Highlights of ’17, Preview of ’18 (October 2018)
- Brief Writing: Where Most Appeals Are Won or Lost, 2018 Appellate Practice Institute (March 2018)
- Preparing for Appeal During Trial—Issue Preservation, Post-Trial Motions, and Interlocutory Appeals (November 2017)
- The Supreme Court’s Term: Highlights of ’16, Preview of ’17 (October 2017)
- Nuts & Bolts of Appellate Practice (June 2017)
- The Supreme Court’s Term: Highlights of ’15, Preview of ’16 (October 2016)
- How Appellate Courts Do Their Work (July 2016)
- Behind the Scenes: Advice on Brief Writing, 2016 Appellate Practice Institute (March 2016)
- The Supreme Court’s Term: Highlights of ’14, Preview of ’15 (October 2015)
- Petitions for Review to the Minnesota and U.S. Supreme Courts, 2015 Appellate Practice Institute (March 2015)
- The Supreme Court’s Term: Highlights of ’13, Preview of ’14 (October 2014)
- DorsEdiscovery Boot Camp: Meet & Confer and ESI Protocols (October 2014)
- The Supreme Court’s Term: Highlights of ’12, Preview of ’13 (October 2013)
Industries & Practices
- Banking & Financial Institutions
- Class Action Litigation
- Food, Beverage & Agribusiness
- International Arbitration & Litigation
Professional & Civic
- Director, Eighth Circuit Bar Association’s Board of Directors
- Council-Member and Former Chair, Minnesota State Bar Association Appellate Practice Section Council
- Adjunct Professor, University of Minnesota Law School, teaching Appellate Advocacy
- Member of Law360's 2020 Appellate Editorial Advisory Board
- Member, Minnesota Supreme Court Advisory Committee on the Rules of Civil Appellate Procedure
- Member, Eighth Circuit Bar Association
- Member, Federal Bar Association