steven j. weintraut
Shareholder
stevenweintraut@siegelbrill.com
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Steven counsels businesses and individuals on how to best reach their goals by helping them efficiently and intelligently resolve a wide variety of legal issues. Steven’s practice includes employment advice and litigation, dispute resolution and litigation, contract negotiation and drafting, construction, real estate, leasing, and land use. Steven brings attention to detail, creativity, and persistence to every issue that he helps his clients resolve.
Steven provides employment advice and counseling regarding wage and hour disputes, leave requirements and policies, discrimination issues, employment contracts and non-compete agreements, disciplinary and termination issues, and negotiation and drafting of severance agreements. He also litigates employment disputes aggressively, representing primarily employers in all types of employment litigation in federal and state courts, and in administrative actions in front of the EEOC and state and municipal agencies.
Steven is an experienced litigator, and represents clients in all phases of conflict resolution, from initial negotiations prior to suit through appeal. He has successfully litigated an array of cases to jury verdicts, court orders, arbitration awards, appellate court opinions, and favorable settlements. He utilizes his extensive litigation experience to help clients determine whether litigation should be avoided or pursued. If litigation is appropriate or necessary, he aggressively represents his clients to help them achieve their objectives.
PRACTICE AREAS
Employment Advice, Counseling, and Litigation
Civil Litigation
Commercial Contracts and Litigation
Construction Contracts and Litigation
Real Estate Contracts and Litigation
Land Use Law and Litigation
EDUCATION
University of Iowa College of Law, J.D., with High Distinction, 1994.
Activities: Member of Iowa Law Review; Recipient of International Academy of Trial Lawyers Award. Assistant Director of Trial Advocacy Board.
University of Iowa College of Business, B.B.A, Finance, 1991.
REPRESENTATIVE EXPERIENCE
Employment Litigation:
Baer v. J.D. Donovan, Inc., 763 N.W.2d 681 (Minn. Ct. App. 2009).
http://www.lawlibrary.state.mn.us/archive/ctappub/0904/opa081203-0407.pdf. Represented trucking company in state court action brought by plaintiff who filled out an outdated application form and claimed that he was entitled to recover damages and attorney’s fees pursuant to the Minnesota Human Rights Act based on some of the questions on the application. After court trial, obtained court order and judgment that client had not engaged in discrimination, and that plaintiff was not entitled to recover any damages or attorney’s fees. Judgment affirmed on appeal.
Defended owner and operator of rental properties against claim of racial discrimination. Represented client at administrative level where Department of Housing and Urban Development issued a Determination of No Reasonable Cause that discrimination had taken place. In federal court action brought by same plaintiff, after seven months of litigation, plaintiff voluntarily dismissed all claims with prejudice, without payment by client.
Represented physicians’ clinic and publishing company in separate actions, defending against disability discrimination/wrongful termination claims. Obtained favorable settlements in both cases before trial.
Represent employers and employees in defending against and asserting administrative charges of discrimination filed with the EEOC and state and local departments and agencies.
Employment Counseling:
Represent and advise employers and employees regarding noncompete agreements, compliance with federal and state laws, leave and wage issues, terminations, and severance packages.
Represented terminated doctor, attorneys, and a veterinarian in negotiating separate, favorable severance packages from two large U.S. companies and a large German corporation.
Commercial Litigation:
City of Minneapolis v. Ames & Fischer Co. II, LLP, 724 N.W.2d 749 (Minn. Ct. App. 2006).
http://www.lawlibrary.state.mn.us/archive/ctappub/0612/opa052316-1212.htm. Represented owner of commercial building and adjoining ramp in defending against claims brought by City for alleged breach of contract relating to payment for the ramp. Asserted counterclaims against City and affirmative defenses, and obtained favorable settlement.
Represented general contractor in action against insurance broker for broker’s failure to procure worker’s compensation insurance for subcontractor, which failure resulted in client’s substantial out-of-pocket payment to resolve subcontractor’s employee’s worker’s compensation claim. Obtained court order establishing client’s standing to pursue claims against broker, and negotiated favorable settlement.
Represented advertising company in federal court action brought against owner of a chain of movie theaters in midwest. Defendant had terminated relationship with advertising company and started working directly with advertising company’s clients. After eight months of litigation, obtained favorable mediated settlement agreement.
Represented owner of commercial property in action against former tenant and personal guarantor for breaches of commercial lease and personal guaranty. Guarantor contended that guaranty was unenforceable. Obtained favorable jury verdict against both former tenant and guarantor.
Construction Litigation:
Represented owner and residential developer in arbitration action against general contractor that terminated the general contract, and in state court action against surety that issued performance and payment bonds. Defended owner against claims by subcontractors. Negotiated favorable settlements with surety, general contractor, and subcontractors.
Represented excavating subcontractor and company’s principal in action brought by owner and developer of residential property in which the plaintiff alleged that client subcontractor failed to remove and reburied concrete debris below residential development. After seven days of a court trial and Plaintiff resting its case, brought motion for directed verdict, which was granted by the court. Clients were dismissed from the action and awarded costs of litigation against plaintiff.
Represented design/ build prime contractor in arbitration action against School District for non-payment for work performed in remodeling of school and for damages caused by delay in project. After nine days of arbitration hearing, obtained favorable arbitration award.
Represented subcontractor that helped construct a bank and parking lot in action brought by the general contractor against the owner of the property. Brought motion to dismiss all claims, which was granted before trial, thereby avoiding any potential liability for client and the time and expense of a trial that ultimately lasted approximately nine days.
Represented church in action against roofing general contractor and church’s insurance carrier for damages caused to church when rain entered through the roof during construction. After two week jury trial, obtained favorable verdict and an award of the church’s attorney’s fees against the insurance company.
Represent homeowners with homes that are damaged by water infiltration in actions brought against builders of homes/ general contractors, in which the subcontractors are joined as defendants by the builders/ general contractors. Have obtained numerous favorable settlements that allow homeowner clients to repair their damaged homes.
Real Estate Litigation:
Robin v. Puls, 2002 WL 2004693 (Minn. App. 2002).
http://www.lawlibrary.state.mn.us/archive/ctapun/0208/265.htm. Represented landowners in action that successfully limited extent of neighbors’ use of lakeshore access easement that ran across clients’ lakefront property. Clients were also awarded attorney’s fees and costs by the Minnesota Court of Appeals.
Represented owner of commercial building in challenging City's assessment of additional property taxes based on City's resurfacing and narrowing of street outside client's building. After court trial, obtained order finding that client was not liable to City for any portion of the assessment.
Represent sellers and buyers in actions brought against sellers and agents for claims relating to alleged misrepresentations and failures to disclose in real estate transactions.
Land Use Litigation:
Represent companies in actions against local governmental units challenging decisions made during environmental review of clients’ proposed projects and decisions made in response to permit applications and variance requests.
ARTICLES
Author of Siegel Brill News release: “The U.S. Supreme Court’s Recent Concepcion Decision Regarding Class Action Waivers, and What it Means for Employers.”
MILITARY SERVICE
Navy Reserve. Navy Construction Battalion (Seabees), 1987 – 1992. Builder position. Platoon Leader while on active duty.
COMMUNITY INVOLVEMENT
United Cerebral Palsy of Minnesota, Inc. -- Former Board Member and President, and current volunteer, of this non-profit dedicated to advancing the interests of people with cerebral palsy and their families.
ACHIEVEMENTS/PROFESSIONAL DISTINCTION
Rated as “AV” lawyer by Martindale Hubbell’s peer rating review process for legal ability and ethical standards – highest possible distinction.
PERSONAL
Steven lives in Mendota Heights with his wife Jill and their four children. He is actively involved in his children’s school and extracurricular activities.
