Vanessa J. Szalapski

Healthcare Litigation

• Won full defense verdict for Mayo Clinic after just 19 minutes of jury deliberations following a week-long medical malpractice trial.
• Achieved order denying class-certification on behalf of pharmacy benefit manager in ERISA putative class-action alleging breaches of fiduciary duty related to certain high priced drugs.
• Won summary judgment on behalf of third-party administrator in ERISA claim for benefits case and established for the first time that Minn. Stat. § 62Q.107 does not apply to self-funded ERISA healthcare plans.
• Represent insurers in ERISA and breach of contract putative class actions. 
• Represent health care entities in affirmative and defensive commercial litigation.
• Won healthcare client $1.7 million arbitration award against a pharmacy for breach of contract and fraudulent prescription practices.
• Achieved full dismissal of a putative class action for a Minnesota hospital.
• Advised a healthcare insurance company on litigation risks associated with a new advertising campaign.
• Represented healthcare clinic in lawsuit alleging improper disclosure of protected health information under the Minnesota Health Records Act.
• Achieved full dismissal in a case brought against a Minnesota hospital alleging civil rights, constitutional, and discrimination claims.

Shareholder Litigation 

• Advise clients on minority shareholder statutes and litigation.
• Secured favorable settlements for minority shareholders alleging claims under Minnesota Business Corporation Act and common law.
• Represent healthcare entities in minority shareholder disputes alleging claims. 
• Represented closely held family-businesses in minority shareholder action. 
• Obtained complete dismissal at the pleadings stage of a 10b-5 securities class action alleging false statements in connection with an acquisition.

Fraud Investigations

• Advised financial services client's Investigations Team on internal fraud investigations.
• Assisted and ran financial services client's external fraud investigations.

Trust Litigation

• Secured full dismissal of all trustee breach of fiduciary duty claims in complex family trust and business case.
• Won full defense verdict in breach of fiduciary duty lawsuit.
• Successfully overturned district court's full denial of trustees' request for fees incurred in litigation, resulting in new law on standard for trustee fees in litigation under Minnesota's new Trust Code.

Other Litigation

• Represent electric cooperative in breach of contract suit.
• Won dismissal of a lawsuit and preliminary injunction motion brought by a trade association against an investor-owned utility seeking to prevent the utility from closing a biomass power generation facility.
• Won full defense summary judgment order in False Claim Act qui tam action.
• Achieved full dismissal of appeal to the Minnesota Court of Appeals and Petition to the Minnesota Supreme Court for failure to adhere to procedural requirements.
• Achieved full dismissal of alleged shareholder's claims against parent company for lack of personal jurisdiction.
• Achieved full indemnification settlement for a pro bono client in Minnesota state conciliation court.