Background

Primary Career Litigation Areas

• Employment (Employers and Employees)
  • Discrimination, Retaliation, and Other Statute-based Employment Claims of All Kinds
  • Common-law Employment-related Claims
• Business
  • Minority-shareholder disputes
  • Partnership disputes
  • Unfair Competition
  • Uniform Trade Secrets Act
  • Non-competition Agreements
• Civil Appeals (see Appellate Practice)
• Personal Injury and Other Torts
  • Defamation
  • Wrongful Death
  • Medical Malpractice
• Representation of medical personnel (physicians, psychologists, and dentists) in connection with:
  • Discipline and Discharge
  • Loss/Limitation of Hospital Privileges
  • Peer Review Proceedings
  • License Denial/Revocation
  • NPDB Issues (National Practitioner Date Bank)

Honors

• Top 20 Appellate Lawyers in Minnesota (Law & Politics, October, 2000)
• Top 40 Employment Litigation Attorneys in Minnesota (Law & Politics, 2004-2005)
• Top 40 ADR Attorneys in Minnesota (Law & Politics, 2006-2010) (No “Top 40” lists after 2010)
• “Super Lawyer” (1998 – 2019)
• “Leading Attorney” by American Research Corp. in each of the following areas:
  • Employment Law – Management
  • Employment Law – Individual
  • Civil Appellate Law
  • Alternative Dispute Resolution
• A/V Rating by Martindale-Hubbell for the past 30 years
• Board-Certified Labor and Employment Law Specialist (MSBA)

Member of:

• Employment Law Advisory Subcommittee for the Civil Jury Instruction Guides (5th ed. 2006)
• Planning Committee for the Upper Midwest Employment Law Institute: 1996-2001, 2007
• Minnesota State Bar Association Labor and Employment Governing Council (2000-01)
• National Association of Distinguished Neutrals
• AAA (American Arbitration Association)
• FINRA (Financial Industry Regulatory Authority)
• Resolute Systems, LLC

ADR Training and Experience

• Certified Civil Mediation
  Minnesota State Bar Association
  March 10, 11, 13, and 14, 2000
  ADR I.D. # 3391
• Advanced Negotiation/Mediation
  National Institute for Trial Advocacy
  September 29-30 & October 1, 2004
  Louisville, Colorado
• Certified Civil Arbitration Training
  Minnesota State Bar Association
  May 26, 2005
• Advanced Mediation and Advocacy Skills Institute
  American Bar Association Section of Dispute Resolution
  October 15-16, 2009
  Philadelphia, PA

Education

• 1974, University of Wisconsin-Madison, BA
• 1978, University of Wisconsin Law School, JD
• 1979-83, Graduate studies (not completed) in the University of Minnesota Philosophy Ph.D program

Court Admissions

• 1978 Wisconsin
• 1978 United States District Court, Western District of Wisconsin
• 1984 Minnesota
• 
1984 United States District Court, District of Minnesota
• 1987 United States Court of Appeals, 8th Circuit

Litigation History/Representative Cases

Peterson v. Wallace, Creative Real Estate.Net, and Sunderman, 622 F.Supp.2d 791 (D. Minn. 2008) (obtained dismissal of client for lack of personal jurisdiction in fraud and conspiracy case)

Murphey v. City of Minneapolis, 358 F.3d 1075 (8th Cir. 2004) (obtained reversal of summary judgment on employee’s Americans with Disabilities Act [ADA] discrimination claim)

Lincoln v. Sears, Roebuck and Co. and Sears Home Improvement Products Inc., No. 02-CV-840, 2003 U.S. Dist. Lexis 24191 (D. Minn. Sept. 2, 2003) (obtained order allowing client to add claim for punitive damages on various common-law claims), aff’d, 2003 U.S. Dist. Lexis 24192 (D. Minn. Sep. 30, 2003);  9 Wage & Hour Cas.2d (BNA) 468, 27 NDLR ¶145, 2004 WL 62716 (D. Minn. Jan. 9, 2004) (obtained denial of summary judgment on client’s claims of FMLA violations and retaliation, and on common-law claims for intentional and negligent misrepresentation and promissory estoppel); 83 Empl. Prac. Dec. ¶41,249, 147 Lab.Cas. ¶34,636, 2002 U.S. Dist. Lexis 17938, 2002 WL 31108204 (D. Minn. Sept. 17, 2002) (obtained order denying Rule-12 and summary-judgment motions on FMLA and various common-law claims)

State v. GWC, 2004 WL 1328036 (Minn. App. 2004) (obtained reversal of criminal conviction — first-degree criminal sexual conduct — for client sentenced to 12 years in prison)

Hahn v. Commercial Recovery Corp., Anoka County District Court File No. C9-03-6569 (June 1, 2004) (obtained summary judgment for employer in pregnancy discrimination case)

Munshi v. Alliant Techsystems Inc., No. 99-516 (D. Minn. June 26, 2001), 2001 WL 1636494, 2001 U.S. Dist. LEXIS 9639 (obtained denial of summary judgment on employee’s national origin [Title VII] discrimination claim)

Pierce v. Honan and Cottonwood County, No. C8-00-2065 (Minn. App. June 19, 2001), 2001 WL 682885, 2001 Minn. App. LEXIS 675 (obtained affirmance of money judgment in favor of county attorney client on settlement with public defendant of whistleblower claim)

Kofflin v. Transport Workers, Local 512 and American Airlines Inc., No. 3-96-380, United States District Court for the District of Minnesota, Third Division, 1997 U.S. Dist. LEXIS 20829 (Nov. 17, 1997) (obtained denial of summary judgment on claims of the plaintiff, a former union member and employee, of breach of duty of fair representation and breach of collective bargaining agreement)

Vovk v. Tom Thumb Food Markets, No. C6-91-2377 (Minn. App. July 28, 1992), 1992 WL 174729, 1992 Minn. App. LEXIS 745 (obtained affirmance of monetary award to employee, including attorney’s fees, in sexual harassment case)

Wheeler v. McGee, No. C5-92-680 (Minn. App. Dec. 21, 1992), 1992 WL 383460, 1992 Minn. App. LEXIS 1272, pet. for rev. denied (Minn. Feb. 12, 1993) (obtained affirmance of monetary award to business partner on breach of contract and fraud claims in partnership dispute)

200 Levee Drive Assocs. v. Bor-Son Bldg. Corp., 441 N.W.2d 560 (Minn. App. 1989) (obtained reversal of order staying arbitration in commercial construction case)

Lake City Apts. v. Lund-Martin Co., 417 N.W.2d 704 (Minn. App. 1987), pet. for rev. granted, 421 N.W.2d 302 (Minn. 1988) (remanding to Court of Appeals); 428 N.W.2d 110 (Minn. App. 1988), pet. for rev. denied (Minn. Aug. 16, 1988) (obtained reversal of summary judgment in commercial construction case )

Vinkemeier v. Hennepin Technical Centers , No. C7-89-2064 (Minn. App. Jul. 10, 1990), 1990 WL 92876, 1990 Minn. App. LEXIS 672 (gender discrimination)

Gilmore v. Control Data Corp., 442 N.W.2d 835 (Minn. App. 1989) (obtained affirmance of monetary award to employee in breach of contract case)

Roehrdanz v. Roehrdanz, 438 N.W.2d 687 (Minn. App. 1989) (obtained affirmance of order denying motion for change of custody and awarding Ryan attorney’s fees on appeal) and 410 N.W.2d 359 (Minn. App. 1987) (obtained affirmance of marriage -dissolution judgment and decree covering property valuation and division and awards of custody and attorney’s fees)

Maloney v. Ketter, No. C8-88-460 (Minn. App. July 19, 1988), 1988 WL 73081, 1988 Minn. App. LEXIS 653 (obtained affirmance of monetary award to business partner in partnership dispute)

Herron v. Green Tree Acceptance Inc., 411 N.W.2d 192 (Minn. App. 1987), pet. for rev. denied (Minn. Sept. 30, 1987) (Minnesota Court of Appeals — obtained reversal of summary judgment in breach of contract case based on employment manual)

Poplinski v. Gislason, 397 N.W.2d 412 (Minn. App. 1986) (legal malpractice action involving personal-injury claim)

Smith v. Williams, No. C8-90-2144 (Minn. App. March 19, 1991), 1991 WL 34692, 1991 Minn. App. LEXIS 240 (obtained affirmance of judgment and decree in marriage dissolution, including property valuation and division and awards of custody and child support in marriage dissolution)

Uhl v. Uhl, 395 N.W.2d 106 (Minn. App. 1986) (obtained reversal of child custody award)

Thomas v. Honeywell Inc., No. C8-94-29 (Minn. App. Sept. 13, 1994), 1994 WL 495087, 1994 Minn. App. LEXIS 900 — race discrimination and defamation)

Floyd v. Kellogg Sales Co., 841 F.2d 226 (8th Cir. 1988), cert. denied, 488 U.S. 970 (race discrimination and promissory estoppel)

Dohman v. Housely, No. C4-92-2551 (Minn. App. July 27, 1993), 1993 WL 276869, 1993 Minn. App. LEXIS 763, pet. for rev. denied (Minn. Sept. 30, 1993) (action for uninsured motorist coverage for police officer injured during arrest)

Bari v. Control Data Corp., 439 N.W.2d 44 (Minn. App. 1989), pet. for rev. denied (Minn. July 12, 1989) (disability discrimination)

Oja v. Dayton Hudson Corp., 458 N.W.2d 169 (Minn. App. 1990) (claim based on illegal deduction from plaintiff’s wages)

Maeser v. North Star Dodge Ctr. Inc., No. C0-90-131 (Minn. App. July 3, 1990), 1990 WL 89454, 1990 Minn. App. LEXIS 645 (sexual harassment)

Wheeler v. Teufel, 443 N.W.2d 555 (Minn. App. 1989) (defamation)

Bauer v. Republic Airlines Inc., 442 N.W.2d 818 (Minn. App. 1989), pet. for rev. denied (Minn. Aug. 25, 1989) (disability discrimination on behalf of pilot)

Biltz v. Northwest Airlines Inc., 363 N.W.2d 94 (Minn. App. 1985) (disability discrimination on behalf of pilot)

Saiki v. State, 375 N.W.2d 547 (Minn. App. 1985), pet. for rev. denied (Minn. Dec. 19, 1985) (post-conviction relief — withdrawal of guilty plea to third-degree assault)

Johnson v. Professional Servs. Group, 1996 U.S. Dist. LEXIS 7896 (Apr. 17, 1996) (sexual harassment)

French v. Turnage, 915 F.2d 1577 (8th Cir. 1990) (Table) (wrongful termination of federal employee)

Mangan v. Cullen, 870 F.2d 1396 (8th Cir. 1989) (bankruptcy retaliation)

Sennewald v. University of Minnesota, 847 F.2d 472 (8th Cir. 1988) (gender discrimination)

Note: For most of Mr. Ryan’s litigation career, few cases brought to court generated a ruling or decision other than a hard copy located in the file at the courthouse. No rulings of state trial courts were published. A ruling or decision in a state court case was published only if an appeal is taken and, in such instances, only the decision of the appellate court was published. In later years, some trial court rulings in the federal courts began to be released for publication at the discretion of the judge handling the case, but very few. (The advent of electronic publication greatly increased the number, but that is a relatively-recent phenomenon.) Over the course of his career, Mr. Ryan litigated to conclusion hundreds of cases in his areas of practice that have not generated any published ruling or decision. Many of those cases were concluded with a settlement whose terms are confidential and, thus, may not be disclosed. However, some of Mr. Ryan’s cases have generated published rulings, and the cases cited above are a representative sample.

Publications and Presentations

“Executive Compensation”
Advanced Employment Issues, Minnesota CLE
Jan. 29, 2010
“Mediation of Employment Cases: What Works and What Doesn’t”
2008 Hennepin County Bar Association Labor & Employment Presentation
Oct. 7, 2008

“Keys to Ethical (and Successful) Mediation: An Ethics Session for Advocates and Mediators”
2008 Employment Law Institute
May 30, 2008

“Keys to Ethical (and Successful) Mediation: An Ethics Session for Advocates and Mediators”
2007 ADR Institute
Oct. 19, 2007

“Keys to a Successful Mediation”
2007 Employment Law Institute
May 31, 2007

“Keys to a Successful Mediation”
2006 Employment Law Institute
May 22, 2006

“8th Circuit and Federal District Court Update”
21st Annual Employment Law Institute
May 26 and 27, 2004

“8th Circuit and Federal District Court Update”
20th Annual Employment Law Institute
May 28 and 29, 2003

“Hiring and Firing”
Minnesota Institute of Legal Education
Feb. 7, 2003

“Recent Summary Judgment Rulings by the Minnesota Supreme Court and the Minnesota Court of Appeals”
19th Annual Employment Law Institute
May 30, 2002

“Choice of Forum”
Minnesota Trial Lawyers Association
Feb. 15, 2002

“Recent Summary Judgment Rulings by the 8th Circuit Court of Appeals and the U.S. District Court in Minnesota”
18th Annual Employment Law Institute
May 31, 2001

“Pitfalls of Pleading”
ABA, Employment Litigation Skills Training
Oct. 31, 2000

“Psychological Harm in Employment Cases — The Expert’s Perspective”
17th Annual Employment Law Institute
May 23, 2000

“Hot Topics and Real-Life Cases”
Sexual Harassment in Minnesota Seminar
March 29, 2000

“Making Good Initial Choices — Choosing the Forum, the Claims and the Defendants”
16th Annual Employment Law Institute
May 24, 1999

“Past Conduct in Employment Cases — Is It Discoverable? Admissible?”
15th Annual Employment Law Institute
May 28, 1998

“Leaving a Paper Trail — Proof of Nondiscriminatory Practices”
ADA Update 1997
Council on Education in Management
Nov. 17, 1997

“Work Product and Privilege Issues in Employment Cases”
14th Annual Employment Law Institute
May 30, 1997

“The Plaintiff’s Past: Limits on Inquiries into the Plaintiff’s Sexual and Medical History in Sexual Harassment Cases”
Hot Topics in Sexual Harassment
Feb. 26, 1997

“Comparing and Contrasting Burdens of Proof in Discrimination Cases”
13th Annual Employment Law institute
May 28, 1996

“Mistakes Plaintiffs Lawyers Look For”
Reasonable Accommodations: When, What and How
Minnesota State Bar Association
Feb. 19, 1996

“Especially for Judges — Understanding Age Discrimination Issues”
Third Annual Civil Litigation Institute
Nov. 13, 1995

“Overcoming Summary Judgment in Age Discrimination Cases”
12th Annual Employment Law Institute
May 24-25, 1995

“Avoiding Summary Judgment in Employment Discrimination Cases After Hicks”
11th Annual Employment Law Institute
May 23-24, 1994
“Jury Instructions and Special Verdicts — What to Use When Standard Jury Instruction Guides Don’t Suffice”
10th Annual Employment Law Institute
May 26, 1993

“Surviving Summary Judgment in Defamation Cases”
9th Annual Employment Law Institute
May 28-29, 1992