Monte Mills is an experienced trial and appellate attorney. He has taken over a dozen cases to trial.

Monte has argued cases before the Minnesota Court of Appeals, the Minnesota Supreme Court, and the Eighth Circuit Court of Appeals. His practice focuses on constitutional and governmental defense, business litigation, and appellate matters. He handles a variety of business cases, including contracts, securities, partnership disputes, and intellectual property. Monte represents government entities in cases involving land-use, zoning, government procurement, environmental, and constitutional issues.

Representative Experience

BUSINESS LITIGATION 

Monte represents clients in a variety of business disputes, and has litigated issues in state, federal, and appellate courts.

  • Hayden v. City of Minneapolis, et al., No. 27-cv-17-16643 (Minn. Dist. Ct. May 23, 2018). Represented Minnesota Vikings Football LLC as a defendant in lawsuit challenging the Vikings’ rights to use the Commons park near US Bank Stadium, and persuaded district court to grant the Vikings’ motion for summary judgment and dismiss all claims against the Vikings. 
  • Medica Health Plans v. Minnesota Dept. of Human Services, et al., No. 62-cv-17-1478 (Minn. Dist. Ct. 2017). Represented a managed care organization as an Intervenor-Defendant in lawsuit challenging amendments to healthcare program contracts awarded after a government procurement process, and persuaded district court to deny plaintiff’s motion for injunctive relief and dismiss lawsuit. 
  • Koepke v. Buelow, No. 27-cv-14-20164 (Minn. Dist. Ct. 2016). Defended law firm and partner against various claims brought by former partner, persuaded district court to grant motion to dismiss certain claims in clients’ favor, and prevailed at trial on remaining claims.
  • Smith v. Securus Technologies, Inc., 120 F.Supp.3d 976 (D. Minn. 2015). Defended telecommunications company against class action alleging claims under Telephone Consumer Protection Act (TCPA), and persuaded federal district court to grant motion for summary judgment in client’s favor.
  • Gander Mountain Co. v. Lazard Middle Mkt., LLC, No. A11-221, 2012 WL 118236 (Minn. Ct. App. Jan. 17, 2012). Defended financial company and obtained appellate decision affirming dismissal of client based on forum-selection clause in contract.
  • Ductcap Products, Inc. v. J & S Fabrication, Inc., No. 09-1179, 2009 WL 3242022 (D. Minn. Oct. 2, 2009). Defended manufacturing company in patent case and persuaded federal district court to grant motion to dismiss for lack of personal jurisdiction.
  • Schaaf v. Residential Funding Corp., 129 S.Ct. 222, 172 L.Ed.2d 142, cert. denied (Oct. 6, 2008); Schaaf v. Residential Funding Corp., 517 F.3d 544 (8th Cir. 2008); Schaaf v. Residential Funding Corp., No. 05-1319, 2006 WL 2506974 (D. Minn. Aug 29, 2006). Defended financial company and persuaded appellate court to affirm federal district court’s decision dismissing class action by bond holder based on absence of loss causation.
  • Albert v. Qwest, 128 S.Ct. 447, 169 L.Ed.2d 312, cert. denied (Oct. 15, 2007); Albert v. Qwest, Nos. 07-1108/1580, 226 Fed. Appx. 630, 2007 WL 1052502 (8th Cir. April 10, 2007); Albert v. Qwest, No. 06-1251, slip op. (D. Minn. Oct. 18, 2006). Defended telecommunications company and obtained appellate decision upholding federal district court’s decision dismissing claims against client.
  • Hypred, S.A. and A&L Laboratories v. Pochard, No. 04-2773, slip op. (D. Minn. March 4, 2005) (R&R recommending dismissal of claim); Hypred, S.A. and A&L Laboratories v. Pochard, No. 04-2773, slip op. (D. Minn. April 19, 2005) (order adopting R&R). Defended former executive and persuaded federal district court to grant motion to dismiss claim alleging breach of warranty provision in stock purchase agreement.
  • Park Avenue of White Bear Lake, LLC v. Boo et al., No. 03-9311 (Minn. Dist. Ct. July 30, 2004); Park Avenue of White Bear Lake, LLC v. Boo et al., No. 03-9311 (Minn. Dist. Ct. Dec. 27, 2005). As counsel for investment company, obtained partial summary judgment for client on breach-of-contract claim and then summary judgment for client on damages.
  • Nonin Medical, Inc. v. Konica Minolta Photo Imaging U.S.A., Inc., 381 F.Supp.2d 1069 (D. Minn. August 5, 2005). Defended electronics-manufacturing company in patent-infringement action and persuaded federal district court to grant motion for summary judgment based on noninfringement.
  • Stier v. Qwest, No. 03-4996, slip op. (D. Minn. May 20, 2004). Defended telecommunications company and achieved dismissal of claims against client.
  • Lettner v. Qwest, No. 02-17007 (Minn. Dist. Ct. Feb. 25, 2003). Defended telecommunications company and achieved dismissal of claims against client.

GOVERNMENT AND CONSTITUTIONAL LITIGATION 

Monte represents government entities in cases involving land-use, zoning, and constitutional issues. He has litigated such issues in state, federal, and appellate courts.

  • Rochester City Lines, Co. v. City of Rochester, No. 55-cv-12-1003 (Minn. Dist. Ct. Oct. 16, 2017). Defended city against claims brought by disappointed bidder regarding a contract procurement, and prevailed at trial on all remaining claims. 

  • City of Rochester v. Kottschade, 896 N.W.2d 541 (Minn. 2017). Represented city as appellant, and persuaded Minnesota Supreme Court to grant review and obtained decision reversing dismissal and remanding to stay proceeding pending arbitration.
  • Keenan v. Toro Manufacturing Co. et al., No. 27-cv-16-1394 (Minn. Dist. Ct. July 15, 2016). Defended cities against claims alleging environmental contamination of property, and persuaded district court to grant motion to dismiss in clients’ favor.
  • Shamp v. City of Pine River, No. 11-cv-16-479 (Minn. Dist. Ct. May 25, 2016). Defended cities and joint airport zoning board against claims that airport zoning constituted regulatory taking of the plaintiffs’ property, and persuaded district court to grant motion for judgment on the pleadings in clients’ favor.
  • Palm Realty, Inc. v. City of Apple Valley, No. 19-cv-15-464 (Minn. Dist. Ct. Dec. 3, 2015). Defended city against claims brought by landowners and developers challenging fees in lieu of parkland dedication, and persuaded district court to grant motion for summary judgment in client’s favor on interpretation of development contract.
  • Rochester City Lines, Co. v. City of Rochester, 868 N.W.2d 655 (Minn. 2015). Defended city against claims brought by disappointed bidder regarding a contract procurement, persuaded district court to grant motion for summary judgment in client’s favor on all claims, and obtained decision from Minnesota Supreme Court affirming dismissal of all claims except one. 
  • O’Neill v. City of Bloomington, No. A13-1114, 2014 WL 802456 (Minn. Ct. App. Mar. 03, 2014). Defended city and obtained appellate decision affirming judgment in city’s favor after trial on claim that airport zoning constituted regulatory taking of the plaintiffs’ property.
  • Titus v. City of Prior Lake, No. A11-1340, 2012 WL 686175 (Minn. Ct. App. Mar. 5, 2012). Defended city and obtained appellate decision affirming judgment in client’s favor after trial involving claim that municipal regulation was unconstitutional, and affirming judgment that statute of limitations barred trespass claim.
  • Ashanti v. City of Golden Valley, 666 F.3d 1148 (8th Cir. 2012). Defended city in class action and persuaded appellate court to affirm federal district court’s decision dismissing procedural-due process claim, takings claim, and unreasonable-seizure claim because res judicata barred constitutional claims.
  • Community Finance Group, Inc. v. Republic of Kenya, 778 F.Supp.2d 983 (D. Minn. 2011); Community Finance Group, Inc. v. Republic of Kenya, 663 F.3d 977 (8th Cir. 2011). Defended Kenya and persuaded federal district court to grant motion to dismiss for lack of subject-matter jurisdiction under Foreign Sovereign Immunities Act, and appellate court affirmed.
  • Pavelka v. Enclave Development, L.L.C., No. 27-cv-11-4811 (Minn. Dist. Ct. Aug. 3, 2011). Defended city and achieved summary judgment in client’s favor on claims brought by developer.
  • Helgeson Bros. P'ship v. County of Douglas, A10-100, 2010 WL 3632509 (Minn. Ct. App. Sept. 21, 2010). Defended city and joint airport zoning board and obtained summary judgment on regulatory-taking claim and claim of an equal protection violation, and appellate court affirmed.
  • Snyder v. Snyder, No. 07-1973, 2008 WL 5060630 (8th Cir. 2008); Snyder v. Snyder, No. 06-3072, 2007 WL 894415 (D. Minn. March 21, 2007). Defended sheriff’s office and persuaded appellate court to affirm federal district court’s decision dismissing claims against client.
  • Logan v. City of Maplewood, No. 62-cv-07-3673 (Minn. Dist. Ct. June 17, 2008). Defended city and obtained summary judgment in client’s favor on plaintiff’s claim that permit application was automatically approved under Minnesota Statutes § 15.99.
  • Wilson v. City of Burnsville, 2007 WL 1263490 (Minn. Ct. App. May 1, 2007); Wilson v. City of Burnsville, No. C6-03-7269 (Minn. Dist. Ct. Dec. 13, 2005). Defended city and obtained appellate decision affirming summary judgment in client’s favor because the public-duty doctrine applied to the city’s provision of emergency services.
  • Duy Ngo v. Storlie, No. 03-3376, 2006 WL 1579873 (D. Minn., June 2, 2006). Defended city and achieved summary judgment in client’s favor on claims under § 1983 alleging constitutional violations resulting from failure to train employees.
  • Duy Ngo v. Storlie, No. 03-3376, 2006 WL 1046933 (D. Minn. April 19, 2006). Defended city and persuaded federal district court to deny plaintiff’s motion for sanctions against city based on spoliation of evidence.

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. District Court for the District of Minnesota
  • State Bar of Minnesota

Professional & Community Affiliations

PROFESSIONAL AFFILIATIONS

  • Federal Bar Association, Minnesota Chapter
  • Minnesota State Bar Association, Appellate Council
  • Amdahl Inn of Court

COMMUNITY INVOLVEMENT

  • Board Member, Minnesota YMCA Youth In Government (2012-2017)

Thought Leadership

PUBLICATIONS 

  • "Know Your Drone," Planning, American Planning Association (May 2015)
  • "Failure to disclose could be disastrous," Minnesota Lawyer (August 22, 2013)
  • "State adopts fed expert disclosure," Minnesota Lawyer (July 18, 2013)
  • "The Student, the First Amendment, and the Mandatory Fee," Iowa Law Review, Vol. 85, No.1 (1999)

TEACHING AND LECTURING

  • Discussion of Drones and Unmanned Aircraft Systems, 2017 Minnesota CIty Attorneys Educational Conference (2017)
  • It's a bird...It's a plane...It'sa Drone? 2016 Minnesota City Attorneys Conference (2016)
  • Attorney-Client Privilege in the Public Sector, Upper Midwest Employment Law Institute, Panelist (2012)
  • Regulatory Taking and Inverse Condemnation Cases That Are Hot Issues: Interstate Companies and DeCook I & II, Hennepin County Bar Association, Panelist (April 2011)

Recognition

  • Selected to Rising Star list, Minnesota Journal of Law & Politics (2006-2009)

Practice Areas


Education

J.D., University of Iowa College of Law, With High Distinction (2000); Editorial Board, Iowa Law Review, Vol. 85; Member, Iowa Law Review, Vol. 84

B.A., University of Northern Iowa, Philosophy, summa cum laude (1997)

B.A., University of Northern Iowa, Public Administration, summa cum laude; Purple and Old Gold Meritorious Scholarship Award (1997)   


Experience

U.S. District Court for the District of Minnesota, The Honorable Ann D. Montgomery, Law Clerk (2000-2002)