LEspel@GreeneEspel.comDownload vCard
Education
- J.D., University of Minnesota Law School, magna cum laude, Order of the Coif (1977); Editor, Minnesota Law Review
- B.A., Augustana College, cum laude (1973)
Experience
- Popham, Haik, Schnobrich & Kaufman, Minneapolis, Minnesota, Shareholder (1984-1993); Chair of Litigation Department (1989-1991); Executive Committee (1992); Joined firm in 1978
- United States District Court, District of Minnesota, The Honorable Earl R. Larson, Law Clerk (1977-1978)
Larry Espel founded the law firm with Cliff Greene in 1993. Our most sophisticated clients ask Larry to serve as lead counsel in their high-stakes, complex disputes. Larry's well-reputed practice includes federal and state litigation in Minnesota and throughout the country. It has involved class actions and multi-district lawsuits, arbitration, and administrative proceedings to resolve commercial, environmental, construction, products liability, and telecommunications disputes. He has been a Certified Civil Trial Specialist since 1988, and is an experienced mediator and arbitrator. Larry has published articles and lectures in the fields of contracts, construction law, environmental litigation, and products liability.
CERTIFICATIONS
Certified Civil Trial Specialist (1988-Present)
Certified Mediator and Arbitrator qualified under State ADR Rule 114 (Civil Roster)
REPRESENTATIVE CASES
Commercial Litigation
Schaaf v. Residential Funding Corporation, et al, 517 F.3rd 544 (8th Cir. 2008). Defense of financial company and dismissal of class action by bond holder for insufficient loss causation.
Hardin County Savings Bank v. City of Brainerd, __ F.Supp. 2d __ (N.D. Iowa 2008) (No. 08-CV-38-LRR). Defense of City and dismissal of claims by bond holder for insufficient loss causation.
International Decision Systems v GE Commercial Financial, File 27-CV-07-1767, Hennepin County. Defense of software customer on breach of contract claim and successful summary judgment order (Feb. 2008).
Crest v. Deloitte & Touche. Successful defense of accountants at trial of claims involving alleged errors in financial statements; and recovery of attorney fees for defense; affirmed in unpublished decision by Minnesota Court of Appeals, (Sept. 25. 2007) (A06-1230, A07-478, A06-1231); cert denied.
National Lodging v. Prime Hospitality. Trial defending hotel management company on claims of breach of fiduciary duty, termination of liquidated damages and other breach of contract.
First Trust National Association v. GMAC Mortgage Corporation, (D. Minn.). Trial counsel for defense of claims by indenture trustee concerning sale of collateralized mortgage obligations. Case settled after cross-motions for partial summary judgment dramatically narrowed claims.
Gustafson Associates v. Pacific Trade International, Inc., (Minnesota). Trial defending manufacturer against representative’s claim for commissions.
Stanley Erskine v. In Home Health, Inc., et al., (State of Minnesota, District Court, Fourth Judicial District). Served as special counsel to a board of directors in determining the legality and necessity of indemnifying directors named as defendants in action commenced by disgruntled minority shareholders.
Class Actions
Sanders v. Ashland Inc. and Marathon Ashland Petroleum, LLC, (D. Minn.). Lead trial counsel for class action involving approximately 4,500 households in neighborhoods surrounding refinery and tank farm with allegations of personal injury and property damage and devaluation. Claims settled for nominal amounts on eve of trial.
In re Baxter Healthcare Corporation Gammagard® Products Liability Litigation, MDL No. 95 1060 R (C.D. Calif.). Lead negotiator for class settlement in multi-district litigation with certified class of potentially thousands of recipients of immune globulin who have allegedly contracted hepatitis C.
Environmental Litigation
Minnesota Pollution Control Agency v. ASIG, (Agency investigation). Successful defense of company and dismissal of notice of violation triggered by surveillance videos.
Soo Line v. Ashland, (D. Minn.). Defense of chemical company in litigation relating to former tenancy on edge of large railroad property for site involving soil and ground water contamination; assistance in negotiating participation in voluntary remediation program.
Minnesota Pollution Control Agency v. Koch Petroleum Group, (Agency investigation). Represented company in investigation prompted by whistle-blowers and successfully negotiated comprehensive, multi-media settlement agreement.
United States v. Millennium Inorganic Chemicals, Inc., et al. Represented company with two large facilities in multiple mediations, arbitrations, lawsuits and settlements involving adjoining properties, indemnity issues, successor owners, response actions, joint interim and permanent funding agreements, natural resource damage allegations and many other issues in one of the oldest superfund sites in the nation in Ohio, involving multiple neighboring industries on a stream that empties into a river and eventually Lake Erie.
Other reported cases include:
Minnesota Agr. Aircraft Ass’n. v. Township of Mantrap, 498 N.W.2d 40 (Minn. App., March 30, 1993) (No. C6-92-2289).
Northern States Power Co. v. City of Granite Falls, 463 N.W.2d 541 (Minn. App., Dec. 4, 1990) (No. C2-90-1524, C5-90-1355).
Matter of Solid Waste Permit for NSP Red Wing Ash Disposal Facility, 421 N.W.2d 398 (Minn. App., Mar. 29, 1988) (No. C1 87-1696).
Voyageurs Regional National Park Association v. Lujan, 1991 WL 343370 (D. Minn., Apr. 15, 1991) (No. Civ. 4-90-434).
Sylvester Bros. Development Co. v. Burlington Northern R.R., 772 F. Supp. 443, 32 ERC 1122, 22 Envtl. L. Rep. 20, 594 (D. Minn. Sept. 11, 1990).
Atlantic States Legal Foundation, Inc. v. Koch Refining Co., 681 F. Supp. 609, 56 USLW 2530, 27 ERC 1358, 18 Envtl. L. Rep. 20, 804 (D. Minn., Mar. 9, 1988) No. Civ. 4-87-364).
Construction Litigation
Foster Wheeler v. University of Minnesota. Represented owner in litigation involving breach of $100,000,000 design build construction contract and 25-year steam supply management agreement. Case settled on eve of trial after successful motions for pretrial summary judgment.
Casino Entertainment Corporation v. Cuningham Hamilton Quiter Architects. (Arbitration). Successfully defended architect in a three week arbitration against claims for $7,000,000 arising out of costs over owner’s budget.
Kraus Anderson Construction Company v. Hans Hagen Homes, et al. (Arbitration). Represented architectural firm in three party claim by contractor involving cost overruns under a fixed price contract.
BAR ADMISSIONS
State of Minnesota
U.S. District Court for the District of Minnesota
PROFESSIONAL AFFILIATIONS
Hennepin County Bar Association, Chair, Finance Committee, Board of DirectorsAWARDS AND OTHER RECOGNITION
Children's Law Center, Distinguished Service Award, 2006
PUBLICATIONS
"Pretrial Preparation," Minnesota Deskbook on Civil Trial Practice (publication scheduled March 2009)
"Causation and Experts in Toxic Tort Cases — The Tension between Science and Law," Expert Witnesses, ABA Litigation Section (1991)
"Knowledge of Intermediary as a Defense in Duty to Warn Cases," Products Liability Reporter, Vol. 17, No. 42, 1029 (1989)
"Liability and Loss Allocation for Economic Losses in Construction Litigation," 13 William Mitchell L. Rev. 81 (1987)