Rick is a principal at Gray Plant Mooty and practices in the areas of environmental and land use law, insurance and risk management and real estate litigation. His areas of expertise include Brownfield redevelopment and identifying and evaluating potential environmental hazards associated with business and property transactions, commercial mortgage foreclosure, eminent domain, federal and state Superfund administrative proceedings and litigation, and underground storage tank issues. Rick also regularly advises policyholders regarding a broad range of insurance issues, and represents them in pursuing claims against their carriers.
Experience
- Conducts environmental due diligence, seeks liability assurance letters and assists in preparation and obtaining approval of environmental response action plans for numerous Brownfield properties, including former pole treating facilities, rail yards, industrial manufacturing facilities, and landfills/open dump sites
- Represents business and institutional clients in administrative proceedings and litigation arising from Superfund, underground storage tank, hazardous waste, and industrial storm water discharge issues
- Assists lender clients in seeking appointment of receivers and foreclosing by action on mortgage liens involving office, retail, multiunit residential, and other commercial properties
- Successfully represented business clients in recovery of millions of dollars from liability and property insurers
Representative Cases
- University of Minnesota v. Union Pacific Railroad Co. et al., File No. 11-cv-56 (D. Minn.)
- Chicago Title Ins. Co. v. Midland Title Ins. Co., et al., File No. 27-cv-09-3 (Minn. Dist. Ct., Fourth Jud. Dist.)
- United Nat’l Ins. Co. v. Gunderson, Inc., et al., 2010 WL 1924453; 2010 U.S. Dist. LEXIS 46914
- Bank of the West v. Sexton Lofts, LLC, et al., File No. 27-cv-07-17067 (Minn. Dist. Ct., Fourth Jud. Dist.)
- Sun Life Assur. Co. of Can. v. Paulson, et al., 2008 WL 5120953 and 2008 WL 451054; 2008 U.S. Dist. LEXIS 99633
- Teachers Ins. and Annuity Ass’n of America v. Mall of America Assocs., 2006 WL 1888491; 2006 U.S. Dist. LEXIS 56364
- Teachers Ins. and Annuity Ass’n of America v. BGD5 Limited Partnership, et al., 2004 WL 1941529 (Minn. Dist. Ct., Third Jud. Dist., July 28, 2004)
- State of Minn. v. Kalman W. Abrams, et al., 155 F. 3d 1019 (8th Cir. 1998)
- ABB Indust. Systems, Inc. v. Prime Technology, Inc. et al., 120 F. 3d 351 (2d Cir. 1997)
- Fairview Hospitals & Heath Care Services v. St. Paul Fire & Marine Ins. Co., 535 N.W.2d 337 (Minn. 1995)
- Anderson v. Minnesota Ins. Guaranty Ass’n, et al., 520 N.W.2d (Minn. 1995)
Presentations
- “Responding to Government Investigations: A Practical Anatomy,” panelist, GPM White Collar Roundtable, October 30, 2012
- “Insurance Coverage for Emerging Intellectual Property Claims,” GPM and AON Risk Solutions, November 17, 2011
- “Insurance Coverage for Social Media Risks, Should You Give a Tweet?,” Insurance Coverage Litigation Committee CLE Seminar, March 2011
- “’Turn Out the Lights, the Party’s Over’: Mortgage Foreclosure Issues and Options,” Real Estate Institute, November 2009
- “Distressed Commercial Real Estate 2009,” Minnesota State Bar Association, May 2009
- “The Next Wave of Environmental Enforcement: Intrusion of Toxic Vapors into Indoor Air,” GPM and Geomatrix Consultants, Inc., February 7, 2006
Education
- University of Iowa College of Law, J.D., with distinction, 1987
- University of Northern Iowa, undergraduate degree, 1984
Bar Admissions
- Minnesota State and Federal District Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Eighth Circuit
Professional Activities
- Minnesota State Bar Association
- Hennepin County Bar Association