The Minnesota Supreme Court issued an opinion in favor of Greene Espel’s client, the City of Rochester, reversing a Minnesota Court of Appeals decision that an appearance of bias had invalidated the City’s transit contract. The Court held that the plaintiff did not properly raise an appearance-of-bias claim in its pre-bid protest of the City’s competitive-bidding-contract-award process, and thus forfeited an appearance-of-bias argument on appeal. The Court cautioned that litigants may not raise new arguments in reply briefs.
John Baker, Monte Mills, and Kate Swenson represented the City. Our government and constitutional litigation attorneys regularly represent cities and towns, and are often called upon to evaluate and litigate the constitutionality of state laws and local regulations. Greene Espel is honored to have brought its experience to bear for its client in this important case.
John, a founding member of the firm, regularly represents individuals and entities in state and federal appellate courts in Minnesota and beyond. He has made a name for himself as an exceptional brief writer. Other attorneys often request him to seek reversals for their clients on appeal or to protect the results obtained in the trial court. John has presented oral argument on appeal more than 30 times. Kate guides clients in the public and private sectors through all stages of dispute resolution, including trial and the appellate process. She regularly briefs appeals in federal and state courts, and she has successfully argued before the Eighth Circuit Court of Appeals and the Minnesota Court of Appeals. Monte focuses his practice on constitutional and governmental defense, business litigation, and appellate matters. He has argued cases before the Minnesota Court of Appeals, the Minnesota Supreme Court, and the Eighth Circuit Court of Appeals.