Steven J. Wells

Significant Trials and Appeals

• National Meat Association v. Harris, 132 S.Ct. 965 (2012). Counsel of record for, and argued on behalf of, Petitioner in preemption case before the Supreme Court of the United States involving the Federal Meat Inspection Act; in a unanimous opinion, the Court reversed the Ninth Circuit and struck down all provisions of California law challenged by Petitioner. 

• OBB Personenverkehr AG v. Sachs, 136 S.Ct. 390 (2015). Co-counsel on petition to the Supreme Court of the United States on a writ of certiorari from the Ninth Circuit on behalf of a foreign state-owned railway regarding the interpretation of the Foreign Sovereign Immunity Act’s commercial activity exception. In a unanimous opinion, the Court reversed the Ninth Circuit and held that OBB enjoyed sovereign immunity.

• Denver Transit Partners, LLC v. Regional Transportation District (Colo. Ct. App. 2024). Lead appellate counsel for appellee RTD in breach of contract action in which appellant sought more than $100 million in damages; judgment for RTD affirmed.

• Larson v. Gannett Co., et al., 940 N.W. 2d 120 (Minn. 2020). Lead trial and appellate counsel for media defendants in multi-claim defamation action; after two-week trial, jury verdict for defendants on all claims; new trial order by the court reversed on appeal. In a significant decision, the Minnesota Supreme Court held for the first time that the fair and accurate reporting privilege applies to press reports of official statements by law enforcement agencies, and remanded for new trial on the fair and accurate reporting privilege.

• Nelson Auto Center v. Tegna, Inc., 951 F.3d 952 (8th Cir. 2020). Represented defendant media organization in defamation suit alleging false statements in connection with news reporting; judgment for defendant affirmed.

• Webster v. Daniels, 784 F.3d 1123 (7th Cir. 2015) (en banc); Webster v. Watson, 975 F.3d 667 (7th Cir. 2020). Lead counsel in successful, ground-breaking federal habeas appeal to the en banc Seventh Circuit; upon remand, successfully led team in multi-year evidentiary hearings resulting in vacatur of client’s death sentence.

• Money Mailer, LLC v. Brewer, 449 P.3d 258 (Wash. 2019). Lead appellate counsel in Washington Supreme Court for appellant franchisor on certified question regarding interpretation of Washington franchising statute; questions answered in client’s favor.

• Kedrowski v. Lycoming Engines, 933 N.W.2d 45 (Minn. 2019). Lead counsel for defendant airplane pump manufacturer in post-trial motions and appeal following $28 Million jury award for plaintiff, the third biggest personal injury award in Minnesota state history. As a result of post-trial motions, jury verdict on liability was overturned, and Supreme Court affirmed new trial order.

• In the Matter of Qwest Corp. d/b/a CenturyLink QC, 918 N.W.2d 578 (Minn. Ct. App. 2018). Lead appellate counsel for utility in connection with railroad’s constitutional challenge of utility crossing statute; statute upheld.

• Midbrook Flowerbulbs Holland B.V. v. Holland Am. Bulb Farms, Inc., 874 F.3d 604, 2017 U.S. App. LEXIS 21172, 98 Fed. R. Serv. 3d (Callaghan) 1623, 2017 WL 4799263 (9th Cir. 2017). Lead appellate counsel for Dutch agricultural company in multimillion dollar international contract dispute involving meaning of “due process” in connection with the enforcement of foreign country judgments; judgment for client affirmed.

• Lund v. Lund, 924 N.W. 2d 274 (Minn. Ct. App. 2018). Lead trial and appellate counsel in shareholder buyout and trust case.

• Del Real, LLC v. Harris, 636 Fed. Appx. 956, 2016 U.S. App. LEXIS 2569 (9th Cir., Feb. 12, 2016). Lead counsel for prepared food company challenging California “slack fill” packaging statute on basis of preemption; statute held preempted and permanently enjoined by district court; affirmed on appeal.

• Centurion Properties III, et al v. Chicago Title Insurance Co. 793 F.3d 1087 2015 WL 4283338 (9th Cir. 2015). Counsel of record on appeal for appellant seeking reversal of summary judgment on commercial tort claims.

• Nissan of North Olmsted v. Nissan North America, Inc., 38 N.E.3d 500 2015 WL 3963958 (Ct. App Ohio 2015). Lead counsel for defendant automobile manufacturer in statutory action; plaintiff’s claims dismissed, affirmed on appeal. 

• Syngenta Seeds, Inc. v. Bunge North America, Inc., 762 F.3d 795 (8th Cir. 2014). Counsel for appellant in Lanham Act and other claims. Remanded.

• St. Jude Medical (Hong Kong) Limited, et al. v. Conor Medsystems, Ireland, Ltd. et al. Supreme Court of State of N.Y., 2013. Lead counsel for Plaintiffs in dispute over international distribution rights for cardiac stent. Confidential settlement.

• Reilly et al. v. Ceridian Corporation, 664 F.3d 388 (3rd Cir., 2012). Lead counsel for defendant in putative class action alleging claims based on data security breach; all claims dismissed with prejudice, affirmed on appeal.

• Zimbrick Honda v. American Honda Motor Co., Inc., 2012 WI App 40, 340 Wis. 2d 498, 812 N.W.2d 540 (Wis. App. 2012). Lead counsel for defendant automobile manufacturer in statutory action; judgment for client affirmed on appeal.

• Rios, et al. v. Jennie-O Turkey Store, Inc., et al., 739 N.W.2d 309 (Minn. Ct. App. 2011). Lead counsel for defendants in wage and hour class action regarding donning and doffing in turkey processing facilities involving over 13,000 employees; summary judgment on all claims affirmed on appeal.

• OOIDA v. SUPERVALU INC., 651 F.3d 857 (8th Cir. 2011). Lead counsel for defendant in class action by transport trade association claiming violations of Motor Carriers Act; all claims for restitution and damages rejected, affirmed on appeal.

• Gentile Nissan v. Nissan North America, Inc., 800 N.W.2d 555, 2011 (Wis. Ct. App. 2011). Lead counsel for defendant Nissan in dealer termination; judgment for Nissan affirmed on appeal.

• Trustee in Bankruptcy for Health Risk Management, Inc. v. Ernst & Young LLP, AAA Arbitration, 2008. Lead counsel for respondent in "deepening insolvency" claim. After five weeks of arbitration, award for respondent and all claims dismissed with prejudice.

• Clougherty Packing LLC v. AmeriCold Logistics, JAMS Arbitration, 2008. Lead counsel for claimant in contract and accounting dispute; $2.7 Million award for the claimant.

• Loop Corp. v. Ernst & Young LLP, 2004 WL 2221619 (Minn. Ct. App. 2004). Lead trial and appeal counsel for defendant accounting firm in action by investors in failed HMO seeking in excess of $22 Million for alleged accounting malpractice and securities violations; all claims dismissed with prejudice, affirmed on appeal.

• Fortune Funding, LLC v. Ceridian Corp., 368 F.3d 985 (8^th Cir 2004). Lead trial and appeal counsel for defendant in action by office building owner and mortgagee claiming over $44 Million in damages as a result of breach of contract and fraud in sales/leaseback transaction. Partial summary judgment for defendant on contract and related claims; jury verdict for defendant on all fraud claims.

• Enervations v. 3M, 380 F.3d 1066 (8^th Cir. 2004). Lead counsel for 3M in action by former distributor of film products alleging wrongful termination and various business torts; all claims dismissed with prejudice.

• Guy v. Cockrell, 343 F.3d 348 (5th Cir. 2003). Lead counsel for Texas death row inmate in federal habeas proceeding; following trial, writ of habeas granted and death sentence vacated. Subject of "Investigative Reports" documentary on The Arts and Entertainment Network.