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Joel A. Mintzer


Experience

  • Focuses on complex litigation, often involving multijurisdictional, class action, and bankruptcy issues.
  • Handles cases in employment, health care litigation, ERISA, and products liability litigation.

Outside Experience

  • Law Clerk to the Honorable Harold D. Vietor, U.S. District Court, Southern District of Iowa

Selected Results*

In re Imagitas, Inc. DPPA Litigation:  Defended government contractor in ten state class actions alleging that the insertion of advertising into motor vehicle registration mailings violated the federal Drivers' Privacy Protection Act, and subjected the contractor to $2,500 in statutory damages per person.  Transferred all cases to a single court for pretrial coordination.  The district court then granted summary judgment in a test case, which the Court of Appeals affirmed. 

Omnicare, Inc. v. UnitedHealth Group, Inc.:  Represented defendants UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged price-fixing and fraud related to prescription drug reimbursement under the federal Medicare Part D program.  Plaintiff Omnicare sought damages exceeding $1 billion and permanent injunctive relief.  After the summary-judgment motion was argued in August 2008, the U.S. District Court granted summary judgment to defendants on all claims in January 2009.  Published decision:  Omnicare, Inc. v. UnitedHealth Group, Inc., 594 F. Supp. 2d 945 (N.D. Ill. 2009).  Summary judgment was subsequently affirmed. Omnicare, Inc. v. UnitedHealth Group, Inc., 629 F.3d 697 (7th Cir. 2011).

Best Buy v. Developers Diversified Realty:  On behalf of retailer, sued landlords in 12 states affiliated with a national shopping center developer alleging that the landlords could not charge "insurance" expenses that were not paid to commercial insurance companies.  Summary judgment was granted in favor of the retailer. 

Hall v. Best Buy:  Defended retailer in a class action alleging age discrimination during the course of a reduction-in-force.  Case settled prior to rulings on retailer's summary judgment motions. 

ValueMax Litigation:  Defended Pitney Bowes Credit Corporation in multiple class action lawsuits alleging that a contractual risk-of-loss provision constitutes insurance.  Obtained summary judgment in two cases. One RICO class action was dismissed for failure to prove "intent," which was affirmed on appeal. Chris Albritton Construction Co. v. Pitney Bowes Credit Corp., 304 F.2d 527 (5th Cir. 2002).

In re Blue Cross and Blue Shield Subscriber Litigation:  Defended Blue Cross in class action lawsuit by subscribers who claim entitlement to Blue Cross' tobacco litigation settlement.

In re Recomm Int'l Display Ltd. Contract Litigation:  Defended leasing company from nearly 50 class action and multi-plaintiff lawsuits alleging RICO, securities claims, and fraud. Resolved most claims through another party's bankruptcy.

Daggett Truck Lines v. Blue Cross:  Defended Blue Cross in ERISA class action alleging a failure to share negotiated provider savings.  Plaintiffs voluntarily dismissed claims after discovery but before class certification.

In re Managed Care Litigation:  Defended heath insurers  in RICO class actions lawsuits alleging improper use of medical necessity definition and failure to properly pay physicians.

* Past results are reported to provide the reader with an indication of the type of litigation in which we practice and does not and should not be construed to create an expectation of result in any other case as all cases are dependent upon their own unique fact situation and applicable law.

Bar Admissions

  • Illinois
  • Iowa
  • Minnesota
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, First Circuit
  • U.S. District Court, Minnesota
  • U.S. District Court, Southern District of Iowa

Education

  • Columbia University School of Law, J.D. (1989)
  • University of Iowa, B.A. with highest distinction and with honors in Economics and Political Science (1986)

Articles

Selected Speeches

  • Complex Litigation Seminar
    Guest Lecturer, University of St. Thomas Law School, Minneapolis, Minnesota (April 18, 2012 and March 14, 2012)
  • Putting Class into Class Actions: The Ethics of Class Representation
    Minnesota CLE, Webcast (April 18, 2012)
  • Putting the Business Back in Business Litigation: Understanding the Intersection Between Business and Litigation
    Minnesota CLE (June 7, 2011)
  • New Law: Putting up with Dukes — Class Action Fights that Remain After Dukes v. Wal-Mart
    Minnesota CLE, Webcast (September 27, 2011)
  • Where's the Action?: The Interplay of Federal and State Class Litigation
    Minnesota CLE, Webcast (August 10, 2011)
  • Dealing with Practical Class Issues: Competing Class Actions, Trial and Attorneys Fees
    Hennepin County Bar Association, Minneapolis, MN (May 17, 2011)
  • Defending Depositions in Complex Litigation
    Minnesota CLE, Minneapolis, Minnesota (November 10, 2010)
  • Best Buy v. DDR - The Strategy, Outcome and Impact (Webinar)
    NRTA (July 1, 2010)
  • Purposeful Written Discovery: Taking the Offensive (Panel Discussion)
    Minnesota CLE's First Litigation Advocacy Institute, Winning Before Trial, Minneapolis, Minnesota (June 4, 2009)
  • Ethical Issues in Motion Practice Issues
    Minnesota Association for Justice, Minneapolis, Minnesota (December 18, 2008)
  • RICO and ERISA vs. HMOs: the Industry's Greatest Challenge?
    Minnesota Institute of Legal Education (May 16, 2000)