In re Workers' Compensation Refund Litigation

Represented casualty insurers who filed suit in federal court against the State of Minnesota to contest the legislative taking of excess workers’ compensation reinsurance premium payments. Serving as lead counsel, we obtained a summary judgment ruling on the basis that the action of the Minnesota Legislature violated the contract impairment clause of the Constitution of the United States. 842 F.Supp. 1211 (D. Minn. 1994).  We then obtained an affirmance in the Court of Appeals for the Eighth Circuit. 46 F.3d 813 (8th Cir. 1995). The prosecution of this case resulted in the refund of $700 million in excess premiums to the insurers.