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John Borger's litigation practice includes product liability, personal injury, intellectual property, insurance coverage, media law and appellate advocacy. He has participated in cases at all levels of the judicial system, from conciliation court to the United States Supreme Court.
John represents a prominent pharmaceutical corporation in national mass tort product liability litigation involving hormone replacement products. He represented many defendants in asbestos mass tort litigation in Minnesota, North Dakota and South Dakota. He was appointed by the court as chair of the state-wide joint plaintiff-defendant Committee for Asbestos Litigation Management in Minnesota.
Significant reported cases include:
United States Supreme Court
Cohen v. Cowles Media Company, 501 U.S. 663 (1991). Enforceability of promise of confidentiality between reporter and source; federal question; First Amendment
Frank v. Minnesota Newspaper Association Inc., 490 U.S. 225 (1989) (amicus curiae). Postal regulations limiting news reports of lottery results; mootness.
Minneapolis Star & Tribune v. Minnesota Commissioner of Revenue, 460 U.S. 575 (1983). Special use tax on newsprint and ink violated First Amendment.
United States Courts of Appeal
Faegre & Benson LLP v. Purdy, 129 Fed. App. 323 (8th Cir. 2005) (unpublished). Preliminary injunction against cybersquatter.
Kennedy Building Assn. v. Viacom, Inc., 375 F.3d 731 (8th Cir. 2004), appeal after remand, 476 F.3d 530 (8th Cir,. 2007). Environmental law; punitive damages; attorney fees
Minnesota Lawyers Mutual Ins. Co. & Subsidiaries v. Commissioner of Revenue, 285 F.3d 1086 (8th Cir. 2002). Interpretation of tax regulation.
Michaelis v. CBS Inc., 119 F.3d 697, 25 Media L. Rptr. 1953 (8th Cir. 1997), reh. denied. Defamation; defamatory language; substantial truth; fair report privilege; public official status; libel by implication. Summary judgment for defendant affirmed in part and reversed in part.
Janklow v. Newsweek, Inc., 788 F.2d 1300 (8th Cir. 1986) (en banc) (for amici curiae). Opinion privilege. Summary judgment for defendant affirmed
Schuster v. U.S. News & World Report, Inc., 459 F. Supp. 973 (D. Minn. 1978), aff 'd, 602 F.2d 850 (8th Cir. 1979). Defamation; group libel; fair report privilege; standards for summary judgment. Summary judgment for defendants affirmed.
Wild v. St. Paul Cos., 612 F.2d 341 (8th Cir. 1979). Defamation/civil rights claim. Summary judgment for defendants affirmed.
United States District Courts
American Broadcasting Companies Inc. v. Ritchie, 2008 U.S. Dist. LEXIS 83909, 36 Media L. Rep. 2601 (D. Minn. October 15, 2008) (granting preliminary injunction against enforcement of state statute that restricting exit polling activities on election day within 100 feet of polling places)
Faegre & Benson, LLP v. Purdy, 447 F. Supp. 2d 1008 (D. Minn. 2006). Permanent injunction granted against cybersquatter.
In re Prempro Products Liability Litigation, (Etta Morton), 2006 WL 3075552 (E.D. Ark. 2006). Statute of limitations; claims of fraud and fraudulent concealment.
In re Prempro Products Liability Litigation, (Voncile Jackson), 2006 WL 3075633 (E.D. Ark. 2006). Statute of limitation; claims of fraud and fraudulent concealment; relation-back of amended pleadings; appropriate defendants.
Dr. R.C. Samanta Roy Institute of Science and Technology v. The Star Tribune Co., 2005 WL 1661514 (D. Minn 2005), aff'd, 201 Fed. Appx. 382 (8th Cir. 2006). Civil rights; defamation.
Faegre & Benson LLP v. Purdy, 367 F.Supp 2d 1238 (D.Minn 2005). Sanction for cybersquatting defendant's violation of preliminary injunction.
Sieverding v. Faegre & Benson LLP, 2005 WL 143 1577 (D.Minn 2005). Injunction against repetitive litigation.
Savior v. McGuire, 2002 WL 1906023 (D. Minn. 2002). Granted motion to dismiss claim by political candidate complaining about lack of newspaper coverage.
Grow Biz Intern., Inc. v. MNO, Inc., 2002 WL 113849 (D.Minn 2002). Venue; trademarks; franchise agreement.
Berglund v. City of Maplewood, 173 F.Supp 2d 935 (D.Minn 2001). Civil rights.
Johnson v. CBS Inc., 10 F. Supp 2d 1071 (D. Minn. 1998). Defamation; libel by implication; partial summary judgment granted.
Stokes v. CBS, Inc.,25 F.Supp 2d 992 (D. Minn 1998). Defamation; actual malice.
Aequitron Medical, Inc. v. CBS Inc., 964 F. Supp. 704, 25 Media L. Rptr. 1897 (S.D.N.Y. 1997). Defamation; tortious interference; and deceptive trade practices. Summary judgment granted to defendant because statements in broadcast were substantially true and were not published with actual malice.
Johnson v. CBS Inc., 1996 WL 907735 (D. Minn. 1996). Discovery; journalists' privilege.
Barge v. Knight-Ridder Corp., 25 Media L. Rptr. 1658 (D. Minn. 1996). Defamation; privacy; RICO; service of process; personal jurisdiction. Defendants' motion to dismiss granted.
Aequitron Medical Inc. v. CBS Inc., 24 Media L. Rptr. 1025 (S.D.N.Y. 1995). Discovery. Qualified privilege for non-broadcast information applied in civil action against news organization, but was overcome under particular circumstances.
Aequitron Medical Inc. v. CBS Inc., 23 Media L. Rptr. 1631 (S.D.N.Y. 1994). Civil procedure; amendments to complaint. Plaintiff 's motion to amend complaint, to reassert claims dismissed for lack of personal jurisdiction, denied because such claims would be barred by statute of limitations and amendment would be futile.
Aequitron Medical Inc. v. CBS Inc., 22 Media L. Rptr. 1622 (S.D.N.Y. 1994). Transfer of actions; law of the case; choice of law; personal jurisdiction; tortious interference with contract; deceptive trade practices. Motion to dismiss complaint denied.
Conroy v. Kilzer, 789 F. Supp. 1457 (D. Minn. 1992). Libel by implication; fair report privilege; intentional infliction of emotional distress. Partial summary judgment granted for defendants.
Matthews v. Celotex Corp., 569 F. Supp. 1539 (D.N.D. 1983). Products liability; wrongful death; survival actions; statute of limitations. Defendants' motions for summary judgment granted in part and denied in part.
Hartman v. Associated Newspapers, 9 Media L. Rptr. 1699 (D. Minn. 1983). Defamation; pleadings. Complaint dismissed for failure to specify allegedly defamatory statements.
Bertrand v. Johns-Manville Sales Corp., 529 F. Supp. 539 (D. Minn. 1982). Products liability; collateral estoppel. Court denied plaintiff 's motion to estop defendants from asserting "state of the art" defense.
State Appellate Courts
Stengrim v. Middle-Snake-Tamarac Rivers Watershed District, 2009 Minn. App. Unpub. LEXIS 179 (Minn. Ct. App. February 19, 2009) (represented amicus ACLU-Minnesota) (holding that state anti-SLAPP statute applies to all civil lawsuits seeking damages, including actions based on alleged breach of contract and settlement agreements)
Arneson v. Nienaber (In re Skjervold), 742 N.W.2d 686 (Minn. Ct. App. December 24, 2007) (represented amici Star Tribune, Minnesota Broadcasters Association, Minnesota Joint Media Committee, and Minnesota Newspaper Association) (holding that under state shield law, prosecutor seeking unpublished information from a journalist must identify the particular "injustice" that could be prevented by disclosure of the journalist's information)
Peterson v. BASF Corp., 711 N.W.2d 470 (Minn. 2006)
Hy-Vee Food Stores, Inc. v. Minnesota Dept. of Health, 705 N.W.2d 181 (Minn. 2005) (for amici)
Star Tribune Company v. University of Minnesota Board of Regents, 683 N.W.2d 274 (Minn. 2004). Open meetings and open records relating to search process for University president.
Chafoulias v. Peterson, 668 N.W.2d 642 (Minn. 2003) (for amici). Public figure; actual malice.
Star Tribune v. Minnesota Twins Partnership, 659 N.W. 2d 287 (Minn. Ct. App. 2003). Access to litigation records possessed by public agency.
Weinberger v. Maplewood Review, 668 N.W.2d 667 (Minn. 2003) (for amici). Reporter's privilege; confidential sources.
Griffis v. Luban, 646 N.W.2d 527 (Minn. 2002). Long-arm jurisdiction for defamation on Internet.
Partch v. Hubbard Broadcasting, 29 Media L. Rptr. 1534 (Minn. App. 2001). Defamation; substantial truth.
Scott v. Ogden Newspapers, Inc., 30 Media L. Rptr. 1031 (Minn. Ct. App. 2001). Substantial truth; headlines.
Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231 (Minn. 1998) (for amici curiae) Invasion of privacy.
Special Force Ministries v. WCCO Television, 576 N.W.2d 746 (Minn. 1998). Right to directly appeal order denying motion to dismiss under state anti-SLAPP statute.
Special Force Ministries v. WCCO Television, 584 N.W.2d 789 (Minn. App. 1998). Newsgathering methods; defamation; trespass; fraud.
Anjoorian v. Minnesota Dept. of Public Safety, 1997 WL 527233 (Minn. Ct. App.) (unpublished), rev. denied (Minn. 1997). Defamation; fair report privilege; substantial truth; libel by implication. Summary judgment for defendant newspaper and reporters affirmed.
Bauer v. Gannett Co., Inc. (KARE 11), 557 N.W.2d 608, 25 Media L. Rptr. 1532 (Minn. Ct. App. 1997) (for amici curiae). Discovery; defamation; journalists' privilege. Order compelling disclosure of confidential sources reversed.
Benigni v. Cowles Media Co., 1997 WL 471178 (Minn. Ct. App.) (unpublished), rev. denied (Minn. 1997). Res judicata. Judgment on the pleadings for defendants affirmed.
Knaeble v. Cowles Media Co., 1997 WL 33021 (Minn. Ct. App.) 25 Media L. Rptr. 1860, rev. denied (Minn. 1997). Summary judgment affirmed based on substantial truth and non-actionable statements of opinion.
Derus v. Higgins, 555 N.W.2nd 515, 24 Media L. Rptr. 2521 (Minn. 1996). Election law; undue influence; fraud. Election challenge based upon erroneous material in newspaper dismissed for failure to state a justiciable claim.
Federal-Hoffman, Inc. v. Fackler, 549 N.W.2d 93 (Minn. Ct. App.), rev. denied (Minn. 1996). Personal jurisdiction; assertion of counterclaim as waiver of lack of personal jurisdiction; subject matter jurisdiction. Denial of defendant's motion to dismiss affirmed.
Richie v. Paramount Pictures Corp., 544 N.W.2d 21 (Minn. 1996), reversing Richie v. Paramount Pictures Corp., 532 N.W.2d 235 (Minn. Ct. App. 1995). Defamation; invasion of privacy; proof of actual injury to reputation as prerequisite to recovery of damages for emotional distress in defamation action; choice of law. Summary judgment for defendants reinstated.
Coyle v. City of Delano, 526 N.W.2d 205 (Minn. Ct. App. 1995) (for amicus curia). Public right of access to records of animal humane society. Petition for peremptory writ of mandamus to compel access granted.
Hunter v. Hartman, 24 Media L. Rptr. 1577 (Minn. Dist. Ct. 1995), affd., 545 N.W.2d 699, 24 Media L. Rptr. 2004 (Minn. Ct. App.), rev. denied (Minn. 1996). Defamation; public figure; substantial truth. Summary judgment for defendant affirmed.
Benigni v. Cowles Media Co., 22 Media L. Rptr. 2120 (Minn. Ct. App. 1994) (unpublished). Defamatory meaning. Summary judgment for defendants affirmed.
Marshall v. Egan, No. C6-94-1390 (Minn. Ct. App. 1994). Ex parte restraining orders; First Amendment; newsgathering; writ of prohibition. Pursuant to petition for writ of prohibition filed by members of the broadcast media, Court of Appeals on July 1, 1994, vacated restraining order issued under state "anti-stalking" statute that barred television reporter from videotaping complainant merchant or from asking her questions in public places.
Minneapolis Federation of Teachers v. Minneapolis Public Schools, 512 N.W.2d 107, 22 Media L. Rptr. 1398, 89 Ed. Law Rep. 261 (Minn. Ct. App. 1994). Standing; standards for injunctive relief; public records. Appellate court affirmed denial of teachers' union's request for injunction to prevent release of school disciplinary records to newspapers pursuant to Data Practices Act.
In re Quinn, 517 N.W.2d 895 (Minn. 1994), reversing In re Quinn, 517 N.W.2d 480 (Minn. Ct.App. 1993). Access to inactive law enforcement investigative files. Supreme Court reversed lower court orders requiring police to expunged records of rape investigation.
Star Tribune v. Board of Education, 507 N.W.2d 869 (Minn. Ct. App.), rev. denied (Minn. 1993). Extent of attorney-client privilege exception to open meeting law.
Star Tribune v. Bush, 20 Media L. Rptr. 2293 (Minn. Ct. App. 1993). Statutory right of access to hearings determining whether a juvenile will be referred for prosecution as an adult. Order denying access reversed.
Cohen v. Cowles Media Co., 445 N.W.2d 248 (Minn. Ct. App. 1989), reversed in part, affirmed in part, 457 N.W.2d 199 (Minn. 1990), reversed in part and remanded, 501 U.S. 663 (1991), decision on remand, 479 N.W.2d 387 (Minn. 1992). Enforceability of reporter's promise of confidentiality to source; contract; fraud; promissory estoppel; First Amendment. Following numerous decisions, compensatory damages award to plaintiff was affirmed, punitive damages award was reversed.
Lund v. Lund, 20 Media L. Rptr. 1775 (Minn. Ct. App. 1992), rev. denied (Minn.), request for stay denied (U.S. 1992) (Blackmun, Circuit Justice). Public access to court files; confidentiality agreements. Access to divorce court file granted.
In re Minnesota Personal Injury Asbestos Cases, 481 N.W.2d 24 (Minn. 1992). Consolidation of cases for trial; writ of prohibition. Minnesota v. Swart, 20 Media L. Rptr. 1703 (Minn. Ct. App. 1992). Access to court proceedings. Identities of jurors in criminal case determined to be public information.
Wisconsin ex rel. Cowles Media Co. v. Washburn County Circuit Court, 20 Media L. Rptr. 1744 (Wis. Ct. App. 1992). Access to preliminary hearing granted.
Allstate Ins. Co. v. Eagle-Picher Industries, Inc., 410 N.W.2d 324 (Minn. 1987). Workers compensation; indemnity; comparative fault. Certified questions answered.
Capan v. Daugherty, 402 N.W.2d 561 (Minn. Ct. App. 1987). Defamation; opinion privilege. Summary judgment for defendants affirmed.
Milbrandt v. American Legion Post of Mora, 354 N.W.2d 499 (Minn. Ct. App. 1984), affirmed, 372 N.W.2d 702 (Minn. 1985). Liquor liability; subrogation; intervention. Summary judgment for defendants affirmed.
DeCosse v. Armstrong Cork Co., 319 N.W.2d 45 (Minn. 1982). Products liability; wrongful death; statute of limitations; fraudulent concealment.
Minneapolis Star and Tribune Co. v. Commissioner of Revenue, 314 N.W.2d 201 (Minn. 1981). Taxation; First Amendment. Summary judgment for plaintiff newspaper company reversed (later reinstated following decision by United States Supreme Court).
Stuempges v. Parke, Davis & Co., 297 N.W.2d 252 (Minn. 1980). Defamation; qualified privilege for employment references. Jury award for plaintiff affirmed.
Eden Prairie Independent School Dist. 272 v. Auto-Owners Ins. Co., 279 N.W.2d 358 (Minn. 1979). Insurance coverage; "loading" school bus. Summary judgment for school district reversed.
Hammerschmidt v. Moore, 274 N.W.2d 79 (Minn. 1978). Liquor liability; notice of claim; third-party actions.
In re R.L.K., Jr. v. Minnesota, 269 N.W.2d 367 (Minn. 1978). Press permitted to attend juvenile proceedings.
Northwest Publications, Inc. v. Anderson, 259 N.W.2d 254 (Minn. 1977). Access granted to complaints and other court records in murder trials.
Minneapolis Star and Tribune Co. v. Housing and Redevelopment Authority, 251 N.W.2d 620 (Minn. 1976). Scope of attorney-client privilege as exception to state open meeting law.
State Trial Courts
Williams v. Heins Mills & Olson PLC, 36 Media L. Rep. 1924 (Minn. Dist. Ct. May 2, 2008) (represented limited-purpose intervenor Star Tribune) (granting public access to court files in fee dispute between lawyer and former law firm)
Friederichs v. Kinney & Lange, 22 Media L. Rptr. 2530 (Minn. Dist. Ct. 1994). Sealing of court file in civil action brought against law firm, including portion of complaint alleging defendants' unethical conduct, is not warranted.
Minnesota v. Ross, 22 Media L. Rptr. 2509 (Minn. Dist. Ct. 1994). Journalists' privilege; discovery. Subpoena to appear at criminal sentencing hearing quashed.
In re Grand Jury Subpoena, 21 Media L. Rptr. 1345 (Minn. Dist. Ct. 1993). Access to legislative phone records. Motion to compel access granted.
Minnesota v. Guevara, 21 Media L. Rptr. 1319 (Minn. Dist. Ct. 1993). Access to court proceedings. Prosecutor's request to close courtroom during testimony of minor children at murder trial denied.
Cowles Media Co. v. Itasca County, 20 Media L. Rptr. 1996 (Minn. Dist. Ct. 1992). Immediate access to arrest information.
Patten v. Minneapolis Star Tribune, 21 Media L. Rptr. 1385 (Minn. Dist. Ct. 1992). Defamation; substantial truth. Summary judgment granted to defendant.
Sirany v. Cowles Media Co., 20 Media L. Rptr. 1759 (Minn. Dist. Ct. 1992). Invasion of privacy; breach of contract. Summary judgment granted to newspaper defendant on plaintiff 's claims regarding alleged promise not to publish obituary of husband.
Clausnitzer v. Cowles Media Co., 18 Media L. Rptr. 1137 (Minn. Dist. Ct. 1990). Defamation; quotations; substantial truth; actual malice.
Gardebring v. Cowles Media Co., 16 Media L. Rptr. 1697 (Minn. Dist. Ct. 1989). Prior restraint. Court denied state's motion to prevent newspaper from publishing identities of deceased children and their families.
Des Moines Register and Tribune Co. v. Iowa Dept. of Revenue, 1985 WL 188551 (Iowa Dist. Ct. 1985). Taxation; First Amendment. Successful action to declare state tax on newsprint and ink unconstitutional and to obtain refund of taxes previously paid.
Paisley v. The Minneapolis Star and Tribune Company, No. 790256 (Minn. Dist. Ct. 1985). Defamation. Jury defense verdict based |
