Charlie is a principal at Gray Plant Mooty. His practice includes a wide array of complex business litigation, closely held and family-owned business disputes, and product liability cases.
Experience
- Represented both the seller and buyer in disputes over representations and warranties in asset purchase and stock agreements
- Represented majority and minority owners in closely held and family-owned businesses in disputes regarding governance, fiduciary duties, and valuations
- Represented numerous manufacturers against claims of products liability, personal injury and wrongful death, including cases involving tires, fuel hoses, wheel rims, acetylene torches, folding tables, and agricultural equipment
- Represented businesses and individuals in matters involving securities, real estate, and professional malpractice
- Protected the rights of creditors by obtaining replevin, temporary restraining, prejudgment garnishment, and preliminary attachment orders
- Represented businesses in claims for breach of contract, promissory estoppel, and unjust enrichment regarding the provision of services and sale of goods
- Represented clients in fraudulent transfers and constructive trust claims
- Involved in numerous appellate cases in the Minnesota Court of Appeals and Minnesota Supreme Court, as well as appeals in various U.S. Courts of Appeal
- Presents client seminars on effective oral and written communication focused on limiting exposure to litigation
Representative Cases
- Obtained summary judgment on behalf of property developer and service provider dismissing claims for breach of contract, promissory estoppel, unjust enrichment, and joint venture. The court adopted the client’s position that any liability rests with the owner of the property, and not the developer/service provider. The decision was affirmed by the Minnesota Court of Appeals in Horizon Engineering Services Company v. Lakes Entertainment, Inc., et al., Case No. A10-1682 (Minn. Ct. App. June 13, 2011).
- Represented buyer of a product line in an action seeking damages and rescission of a contract when the product failed when put into service. After moving to exclude the defendant’s expert and opposing the motion for summary judgment, the client was able to reach a significant settlement.
- Represented two of three owners in agricultural-related construction company; successfully opposed motion for temporary restraining order and receiver
- Represented owners of web-based business in obtaining temporary restraining order against former employee and shareholder who was competing; favorably resolved matter related to attempt to unwind client’s purchase of former shareholder’s stock
- Represented widow seeking full compensation for redemption of her husband’s stock in closely held corporation; amount obtained for client was 70% more than initially offered
- Represented part owner of distribution company in four-day arbitration involving claims by other owners of conversion and other wrongful conduct; arbitration award in favor of client was four times last settlement offer
- Represented majority owner of construction company against claims by a minority owner of conflict-of-interest transactions and breach of fiduciary duties; successfully opposed motion for temporary restraining order and receivership
- Federal Beef Processors, Inc., et al. v. Royal Indemnity Company, et al., United States District Court, District of South Dakota, File No. 04-5005-KES. Represented Bankruptcy Trustee in claim against insurance companies for fire damage and bad faith
- United Properties Investment LLC v. Richfield Motors, Inc. et al., Nos. A09-1995 and A09-2051, 2010 Minn. App. Unpub. LEXIS 871 (Minn. Ct. App. Aug. 24, 2010). Successfully appealed and vacated judgment against clients related to personal guaranty of real estate lease
- Arabian Agricultural Services, Inc. v. Chief Industries, Inc., 309 F.3d 479 (8th Cir. 2002). Successfully represented an agricultural business through trial and appeal of a claim seeking property damage and lost profits from the manufacturer of grain silos after the silos collapsed
- Ford Credit Company v. Wintz Companies, 184 F.3d 778 (8th Cir. 1999). Represented a large automobile financing company through trial and appeal regarding the replevin of a fleet of trucks and obtaining of a deficiency judgment
Presentations
- “Effective Depositions,” Minnesota Continuing Legal Education Seminar, presenter, February 22, 2011
- "Counseling to Family/Closely Held Business: Can't We All Just Get Along," Minnesota Family Business Awards Seminar, May 7, 2009
Education
- University of Michigan Law School, J.D., cum laude, 1992
- University of Wisconsin-Madison, B.S., with distinction, 1989
- Phi Beta Kappa
Bar Admissions
Professional Activities
- American Bar Association
- Minnesota State Bar Association, Appellate Council
- Wisconsin Bar Association
- Hennepin County Bar Association
Community Involvement
- Woodbury Athletic Association, Youth football, soccer and baseball coach
- Woodbury United Methodist Church, current Trustee, past Leadership Counsel
- Evergreen Homeowner’s Association (Woodbury), past president