Annamarie A. Daley
Experience
- Represented clients in federal and state courts on federal and state antitrust, consumer protection, deceptive trade practices, and other claims, including numerous nationwide class action claims.
- Represented clients in the intellectual property area with emphasis on patent litigation and in trademark, copyright and trade-dress litigation.
- Represented clients in domestic and international distributors and dealer issues and other product marketing issues in federal and state courts, arbitration panels, and state attorney general investigations, and before state regulatory agencies, Better Business Bureau and National Advertising Division. Twenty-five years of legal experience in motor vehicle and power sports industry.
- Represented manufacturers' interests before the Food and Drug Administration, United States Coast Guard, the National Highway Transportation Safety Administration, and the Consumer Product Safety Commission including issues involving product recalls, consent decrees and compliance monitoring, Section 15 reports, joint press releases, information education efforts, comments to proposed rulemaking, and voluntary standards, and in connection with state attorney general investigations.
Other Legal Experience:
- Minnesota Women Lawyers, Advisory Board (2004-present)
- Minnesota Supreme Court Historical Society, Board Member
- Advisory Committee on Rules of the Board on Judicial Standards (2007-2008)
- Minnesota Supreme Court state-wide attorney representative appointee to the Minnesota Judicial Selection Commission (1999-2006)
- Federal Practice Committee for the District of Minnesota (2002-2007)
- Co-chair Election Campaign for Judge Christopher Deitzen, Minnesota Court of Appeals (2006)
- Judicial Externship with the Honorable Suzanne Sedgewick, Minnesota Court of Appeals (1984)
Selected Results*
Lead counsel in Blue Cross Blue Shield of Minnesota, American Medical Security Life Insurance Company, Blue Cross Blue Shield of Massachusetts, Blue Cross Blue Shield of Nebraska, Carefirst, Inc., Blue Cross Blue Shield of Delaware, Inc., Excellus Health Plan, Inc., Hawaii Medical Service Association, Health Care Services Corporation, Horizon Health Care Services, Inc., Humana Inc., Louisiana Health Service & Indemnity Company, Medical Mutual of Ohio, Mutual of Omaha Insurance Company, Oxford Health Plans, LLC, Wellmark, Inc., The Regence Group, Time Insurance Company, Union Security Insurance Company, John Alden Life Insurance Company v. Glaxosmithkline plc, et al.: Representation of Blues plans and other health insurers in litigation against drug manufacturer for overpayments made for the prescription drug Paxil and Paxil CR. After lengthy discovery and numerous pretrial motions on claims which included allegations of antitrust violations arising from manufacturers' use of patents to keep generics out of the market, settlement obtained in the fall of 2008.
Co-lead counsel in Anthem Blue Cross Blue Shield, Blue Cross and Blue Shield of Florida, Inc., Blue Cross and Blue Shield of Louisiana, Blue Cross and Blue Shield of Massachusetts, Blue Cross Blue Shield of Michigan, Blue Cross Blue Shield of Minnesota, Blue Cross Blue Shield of Nebraska, Blue Cross Blue Shield of Oklahoma, Blue Cross Blue Shield of Tennessee, Blue Shield of California, CareFirst, Inc., Excellus Health Plan, Inc., The Guardian Life Insurance Company of America, Hawaii Medical Service Association, Health Care Service Corporation, Horizon Blue Cross Blue Shield of New Jersey, Humana, Inc., Mutual of Omaha, Regence Blue Shield of Idaho, Wellchoice, Inc., Wellmark, Inc.. v. Bristol-Myers Squibb, et al: Representation of Blues plans and other health insurers in litigation against drug manufacturers for overpayments made for the prescription drug BuSpar on claims which included allegations of antitrust violations arising from manufacturers' use of patents and the FDA regulations in conjunction with the Hatch-Waxman Act to keep generics out of the market. Settlement obtained for plaintiffs.
Representation of Blues plans and other health insurers against drug manufacturers for overpayments made for the prescription drug Taxol on claims which included allegations of antitrust violations arising from manufacturers' use of patents and the FDA regulations in conjunction with the Hatch-Waxman Act to keep generics out of the market, we obtained settlement for our clients.
Counsel in Blue Cross Blue Shield of Minnesota, American Medical Security Life Insurance Company, Blue Cross Blue Shield of Delaware, Inc., Blue Cross Blue Shield of Florida, Inc., Louisiana Health Services & Indemnity Company, Blue Cross Blue Shield of Massachusetts, Blue Cross Blue Shield of Michigan, Carefirst, Inc., Excellus Health Plan, Inc., Federated Mutual Insurance Company, Health Care Services Corporation, Mutual of Omaha Insurance Company, Time Insurance Company, Union Security Insurance Company, John Alden Life Insurance Company, WellPoint, Inc. v. Pfizer, Inc., Warner-Lambert Company LLC, et al.: Representation of Blues plans and other health insurers in litigation against drug manufacturer for claims alleging overpayments made for the prescription drug Neurontin.
Counsel in Arctic Cat Inc. v. Injection Research Specialists, Inc. and Pacer Industries Inc., No. 01-543 (D. Minn., filed March 2001), in which Arctic Cat, having been accused of infringing patents for electronic fuel injection technology and presented with a $100 million demand, brought a declaratory judgment action to establish Arctic Cat's non-infringement, and the invalidity and unenforceability of the patents. Between March and May 2005, Arctic Cat received summary judgment rulings on six separate legal grounds - laches, equitable estoppel, legal estoppel, patent invalidity, non-infringement by certain snowmobile models, and no willful infringement. These rulings granted Arctic Cat the rare "trifecta" of patent defense victories: patent invalidity, unenforceability, and non-infringement by certain Arctic Cat snowmobile models. In February 2005, the parties settled all claims with no payment from Arctic Cat, covenants not to sue issued to Arctic Cat and its customers and vendors, and indemnification by the parent companies of Injection Research and Pacer.
Counsel in Motorsports Racing Plus v. Arctic Cat, et al., (Minn. Ct. App. Oct. 2003)affirming summary judgment on behalf of the defendants in an antitrust case involving claims of unreasonable restraint of trade, refusal to deal and attempt at monopolization together with various common type and law tort claims such as tortious interference and conspiracy.
Trial counsel in Walman Optical Company v. John Cottrell and Capsule Technologies, Inc., No. 01-002618 (Minn. state court, trial May 2002) in breach of duty of loyalty, duty of confidentiality and duty of good faith claims against a former employee who took the company's new product ideas, obtaining recovery of lost profits.
Counsel in Richard Daniels v. Walman Optical Company (D. Ga, filed Oct. 2001), in which Walman Optical Company obtained summary judgment against plaintiff on his breach of contract claim and in favor of Walman on its counterclaim for breach of contract.
Defense and prosecution of various disputes with franchisors, franchisees, manufacturers, distributors, and dealers.
Obtained summary judgments of no patent infringement and on a Lanham Act claim.
Obtained summary judgment on state antitrust and state tort claims.
Tried a federal antitrust tying case.
Co-lead counsel in a constitutional challenge to Minnesota legislation that resulted in a $340 million judgment on behalf of Minnesota workers' compensation insurers.
Lead counsel in a constitutional challenge to Minnesota regulations resulting in an annual $20 million savings for another industry.
Obtained a $3 million jury verdict on a fraud claim arising out of the sale of a business.
Recognition
- Named a "Top 100 Women Minnesota Super Lawyer," Minnesota Law & Politics (2009) **
- Named by Minnesota Lawyer as one of its Attorneys of the Year (2006)**
- Named a “Super Lawyer,” Minnesota Law & Politics (2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009) **
- 1997 recipient of the “40 under 40" award by the Business Journal, which recognizes and honors top young influential leaders in the Minneapolis business community **
Memberships
- Litigation Counsel of America, Fellow
- National Institute for Trial Advocacy
- American Bar Association, Antitrust and International Sections
- American Intellectual Property Law Association, Antitrust Section
- Federal Bar Association
- Minnesota Women Lawyers
- Minnesota State Bar Association
- Hennepin County Bar Association
Civic Associations
- MacPhail School of Music, Board of Trustees (2001-2008)
- Hennepin County 4-H Federation, Treasurer/Financial Secretary (2004-present)
- Minnesota 4-H Foundation, Board of Trustees (1994-2001)
Bar Admissions
- Minnesota
- U.S. District Court, Eastern District of Michigan
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Federal Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Minnesota
- U.S. Supreme Court
Education
- University of Minnesota Law School, J.D., cum laude, Truman Scholar (1984)
- University of Reading, England, post-graduate degree in Agricultural Economics, Marshall Scholar (1981)
- University of Minnesota, undergraduate degrees in Political Science, magna cum laude, and Agricultural Business Administration, with highest distinction, Truman Scholar (1980)
Selected Speeches
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William Mitchell School of Law Trial Advocacy Instructor
National Institute of Trial Advocacy, St. Paul, Minnesota
(September 12-18, 2009)
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Strategic Discovery: Preventing Discovery Abuses and Handling Discovery Disputes
Minnesota CLE, Minneapolis, Minnesota
(May 20, 2009)
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Challenging Gender Bias with Positive Role Models in Theater, Society, and Law (Panelists)
Guthrie Theater and West LegaEdcenter, Minneapolis, Minnesota
(March 3, 2009)
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30(b)(6) Business Depositions
Minnesota CLE, Minneapolis, Minnesota
(November 7, 2008)
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Rule 803: Hearsay – Availability Immaterial
Minnesota CLE, Minnesota Courtroom Evidence Deskbook
(November 3, 2008)
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William Mitchell School of Law Trial Advocacy Instructor
National Institute of Trial Advocacy, St. Paul, Minnesota
(September 13-19, 2008)
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Trial Advocacy
NITA, St. Paul, Minnesota
(September 14-19, 2007)
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Effective Depositions; From Backpack to Briefcase
National Association of Women Lawyers, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, Minnesota
(March 30, 2007)
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Ethical Issues
Iowa Intellectual Property Law Association
(October 13-14, 2006)
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Modern Licensing Law: Ethical Issues
Law Seminars International, Minneapolis, MN
(June 19-20, 2006)