Joel A. Mintzer
Experience
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.
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
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Class Action Certification and the Anti-Injunction Act
Robins, Kaplan, Miller & Ciresi L.L.P. LAWx
(July 5, 2011)
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Not So Fast: Recent Challenges to Efficiency and Finality in Class Actions
Robins, Kaplan, Miller & Ciresi L.L.P. Antitrust Bulletin
(Winter 2011)
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Effect of Drafting Errors in ERISA Plans
Robins, Kaplan, Miller & Ciresi L.L.P. LAWx
(September 29, 2010)
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Interpretation of Arbitration Clauses in Putative Class Actions
Robins, Kaplan, Miller & Ciresi L.L.P. LAWx
(September 15, 2010)
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Using Craft To Kill A $50B Class Action
Law360
(June 11, 2010)
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Deference for Post-Mistake Administrator Interpretations of ERISA Plans
Robins, Kaplan, Miller & Ciresi L.L.P. LAWx
(May 10, 2010)
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Enhanced Attorney’s Fees Under Federal Fee Shifting Statutes
Robins, Kaplan, Miller & Ciresi L.L.P. LAWx
(April 26, 2010)
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Conflicting Treatment of Conflicts Between Insurance Plan and Plan Summaries
Robins, Kaplan, Miller & Ciresi L.L.P. LAWx
(April 20, 2010)
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ERISA Preemption and Rate of Payment Disputes After Davila
Robins, Kaplan, Miller & Ciresi L.L.P. LAWx
(February 23, 2010)
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Plan Duties Under ERISA’s Exhaustion Requirement
Robins, Kaplan, Miller & Ciresi L.L.P. LAWx
(February 2, 2010)
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Mass Actions: An Alternative for Mass Torts
Minnesota Trial Lawyer (Summer 1997) (co-authored)
Selected Speeches
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Complex Litigation Seminar
Guest Lecturer, University of St. Thomas Law School, Minneapolis, Minnesota
(April 18, 2012 and March 14, 2012)
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Putting Class into Class Actions: The Ethics of Class Representation
Minnesota CLE, Webcast
(April 18, 2012)
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Putting the Business Back in Business Litigation: Understanding the Intersection Between Business and Litigation
Minnesota CLE
(June 7, 2011)
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New Law: Putting up with Dukes — Class Action Fights that Remain After Dukes v. Wal-Mart
Minnesota CLE, Webcast
(September 27, 2011)
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Where's the Action?: The Interplay of Federal and State Class Litigation
Minnesota CLE, Webcast
(August 10, 2011)
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Dealing with Practical Class Issues: Competing Class Actions, Trial and Attorneys Fees
Hennepin County Bar Association, Minneapolis, MN
(May 17, 2011)
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Defending Depositions in Complex Litigation
Minnesota CLE, Minneapolis, Minnesota
(November 10, 2010)
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Best Buy v. DDR - The Strategy, Outcome and Impact (Webinar)
NRTA
(July 1, 2010)
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Purposeful Written Discovery: Taking the Offensive (Panel Discussion)
Minnesota CLE's First Litigation Advocacy Institute, Winning Before Trial, Minneapolis, Minnesota
(June 4, 2009)
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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)