Judicial Leadership

• National Center for State Courts- Board of Directors
• e Court Minnesota Project-Judge Team Member
• The Sedona Conference-Judicial Advisor, Working Group 1-Member and Contributor
• Expedited Litigation Track Pilot Project Dakota County- Judicial Manager
• First Judicial District Executive Management Committee
• National Center for State Courts-Council of Chief Justices, Civil Justice Initiative-Sub-Committee Chair Rules and Litigation
• American Bar Association Business Law Section-Judicial Representative (2014-2016)
• American College of Business Court Judges-Board of Directors
• Minnesota District Judges Association – Board of Directors (2009-2015)
• Minnesota Civil Rules Advisory Committee

Complex and Multidistrict Judicial Assignments

• State v. Bernard, 859 N.W.2d 762 (Minn. 2015), rehearing den. (Mar. 16, 2015), cert. granted (U.S. Dec. 11, 2015); decided with Birchfield v. North Dakota, 579 US (2016)
• City of West St. Paul v. Larry A. Dimmen, et al, 19HA-CV-13-4929, Dakota County District Court (pending condemnation action involving hundreds of properties)
• In re: Minnesota Intoxylizer 5000EN Source Code Litigation, (Minn. Sup. Ct. Order A09-2109, January 11, 2010); affirmed 816 N.W.2d 525 (Minn. 2012) (resolved consolidation of over 4000 cases)
• In re: M.W. Johnson Construction, Inc. Mechanic’s Lien Foreclosure Litigation, (Minn. Sup. Ct. Order A09-454, March 31, 2009) (resolved actions involving hundreds of competing liens)
• In re: Parish Marketing and Development Corporation Mechanic’s Lien Foreclosure Litigation, (Minn. Sup. Ct. Order A08-120, February 14, 2008) (resolved action involving hundreds of competing liens)

Presentations

• Right Sizing the Role of the Trial Court in Civil Litigation-Strategies and Tips for Managing Your Civil Cases, Minnesota Annual Conference of Judges, 2018 CJE
• Civil Justice Reform: Essential Pathway Rules and Procedures (webinar), Institute for the Advancement of the American Legal System and National Center for State Courts, November, 2018
• “Best Practices for Judicial Administration, or What is the Best New Idea Your Court Has Adopted in the Last Five Years?” National Foundation for Judicial Excellence, Chicago July, 2018
• Right Sizing Civil Litigation in the State Courts, Conference of State Court Administrators and Conference of Chief Justices, Midwest Regional Meeting, Kansas City, October 2018
• Right Sizing Civil Litigation in the State Courts, Conference of State Court Administrators and Conference of Chief Justices, New England Regional Meeting, Boston, April 2018
• Arizona Civil Justice, Summit, Arizona Supreme Court Education Services, February 2018
• Economic Development, Arbitration and the Courts ABA Commercial Law Symposium, Cairo, Egypt, December 2017
• Leadership, Management and the Courts, ABA Rule of Law Initiative, Cairo, Egypt, December 2017
• Achieving Civil Justice for All, Nebraska Annual Judicial Education Conference, October 2017
• Science, Technology and the Law, Minnesota Attorney General Office, June 2017
• Nebraska Appellate Courts, Spring Education Meeting, Judicial Branch Education Office, April 2017
• "Will Wonders Never Cease: Issues Past, Present, and Maybe Future in DWI Cases,” Minnesota State Court Continuing Judicial Education, March 2017
• "Getting it ‘Write,’ Drafting Orders That Do the Job and Survive Appeal,” Minnesota Annual Conference of Judges, 2016 CJE
• "E-Discovery:  Everything You Need to Know!,”  MSBA CLE, 2016
• “Achieving Civil Justice for All,” Illinois 2nd Appellate Conference Fall 2016
• “Pinching Discovery Pennies While Getting What You Need-a look at the amended Federal Rules and Similar State Streamlining Efforts.” ABA Business Law Section Annual Meeting, 2016
• Civil Justice Initiative Report, Conference of Chief Justices/Conference of State Court Administrators Annual Meeting, 2016
• “Improving Access and Efficiency in Our State Courts,” Association of General Counsel Annual Meeting, 2016
• Checklist on the Admissibility of Electronic Evidence, MSBA CLE (webinar), 2016
• Creating the Just, Speedy, and Inexpensive Courts of Tomorrow: State Projects and Rules Update: Experiences, Empirical Research and Expectations; The Role of Judges and Engagement; Creating the Just, Speedy and Inexpensive Courts of Tomorrow: Observations from the Bench, Institute for the Advancement of the American Legal System, (Denver) 2016
• Civil Justice Initiative Update and Draft Recommendations, Conference of Chief Justices Mid-Year Meeting, 2016
• Justice Roundtable, National Center for State Courts, 2015
• “The Future of State Courts: Civil Justice Improvements and Judicial Elections,” The Conference Board Council of Chief Legal Officers, 2015
• “Innovations in Civil Legal Services,” National Legal Aid & Defender Association, 2015
• “Taking a Fresh Look at Civil Justice Reform,” Institute for the Advancement of the American Legal System, (Denver)  2015
• “Ethics for Lawyers on the Move,” ABA Business Law Section Annual Meeting, 2015
• “Rocket Docket Update,” Minnesota District Judges Foundation Fall Conference, 2015 CJE
• “Order(s) in the Court,”  Minnesota District Judges Foundation Fall Conference, 2015 CJE
• Managing the Challenging Civil Case: Navigating the Seas of Expert Issues: Minnesota Judicial Branch/Minnesota District Judges Foundation, 2015 CJE
• American Board of Trial Advocates: National Jury Summit 2015
• New Hampshire Bench/Bar Conference: A Changing World, 2015
• Taking a Fresh Look at Access to the Courts, Massachusetts Chief Justice Gants’ Litigation Alternatives Group Meeting, (webinar) 2015
• Justice Roundtable, National Center for State Courts, 2014
• Foundations of Digital Records in Medicine and Law: Reliability and Authenticity, Johns Hopkins Medical School Division of Health Sciences Informatics, 2014
• “Pockets, Rockets & Dockets” Minnesota District Judges Foundation Fall Conference 2014 CJE
• Masters in Trial, American Board of Trial Advocates Foundation, 2014
• Minnesota Certified Trial Lawyers E-Discovery Workshop, 2014
• Women in E-Discovery Minnesota Rules Update, 2014
• E Discovery and the New Rules, Minnesota Association of Litigation Support Professionals, 2013
• Annual Meeting Working Group 1, The Sedona Conference, 2013
• “You Love It, You Hate it, Now You Have to Live With It: e-Discovery” William Mitchell College of Law, 2013
• The New Civil Rules, Northstar Alliance of Minnesota Law Firms, 2013
• Minnesota Corporate e-Discovery Forum, 2013
• Understanding the Revisions to the Minnesota Civil Rules, Minnesota ABOTA, 2013
• The New Civil Rules and e-Filing, MSBA CLE, 2013
• How the New Rules Impact the Courts, Quarterly District Meeting, May 2013 CJE
• The New Rules of Civil Procedure, Minnesota Association for Justice, 2013
• Litigating Attorney Fee Claims-a New World After United Prairie v. Haugen, MSBA CLE, 2013
• Recognizing the E-Discovery Realities in Your Case, Minnesota Annual Conference of Judges, 2012 CJE
• Complex Case Management, Minnesota Annual Conference of Judges, 2012
• Judicial Trial Skills Evaluator University of Minnesota 2012, 2013, 2015, 2016
• Minnesota E-Discovery Working Group, MSBA CLE, Feb. & July ,2012
• Insurance Coverage and Practice Symposium, DRI, New York, NY, 2011
• Going Through the Motions, Minnesota Association for Justice, 2011
• Tips for Civil Practitioners, 8th District Bar Association, 2009
• Terse, Pithy, and Other Ways to Please the Court, MDLA Insurance Law Institute, 2008
• What Civil Judges Want You to Know, National Business Institute, 2008
• Legal Issues for Minnesota Professional Engineers, HalfMoon Seminars, 2007
• Mealey’s Scope of Coverage Conference, Washington, DC, 2007
• MDLA Insurance Law Institute, Insurance Claim Practices, 2007
• Masters in Trial, American Board of Trial Advocates Foundation, 2005
• Emerging Insurance Disputes: Bad Faith, Minnesota Institute of Legal Education, 2003
• Bad Faith Litigation, Minnesota Institute of Legal Education, 2000
• How to Conduct an Effective Jury Trial, MSBA CLE, 1997
• Architect/Engineer Malpractice, Lorman Education Services, 1996
• Product Liability in the U.S.: Is It Your Worst Nightmare?  Market USA, Copenhagen, 
• Denmark 1992
• Advising Human Service Providers, Minnesota Institute of Legal Education, 1991
• Current Issues in Insurance Coverage Law, Minnesota Institute of Legal Education,  1988
• Products Liability Annual, Minnesota Institute of Legal Education, 1987

Publications

• Global Judicial Integrity Network: Applying the Bangalore Principles to Court Administration (Podcast), United Nations Office on Drugs and Crime (2018)
• E-Discovery Desk Book, (Chapter Author), Minnesota CLE (2016)
• Minnesota Business Litigation Desk Book: Claims and Remedies,(Chapter 
• Author) Minnesota CLE (2015)
• An Electronic Discovery Primer, 40 Wm. Mitchell L. Rev. 427 (2014)(Contributing 
• Author)
• Electronic Discovery Primer, (MSBA 2013 ) (Minnesota E-Discovery Working Group Joint Authorship)
• Failure to Allocate? Nobody Pays: Using Miller-Shugart Settlements In Cases of Questionable Insurance Coverage, 4 Wm. Mitchell J. L. & Practice  2, (2010)
• Miller-Shugart Revisited – Requiring Allocation in Consent Settlements.  For the Defense,   2008 Vol. 50, No. 5, May 2008, 52
• MN CLE Desk Book, Business Torts (2007,2011, 2013)(Chapter Author)
• Commentary and Cases, Callaghan, 1986
• Sophisticated Purchaser Defense: You Get What You Pay For. Products Liability

Academic Appointments

• Adjunct Associate Professor of Law, University of Minnesota (Complex Litigation)    (2008 to 2014)
• Adjunct Associate Professor of Law, William Mitchell College of Law (Advocacy 2014)
• Mentor, University of St. Thomas 2010 to Present

Bar Admissions

• State Courts, Minnesota 1981, Wisconsin 1985 (inactive), pro hoc vice other states
• Previous admissions to multiple Federal Courts, both trial and appellate       
• Qualified ADR Neutral, Minnesota Supreme Court

Professional Affiliations

• American Board of Trial Advocates (Inducted 1996)
• American Bar Association
• American College of Business Court Judges
• National Center for State Courts

Education

• B.A. Beloit College, 1977
• J.D. William Mitchell College of Law, 1981

Employment

• Judge (appointed 2007), elected 2010, reelected 2016. Retired on Feb. 2, 2022. Appointed and assigned to serve statewide as Senior Judge from Mar. 7, 2022, to June 30, 2025.
• Abrams & Smith, P.A., 1997-2008
• Austin & Abrams, P.A., 1988-1996
• Austin & Roth & Associates, 1982-1987
• Schoenberger Legal Clinic, Self-Employed, 1981-1982

Private Practice Experience

• Numerous trials and appeals in State and Federal Courts,(including Minnesota Court of Appeals, Minnesota Supreme Court and 8th Circuit Court of Appeals)
• Mass tort case experience: Asbestos, DES, World Trade Center, Breast Implants
• Products liability trial experience
• Environmental liability case experience
• Complex commercial case trial experience
• Expert witness reasonable value of attorney’s fees
• Medical, legal and accounting malpractice trial experience
• Coverage and insurance bad faith trial experience
• U.S. and foreign arbitration trial experience
• Negligence, FELA, and Jones Act trial experience