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Richard Duncan has practiced in Faegre & Benson’s business litigation and regulatory litigation groups since 1988 and has been a partner since 1996. His practice focuses on environmental and commercial litigation, including antitrust litigation, and federal Indian law. Rick currently serves as chair of the Antitrust Section of the Minnesota State Bar Association, and he has been an adjunct professor of law at the University of Minnesota Law School. Some of the cases Rick has been involved in include: Antitrust and Trade Regulation Guidant Corp. acquisition of Cook Group Inc. Obtained FTC clearance under Hart-Scott-Rodino Act of $2.7 billion medical device manufacturers’ merger. (2002), Bemis Company, Inc. sale of MACtac subsidiary. Took $420 million sale of pressure sensitive labeling subsidiary through Hart-Scott-Rodino second request proceeding. (2002-2003), Mid-America Real Estate Co. v. Iowa Realty Co., Inc.,406 F.3d 969 (8th Cir. 2005), reversing in part 2004 WL 1280895 (S.D. Iowa 2004). Defended real estate brokerage exclusive listing program against claims of monopolization and breach of contract. Appeals court vacated preliminary injunction issued by district court. Minnesota Ass’n of Nurse Anesthetists, et al. v. Unity Hospital, et al., 59 F.3d 80 and 208 F.3d 655, U.S. Court of Appeals, 8th Circuit. Represent defendant hospitals in litigation challenging hospital reorganizations of anesthesia departments from challenge under Sherman Act §§ 1 and 2. (1999), Red Wing Shoe Co., Inc. v. Shearer’s, Inc., 769 S.W.2d 339, Texas Court of Appeals. Successful defense of Red Wing’s dealer termination policies against challenge under Texas "Little Sherman Act"; case aligned Texas law on vertical restraints with federal antitrust law. (1989),Counseled clients including Hormel, American Express, Red Wing Shoe Company, Inc., Novartis (now Syngenta) Co., Bemis Company, and Guidant Corp. in connection with antitrust questions under state and federal law involving a variety of topic areas such as mergers and acquisitions, distribution systems, joint ventures, government agency investigations, trade association activities, pricing policies, intellectual property issues, co-op advertising and joint sales programs. Business Litigation Monsanto Co. v. Pioneer Hi-Bred Int’l. Inc.; Pioneer Hi-Bred Int’l. v. Monsanto Co., U.S. District Court, Eastern District of Missouri. Intellectual property litigation over license agreements for genetically altered agricultural crop seeds. (2000),Peterson v. BASF, 618 N.W. 2d 821, Minnesota Court of Appeals. Defended consumer class action alleging price discrimination in sales of agricultural chemicals. (2000), Surdyk’s Liquor, Inc. v. MGM Liquor Stores, Inc., 83 F.Supp.2d 1016, U.S. District Court of Minnesota. Lanham Act litigation over deceptive practices in wine advertising. (2000), Travelers Express Co. v. American Express Integrated Payment Systems, U.S. District Court of Minnesota. Patent litigation over automated financial services devices. (1999), Indian Law Shakopee Mdewakanton Sioux (Dakota) Community v. Babbitt, 906 F.Supp. 513 (affirmed 1997 WL 80366, 8th Cir. 1997), U.S. District Court of Minnesota. Federal litigation over the ability of the Secretary of the Interior to interfere with an Indian Tribe’s amendment of its Tribal Constitution under the 1988 amendments to the Indian Reorganization Act. (1995),Smith v. Babbitt, 875 F.Supp. 1353 (affirmed 100 F.3d 556, 8th Cir., 1996), U.S. District Court of Minnesota. Litigation over issues of federal jurisdiction and tribal sovereign immunity in connection with a suit by tribal members and persons claiming to be tribal members against a tribal government and the Department of Interior alleging violations of the Indian Gaming Regulatory Act and other federal statutes. (1995),Stockbridge-Munsee Community Band of Mohican Indians v. Miller, 877 F.Supp. 641 and 869 F.Supp. 1401, U.S. District Court, Eastern District of Wisconsin. Litigation under the Indian Gaming Regulatory Act returning to the control of a tribal government a tribal casino which had been seized by a dissident group of tribal members, and finding Tribal Council members immune in their official acts to various federal civil claims. (1994), Environmental Litigation Alaskan oil spill litigation surrounding the Exxon Valdez oil spill and the 1987 oil spill from the tanker Glacier Bay. Faegre & Benson attorneys have represented over 2000 commercial fishermen and fish processors who have lost fishing income because of oil-induced damage to fisheries. Friends of the Boundary Waters Wilderness v. Dombeck, 164 F.3d 1115, U.S. Court of Appeals, 8th Circuit. Represented a coalition of wilderness groups in two lawsuits arising out of the Forest Service’s Boundary Waters Canoe Area Wilderness Management Plan. Successfully defended pro-wilderness aspects of plan and challenged proposal to expand motorboat use. (1999),Sierra Club North Star Chapter v. Peña, 1 F.Supp. 2d 971 (D. Minn.). Blocked construction of proposed new multi-lane highway bridge over the St. Croix River near Stillwater, Minnesota, under the federal Wild and Scenic Rivers Act. (1998), In re: Spent Fuel Storage Installation, 501 N.W.2d 638, Minnesota Court of Appeals. Represented the Prairie Island Sioux Indian Community in opposing Northern States Power Company’s plan to store high level radioactive waste outdoors, above-ground, adjacent to the Prairie Island reservation. (1993), Lujan v. Defenders of Wildlife, 504 U.S. 555, 112 S.Ct. 1230, U.S. Supreme Court. Litigation over the applicability of the Endangered Species Act to federal agency actions overseas. The case covered both the issues of environmental groups’ standing to bring suit and the merits of the government’s refusal to apply the act to federal agencies undertaking projects in other countries. (1992), Defenders of Wildlife v. Administrator, E.P.A., 882 F.2d 1294, U.S. Court of Appeals, 8th Circuit. Litigation enjoining the use of strychnine as an above-ground pesticide because of deaths to nontarget animals and birds protected under the Endangered Species Act. (1989). |
