Timothy J. Droske
PEOPLE

Timothy J. Droske

Of Counsel
droske.tim@dorsey.com

Overview

TIM CO-CHAIRS DORSEY’S APPELLATE PRACTICE GROUP AND HELPS CLIENTS AND TRIAL ATTORNEYS STRATEGICALLY NAVIGATE AND WIN IN THE STATE APPELLATE COURTS, THE FEDERAL COURTS OF APPEAL, AND THE SUPREME COURT OF THE UNITED STATES.

Tim has led appeals and counseled clients and trial attorneys across all industries and practices on strategy and litigation before the federal and state appellate courts, including merits and amicus briefing, oral argument, motion practice, post-trial briefing, petitions for rehearing, interlocutory appeals, and petitions to the Supreme Court of the United States for a writ of certiorari. Tim is Co-Chair of Dorsey’s Appellate Litigation Practice Group, and a team player who is able to collaborate with trial counsel on post-trial motions and appeal, bringing a fresh set of eyes and appellate perspective to a case.

Tim has a proven track record of success in securing reversals of adverse decisions from a jury, trial court, or intermediate court of appeals. This includes appeals to the United States Supreme Court, where in two cases, Tim has written the briefs and provided appellate counsel in successfully petitioning the Supreme Court of the United States for a writ of certiorari and the subsequent merits arguments, securing unanimous victories from the Supreme Court for Dorsey’s clients in both instances. 

Tim teaches appellate advocacy as an adjunct professor at the University of Minnesota Law School and also writes the firm’s regularly-issued U.S. Supreme Court eUpdates.

Tim’s practice also consists of class action defense and other complex commercial litigation for the food and agribusiness and banking industries, among others. His experience extends to all stages of litigation, including successful dismissals of suits on the pleadings, managing all aspects of complex class action discovery, defeating motions for class certification, obtaining dismissals at summary judgment, and litigating cases through trial.

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

Admissions

  • Minnesota
  • 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 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

Clerkships

  • U.S. Court of Appeals for the Seventh Circuit, Honorable Joel M. Flaum, 2007-2008

Experience

Representative Litigation

  • 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. 
  • Kedrowski v. Lycoming Engines, No. A17-0538 (Minn. App. May 15, 2018) & No. 62-cv-12-9581 (Minn. D. Ct. Ramsey Cty. Aug. 16, 2016) – Secured judgment as a matter of law for defendant and affirmance on appeal after being retained post-trial, wiping out a $27.7 million jury verdict, which at the time was the largest personal injury verdict issued by a Minnesota jury in the past ten years, and the third-largest in Minnesota history.
  • Larson v. Gannett Company, Inc., No. A17-1068 (Minn. App. May 7, 2018) – Appellate counsel in Minnesota Court of Appeals’ reversal of trial court, securing the fair report privilege’s protection of the press against defamation claims when reporting on police press conferences. 
  • Cave Consulting Group, LLC v. OptumInsight, Inc., No. 2017-1060 (Fed. Cir. Mar. 21, 2018) – Counsel on appeal in successful reversal of multimillion dollar patent infringement jury verdict based on improper patent claim construction by the district court.
  • 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.
  • Del Real, LLC v. Harris, No. 13-16893 (9th Cir. Feb. 12, 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.
  • LaCroix v. US Bank, N.A., Civ 11-3236, 2012 WL 2357602 (D. Minn. Jun. 20, 2012) –Successful motion to dismiss nationwide putative class action alleging claims related to the National Flood Insurance Act and lender-placed flood insurance coverage. 
  • 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. 

News & Resources

Articles

The Supreme Court - September 27, 2018
The Supreme Court - June 28, 2018
The Supreme Court - June 27, 2018
The Supreme Court - June 26, 2018
The Supreme Court - June 25, 2018
The Supreme Court - June 22, 2018
The Supreme Court - June 21, 2018
The Supreme Court - June 18, 2018
The Supreme Court - June 14, 2018
The Supreme Court - June 11, 2018
The Supreme Court - June 4, 2018
The Supreme Court - May 29, 2018
The Supreme Court - May 21, 2018
The Supreme Court - May 14, 2018
The Supreme Court - April 30, 2018
The Supreme Court - April 24, 2018
The Supreme Court - April 17, 2018
Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.
The Supreme Court - April 2, 2018
The Supreme Court - March 27, 2018
The Supreme Court - March 22, 2018
The Supreme Court - March 20, 2018
The Supreme Court - March 5, 2018
The Supreme Court - February 27, 2018
The Supreme Court - February 26, 2018

News & Press Mentions

Dorsey Partner Juan Basombrio argues case involving foreign sovereign immunity and international commercial activity in the United States Supreme Court
Dorsey Of Counsel Tim Droske Comments on the 8 Supreme Court Cases to Watch
Dorsey Of Counsel Tim Droske Comments on Supreme Court Ruling in Bristol-Myers Squibb Case
Dorsey Partner Juan Basombrio Prevails for Republic of Peru in Sovereign Bonds Action in Florida
U.S. Supreme Court Asks Solicitor General to Weigh in on Belize's Petition for Certiorari
The United States Supreme Court calls for the views of the Solicitor General in case where the Government of Belize is being represented by Juan Basombrio, Steve Wells and Tim Droske

Legal Writings

  • Author, Dorsey & Whitney Supreme Court eUpdates
  • “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)

Select Presentations

  • 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

  • Appellate
  • Banking & Financial Institutions
  • Class Action Litigation
  • Food, Beverage & Agribusiness
  • International Arbitration & Litigation

Professional & Civic

Professional Achievements

  • Secretary/Treasurer, Minnesota State Bar Association Appellate Practice Section Council
  • Adjunct Professor, University of Minnesota Law School, teaching Appellate Advocacy
  • Member, Minnesota Supreme Court Advisory Committee on the Rules of Civil Appellate Procedure
  • Member, Eighth Circuit Bar Association
  • Member, Federal Bar Association

Accolades

North Star Lawyer logo

  • MSBA North Star Lawyer, 2012 and 2014-2017
Timothy J. Droske