Bourne and Baxter-Kauf Successfully Argue Criminal Appeal in Pro Bono Matter

LGN attorneys Joe Bourne and Kate Baxter-Kauf successfully briefed and argued a pro bono criminal appeal on behalf of a client who was unlawfully stopped by the police while driving his vehicle. The Minnesota Court of Appeals held that the officer did not have reasonable, articulable suspicion for a traffic stop because there was no identified violation of law particularized to the appellant’s conduct, the appellant was not engaged in evasive conduct, and the appellant’s license plate was legible. The LGN team considers this to be an important victory both for their client and for other individuals whom the police may seek to stop while driving their vehicles. Read the full opinion here.

LGN attorneys participate in criminal appeals through the MSBA Appellate Section’s Pro Bono Project with the Appellate Public Defender.

LGN Team Appointed to Leadership in Two National Antitrust Litigations

The LGN team led by Heidi Silton has been named to leadership positions in two national antitrust litigations. Working with Heidi on both cases are Jessica N. Servais and Joe Bourne. Their combined contributions achieved leadership appointments that underscore the dedication and diligent work LGN’s antitrust team continually exhibits. You can read more about each of these cases below.

Antitrust

The LGN team was named interim Co-Lead Counsel for the indirect purchaser plaintiffs in the Concrete and Cement Additives Antitrust Litigation in the Southern District of New York. The plaintiffs allege that the world’s largest manufacturers of concrete and cement additives conspired to fix prices, causing them to pay too much for the defendants’ concrete and cement additives. International government enforcers, including the U.S. Department of Justice and the European Commission, are also investigating the industry.

In addition, Heidi was named to the interim Direct Purchaser Plaintiff Steering Committee in the Passenger Vehicle Replacement Tires Antitrust Litigation in the Northern District of Ohio, a case in which Jessica and Joe are both actively involved. The plaintiffs allege that the world’s largest tire manufacturers conspired to fix the prices of replacement tires for passenger vehicles. International government enforcers, including the European Commission, are also investigating the industry.

13 LGN Attorneys Selected as Super Lawyers and Rising Stars Honorees

Lockridge Grindal Nauen is proud to announce that thirteen of the firm’s attorneys were selected as 2024 Minnesota Super Lawyers and Rising Stars honorees.

Super Lawyers

Kate Baxter-Kauf, Joe Bourne, Joe Bruckner, Brian Clark, Gregg Fishbein, Yvonne Flaherty, Rebecca Peterson, Karen Hanson Riebel, Rob Shelquist, Heidi Silton and Dave Zoll have been named Super Lawyers. Super Lawyers recognizes the top 5% of outstanding lawyers in each state, who have attained a high degree of peer recognition and professional achievement, from more than 70 practice areas.

Rachel Kitze Collins and Arielle Wagner have been named Rising Stars. The Rising Stars recognition is given to the top 2.5% of up-and-coming attorneys in the state who are either 40 years or younger or have been practicing for 10 years or less.

The multi-phased selection process includes independent research, peer nominations, and peer evaluations to select the exclusive honorees.

Joe Bourne Announced as LGN Partner

Joe Bourne

Lockridge Grindal Nauen PLLP is pleased to announce the promotion of Joe Bourne to the position of Partner, effective January 1, 2024. This well-deserved promotion reflects Joe’s outstanding contributions in the fields of antitrust, consumer protection, and business litigation.

Joe joined Lockridge Grindal Nauen in 2021 and has quickly distinguished himself. During the past decade in private practice, Joe has litigated antitrust, class action, and other complex civil litigation matters involving the technology, logistics, food product, and healthcare industries, among others.

Notably, Joe represented the plaintiffs in Wood Mountain Fish v. Mowi ASA, who alleged that Norwegian and other foreign producers of farm-raised Atlantic salmon conspired to fix the prices of the salmon they produced and sold into the United States. Joe took a leading role in the litigation, including discovery, briefing, and oral argument, and helped obtain a significant $33 million recovery on behalf of indirect purchasers of farmed salmon, such as restaurants, caterers, and grocery stores.

In 2022, the American Antitrust Institute awarded Joe the Outstanding Antitrust Litigation Achievement by a Young Lawyer recognition for his work on the In re Pork Antitrust Litigation. He has also been named a Minnesota Rising Star from 2014-2023 by Super Lawyers®.

“The Partners of LGN are proud and delighted to add Joe to the partnership ranks. In addition to the breadth and depth of Joe’s litigation skills, his demonstrated commitment to clients and to his colleagues both within and outside the firm are some of his strengths. Joe is a valuable member of the Antitrust Department, and the firm looks forward to his continued contributions to clients and to firm culture,” said Lockridge Grindal Nauen Partner Heidi Silton.

“I am excited to be joining the LGN partnership with some of Minnesota’s most well-respected attorneys, who have been amazing mentors to me in my career to date. Many of my partners at LGN are national practice leaders in the antitrust bar, and I look forward to continuing to work together to enforce the antitrust laws, promote fair competition across industries, and achieve economic justice for our clients,” said Joe.

Lockridge Grindal Nauen PLLP is confident that Joe’s elevation to Partner will further enhance the firm’s ability to meet the evolving needs of our clients and reinforce our commitment to excellence in legal services.

17 LGN Attorneys Named Super Lawyers and Rising Stars

Lockridge Grindal Nauen is proud to announce that seventeen of the firm’s attorneys were selected as 2023 Minnesota Super Lawyers and Rising Stars. 

Kate Baxter-Kauf, Joe Bruckner, Brian Clark, Susan Ellingstad, Gregg Fishbein, Yvonne Flaherty, Dick Lockridge, Kristen Marttila, Charlie Nauen, Rebecca Peterson, Karen Hanson Riebel (Top 100 and Top 50 Women), Rob Shelquist, Heidi Silton and David Zoll have been named Super Lawyers. Super Lawyers recognizes the top 5% of outstanding lawyers in each state, who have attained a high degree of peer recognition and professional achievement, from more than 70 practice areas.

Joe Bourne, Rachel Kitze Collins, and Arielle Wagner have been named Rising Stars. The Rising Stars recognition is given to the top 2.5% of up-and-coming attorneys in the state who are either 40 years or younger, or who have been practicing for 10 years or less. 

The selection process is multi-phased including independent research, peer nominations and peer evaluations.

LGN Senior Counsel Joe Bourne Selected by American Antitrust Institute as Honoree for Outstanding Antitrust Litigation Achievement by a Young Lawyer

Joe Bourne

LGN Attorney Joe Bourne will be honored for his work on In re Pork Antitrust Litigation at the American Antitrust Institute’s Awards Night on November 9, 2022, in Washington, D.C. Joe was selected by a committee comprised of current and former private practitioners, government attorneys, and economists for his work in the Pork case. In that litigation, Joe has taken on a leading role in discovery of the defendants by all plaintiffs, discovery of the direct purchaser plaintiffs, coordinating discovery and court filings with all parties, briefing and arguing motions, and addressing the court at status conferences.

LGN Attorneys Submit Amicus Brief on behalf of COSAL and AAI

LGN attorneys Joe Bourne and Kristen Marttila, on behalf of the Committee to Support the Antitrust Laws (COSAL), along with Randy Stutz on behalf of the American Antitrust Institute (AAI), submitted an amicus brief to the Ninth Circuit today in support of the plaintiffs in Sidibe v. Sutter Health, a certified class action that was tried to a jury. 

The plaintiffs in the litigation below claimed they paid supracompetitive prices for health insurance premiums because of Sutter Health’s anticompetitive conduct. The plaintiffs alleged Sutter Health violated the federal and California antitrust laws when it forced health plans to negotiate with its hospitals on a systemwide (rather than hospital-by-hospital) basis beginning in the late 1990s or early 2000s and to accept anticompetitive provisions in its contracts. 

In their brief, COSAL and AAI argue that the district court erred in excluding certain pre-class period evidence that was contemporaneous with the defendant’s consideration and implementation of the challenged restraint of trade. This exclusion was error because evidence regarding the history of the restraint and the reasons for its adoption are relevant to the jury’s assessment of a Sherman Act claim, and is independently sufficient to demonstrate a violation under California’s Cartwright Act. The brief also argues that the district court erred in allowing the jury to consider evidence of market power and market definition from the perspective of the individual insured, rather than from the perspective of the health plans, which the Ninth Circuit and other courts of appeal have recognized are the actual payors within the healthcare marketplace.

LGN is a longtime member of COSAL, which was founded in 1986 to promote and support the enactment, preservation, and enforcement of a strong body of antitrust laws in the United States. Ms. Marttila serves as the vice-chair of COSAL’s amicus committee.

LGN Attorneys Participate in Minnesota State Bar Association Panel

LGN Attorneys Jessica Servais and Joe Bourne participated in a panel discussion regarding recent court decisions under Federal Rule of Civil Procedure 23, focusing on class certification decisions in antitrust cases, including the relevant facts and legal analysis in those decisions. Panelists also discussed the effect non-antitrust class certification decisions may have on antitrust litigation in the future.