Representative cases in each of Mr. Safranski’s practice areas include:

Antitrust and Trade Regulation and Unfair Competition

In re Wholesale Grocery Products Antitrust Litig., 2018 WL 3862773 (D. Minn. Aug. 14, 2018), aff’d, 946 F.3d 995 (8th Cir. 2019): Served as lead defense counsel representing grocery wholesaler Supervalu Inc. in consolidated federal antitrust actions on behalf of a putative multi-state class of grocery retailers seeking $1 billion in damages. The litigation challenged an asset exchange transaction between Supervalu and a competing wholesaler, and in a related Federal Trade Commission investigation regarding the asset exchange transaction. Persuaded the FTC to close its investigation without action, and it obtained a ruling excluding plaintiff’s economics expert under Daubert and granting summary judgment. 2018 WL 3862773 (D. Minn. Aug. 14, 2018). Also represented Supervalu in nine separate appeals and a petition for certiorari over the course of the decade-long litigation, culminating in a reported decision affirming the exclusion of the plaintiff’s economics expert under Daubert and summary judgment in Supervalu’s favor. 946 F.3d 995 (8th Cir. 2019).

Insulate SB, Inc. v. Advanced Finishing Systems, Inc., 2014 U.S. Dist. LEXIS 31188 (D. Minn. Mar. 11, 2014), aff’d, 797 F.3d 538 (8th Cir. 2015): Served as lead defense counsel representing fluid-handling equipment manufacturer Graco Inc. in putative nationwide antitrust class action alleging unlawful business acquisitions and boycott, exclusive-dealing, and monopolization conspiracies involving the sale and distribution of spray foam insulation equipment. Obtained the dismissal of all claims with prejudice, 2014 U.S. Dist. LEXIS 31188 (D. Minn. Mar. 11, 2014), and represented Graco in the appeal, where the judgment was affirmed in a published decision applying the U.S. Supreme Court’s Colgate doctrine to unilaterally imposed exclusive-dealing policies. 797 F.3d 538 (8th Cir. 2015).

In re Farm-Raised Salmon & Salmon Prods. Antitrust Litigation: As lead defense counsel for a Norwegian salmon sales and distribution company, reached global cost-of-defense settlement, resolving a series of putative nationwide class actions alleging a global price-fixing conspiracy among sellers of Norwegian farmed Atlantic salmon.

Omnicare, Inc. v. UnitedHealth Group, Inc.,594 F. Supp. 2d 945 (N.D. Ill. 2009), aff’d, 629 F.3d 697 (7th Cir. 2011): Served as lead defense counsel representing prominent health insurers UnitedHealth Group, Inc. and PacifiCare, Inc. in an antitrust lawsuit involving alleged merger “gun-jumping,” 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. Obtained summary judgment dismissing all claims with prejudice, which was subsequently affirmed on appeal.

Mooney v. Priceline.com Incorporated et al. (D. Minn): Served as lead defense counsel representing Carlson Hotels, Inc. and Radisson Hotels International, Inc. in an antitrust lawsuit alleging price-fixing in online hotel reservations. The case was voluntarily dismissed.

Maritz Inc. v. Carlson Marketing Group, Inc., 2009 WL 3561521 (N.D. Cal. Oct. 30, 2009): Defended Carlson Marketing Worldwide against a competitor’s tortious interference with contract action. Obtained judgment on the pleadings, dismissing the lawsuit with prejudice.

False Advertising and Consumer Protection Class Action Defense

Yoakum, et al. v. Genuine Parts Company, et al. (W.D. Mo.): Serving as lead defense counsel, reached a favorable global settlement resolving a nationwide consumer class action against Genuine Parts Company (commonly known as NAPA Auto Parts). Plaintiffs challenged the labeling and marketing of various economy brands of tractor hydraulic fluid, which defendants were marketing for use in older tractors and other agricultural equipment.

Zuchowski v. SFC Global Supply Chain, Inc. (S.D. NY): Obtained a Rule 12(b)(6) dismissal of a putative nationwide false advertising class action against global food manufacturer SFC Global Supply Chain Inc. (“Schwan’s”). Plaintiffs sought millions in class-wide damages based on alleged false and misleading labeling and marketing of Schwan’s Red Baron pizzas with the use of “preservative-free crust” and “no artificial flavors.”

Jackson v. SFC Global Supply Chain, Inc. (S.D. Ill.): Represented global food manufacturer SFC Global Supply Chain, Inc., in a putative false-advertising class action challenging the labeling of Red Baron pizzas. After most of the damages claims were dismissed under Rule 12(b)(6), achieved a confidential settlement and stipulated dismissal.

Howerton v. Cargill, Inc. (D. Haw.): Represented global food and agriculture company Cargill, Incorporated in consolidated nationwide class action lawsuits challenging the “natural” marketing and labeling of its Truvia® Natural Sweetener tabletop sugar alternative. The matter was resolved in a nationwide class action settlement, in which Cargill agreed to provide additional information about the process for making Truvia Natural Sweetener and why it is natural and expressly permits Cargill to continue label and market its product as a natural sweetener, which was granted final approval by the U.S. District Court for the District of Hawaii. This was the first settlement in the “natural” litigation space where the product was allowed to still have the “natural” label.

Alleruzo v. SuperValu, Inc. (D. Minn): Along with co-counsel, represented Supervalu Inc. in a consolidated putative class action relating to data hacking incidents in June and July 2014, and September 2014, which allegedly compromised customer data collected in credit card transactions at several retail grocery chains. The litigation was dismissed and the Eighth Circuit affirmed. 925 F.3d 955 (8th Cir. May 31, 2019).

Jocelyn v. Enzymatic Therapy, LLC (E.D. NY): Represented a dietary supplements manufacturer in a putative nationwide class action challenging substantiation of health-related claims in dietary supplement products. Achieved a confidential settlement and stipulated dismissal after moving to dismiss and before discovery.

Ferrari v. Best Buy Co., Inc., 2015 WL 2242128 (D. Minn. May 12, 2015): Successfully defended Best Buy in putative nationwide false-advertising lawsuit over marketing of “LED” televisions. After obtaining a ruling dismissing nearly all of Plaintiff’s claims for lack of standing, the case was voluntarily dismissed.

Best Buy Stores, L.P. v. Ultimate Acquisition Partners, L.P. (D. Minn.): Represented Best Buy in false advertising lawsuit against Ultimate Electronics, based on Ultimate’s “lowest prices” advertising campaign. The case resolved when Ultimate agreed to withdraw the challenged advertisements.

Appellate Advocacy and Guidance

In re Wholesale Grocery Products Antitrust Litig.: Served as lead appellate counsel for Supervalu Inc. in nine separate appeals and one petition for certiorari to the Supreme Court stemming from multidistrict litigation proceedings in putative antitrust class actions alleging an unlawful market allocation seeking $1 billion in damages. In the final appeal, obtained the Eighth Circuit’s affirmance of an order excluding the plaintiffs’ economics expert under Daubert and granting summary judgment in Supervalu’s favor. 946 F.3d 995 (8th Cir. 2019).

Insulate SB, Inc. v. Advanced Finishing Systems, Inc.: Served as lead appellate counsel for fluid-handling equipment manufacturer Graco Inc. in an appeal from judgment in Graco’s favor in a putative nationwide antitrust class action alleging unlawful business acquisitions and boycott, exclusive-dealing, and monopolization conspiracies involving the sale and distribution of spray foam insulation equipment. In the published decision upholding the dismissal of all claims against Graco, the Eighth Circuit applied the U.S. Supreme Court’s Colgate doctrine to unilaterally imposed exclusive-dealing policies. 797 F.3d 538 (8th Cir. 2015).

Alleruzo v. SuperValu, Inc.: Along with co-counsel, represented Supervalu Inc. in an appeal from the dismissal of a consolidated putative class action relating to data hacking incidents in June and July 2014, and September 2014, which allegedly compromised customer data collected in credit card transactions at several retail grocery chains. The Eighth Circuit affirmed the dismissal in all respects. 925 F.3d 955 (8th Cir. May 31, 2019).

Voyageur Outward Bound School et al. v. United States of America (D.D.C.): Serving as lead appellate counsel to Friends of the Boundary Waters Wilderness in an Administrative Procedure Act challenge to the United States Bureau of Land Management’s reinstatement of two copper-nickel mining leases along the edge of the Boundary Waters Canoe Area Wilderness. The revival of these mining leases will allow exploration and development of a sulfide-ore copper-nickel mine that threatens to discharge sulfuric acid and other harmful substances and contaminate the Boundary Waters’ lakes and rivers.

Cable, Telecommunications, and Media Law

Time Warner Cable, Inc. v. City of Minneapolis, 2006 WL 1579941 (D. Minn. June 2, 2006): On behalf of franchised cable television provider, obtained permanent injunction against municipal administrative proceedings seeking $100 million in penalties.

Dr. R.C. Samanta Roy Inst. of Sci. & Tech. v. Star Tribune Co., No. 05-cv-735 PAM/RLE, 2005 WL 1661514 (D. Minn. July 15, 2005): Defended television news station against defamation and civil rights conspiracy claims. Obtained dismissal of all claims.

Qwest Corp. v. Scott, 380 F.3d 367 (8th Cir. 2004): On behalf of competitive local exchange carrier, obtained reversal of permanent injunction against enforcement of Minnesota Public Utilities Commission order regulating special access services.

Complex Commercial and Business Litigation

Hansen v. Lipschultz, (Minn. Dist. Ct.): Representing a putative class of employee-shareholders of Bremer Financial Corporation in litigation seeking to block a hostile-takeover attempt to sell the bank.

IBEW Local 98 Pension Fund v. Best Buy Co., 818 F.3d 775 (8th Cir. 2016): Represented Best Buy in securities-fraud class action. Obtained reversal of class certification in interlocutory appeal, based on evidence that alleged fraudulent statements had no impact on the stock price—in first appellate decision to apply the Halliburton II standard for rebutting the fraud-on-the-market presumption at the class-certification stage.

Katun Corp. v. Clarke, 484 F.3d 972 (8th Cir. 2007): Represented company in action to enforce settlement agreement and indemnification provisions under stock purchase agreement.

Innovative Medical Systems, Inc. v. Augustine Medical, 195 Fed. Appx. 532 (8th Cir. 2006): On behalf of medical device manufacturer, defended appeal from the dismissal of treble damages claims under the Racketeer Influenced and Corrupt Organizations Act.

Mirant Corp. v. NRG Energy Inc. (Del. Ch.): Defended NRG Energy Inc. in a high-profile lawsuit by Mirant Corp. involving NRG’s rejection of Mirant’s $8 billion unsolicited takeover bid. The case was dismissed upon NRG’s motion.

Intellectual Property

Israel Bio-Engineering Project v. Amgen, Inc., 401 F.3d 1299 (Fed. Cir. 2005): Represented plaintiff in appeal from summary judgment in patent infringement law suit.

Ecolab, Inc. v. FMC Corporation (D. Minn. 2007): Represented Ecolab, Inc. in a patent and trade secret lawsuit before Chief Judge James M. Rosenbaum. We obtained a jury verdict of patent infringement, as well as a damages verdict that FMC misappropriated Ecolab’s trade secret protocol for online processing and sanitization of poultry carcasses.

Rotary Systems, Inc. v. TomoTherapy Inc., 2014 Minn. App. Unpub. LEXIS 1301 (Minn. Ct. App. Dec. 22, 2014), rev. denied (2015).: Acting as appellate counsel, obtained the reversal of summary judgment of a claim under the Minnesota Uniform Trade Secrets Act involving a rotary union that was used in radiation-therapy systems. The Court of Appeals reversed summary judgment that the Rotary Systems design was not a trade secret, finding that genuine issues of fact required a trial on whether Rotary Systems made reasonable efforts to preserve the secrecy of its designs.

Pro Bono

Voyageur Outward Bound School et al. v. United States of America (D.D.C.): Serving as lead appellate counsel to Friends of the Boundary Waters Wilderness in an Administrative Procedure Act challenge to the United States Bureau of Land Management’s reinstatement of two copper-nickel mining leases along the edge of the Boundary Waters Canoe Area Wilderness. The revival of these mining leases will allow exploration and development of a sulfide-ore copper-nickel mine that threatens to discharge sulfuric acid and other harmful substances and contaminate the Boundary Waters’ lakes and rivers.

 

* 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.

• Friends of the Boundary Waters Wilderness, Board Member
• Southern Minnesota Regional Legal Services, Campaign for Legal Aid Board Member
• University of Minnesota Law School Board of Advisors