Attorney Justin D. Cummins's Legal Cases

Employment and labor

Greene v. Minnesota Bureau of Mediation Services, 948 N.W.2d 675 (Minn. 2020) (appearing as amici counsel)

Jan 03, 2020

OUTCOME: Reversed the lower courts to protect the privacy of public employee data

Ruling that neither the Minnesota Public Employment Labor Relations Act nor the Minnesota Government Data Practices Act enables parties seeking decertification of a labor organization to obtain the con ... tact information of bargaining-unit employees because such data about public employees is private

Employment and labor

Minnesota Chamber of Commerce v. City of Minneapolis, 944 N.W.2d 441 (Minn. 2020) (appearing as amici counsel)

Jan 02, 2020

OUTCOME: Affirmed the ruling that upheld paid sick leave rights

Affirming that Minneapolis has the authority to adopt and enforce an ordinance that requires all employers, even when they have no physical presence within the city’s boundaries, to provide paid sick l ... eave to employees working in the city

Employment and labor

SMART Local Union No. 10 v. A-1, 447 F.Supp.3d 844 (D. Minn. 2020)

Jan 01, 2020

OUTCOME: Entered judgment against the employer for contract violations

Ruling after trial in the case that the arbitration award against the employer must be enforced – even though the employer never signed the contract underlying the arbitration award – because the emplo ... yer was bound by the contract through the employer’s conduct consistent with the contract

Civil rights

Kenneh v. Homeward Bound, Inc., 944 N.W.2d 222 (Minn. 2020) (appearing as amicus counsel)

Jan 01, 2020

OUTCOME: Reversed summary judgment for the employer regarding harassment claims

Reversing summary judgment for the employer and ruling that harassment claims must be analyzed under a liberal standard – which considers the totality of the circumstances in each case and “must evolve ... to reflect changes in societal attitudes towards what is acceptable behavior” – and, moreover, that harassment claims ordinarily must be decided via trial rather than summary judgment

Constitutional

Bierman v. Dayton, 900 F.3d 570, rhrg. and rhrg. en banc denied 900 F.3d 570 (8th Cir. 2018), cert. denied 139 S.Ct. 2043 (2019)

Jan 01, 2019

OUTCOME: Affirmed judgment for the union regarding constitutional claims

Upholding the constitutionality of exclusive representation by labor unions under the Minnesota Public Employment Labor Relations Act

Employment and labor

Friedlander v. Edwards Lifesciences, LLC, 900 N.W.2d 162 (Minn. 2017) (appearing as amicus counsel)

Jan 02, 2017

OUTCOME: Ruled for the plaintiff regarding the viability of whistleblower claims

Confirming that protected activity under State whistleblower law need not be for the purpose of exposing an illegality and, moreover, that a good-faith whistleblower report means a report that is not f ... alse or recklessly disregarding the truth

Workers compensation

Sanchez v. Dahlke Trailer Sales, Inc., 897 N.W.2d 267 (Minn. 2017) (appearing as amicus counsel)

Jan 01, 2017

OUTCOME: Affirmed the ruling that plaintiff immigrant status is irrelevant to employment claims

Holding that undocumented employees can successfully prosecute workers' compensation retaliation claims despite admitting that they do not have authorization to work in the United States

Employment and labor

Ford v. Minneapolis Public Schools, 874 N.W.2d 213 (Minn. 2016) (appearing as amicus counsel)

Jan 01, 2016

OUTCOME: Affirmed the ruling for the plaintiff regarding the viability of whistleblower claims

Affirming that the limitations period for whistleblower claims under State law is 6 years

Employment and labor

Gerhardson v. Gopher News Co., 698 F.3d 1052 (8th Cir. 2012)

Jan 01, 2012

OUTCOME: Affirmed summary judgment for the union and against the employer on preemption grounds

Applying Garmon preemption broadly and dismissing the employer's State-law fraud claims

Civil rights

Lamont v. Indep. School Dist. No. 728, 814 N.W.2d 14 (Minn. 2012) (appearing as amicus counsel)

Jan 01, 2012

OUTCOME: Reversed the lower courts regarding the viability of harassment claims

Ruled that harassment need not be overt or explicit to have a valid harassment claim

Justin D. Cummins's Legal Cases (17)

Greene v. Minnesota Bureau of Mediation Services, 948 N.W.2d 675 (Minn. 2020) (appearing as amici counsel)

Minnesota Chamber of Commerce v. City of Minneapolis, 944 N.W.2d 441 (Minn. 2020) (appearing as amici counsel)

SMART Local Union No. 10 v. A-1, 447 F.Supp.3d 844 (D. Minn. 2020)

Kenneh v. Homeward Bound, Inc., 944 N.W.2d 222 (Minn. 2020) (appearing as amicus counsel)

Bierman v. Dayton, 900 F.3d 570, rhrg. and rhrg. en banc denied 900 F.3d 570 (8th Cir. 2018), cert. denied 139 S.Ct. 2043 (2019)

Friedlander v. Edwards Lifesciences, LLC, 900 N.W.2d 162 (Minn. 2017) (appearing as amicus counsel)

Sanchez v. Dahlke Trailer Sales, Inc., 897 N.W.2d 267 (Minn. 2017) (appearing as amicus counsel)

Ford v. Minneapolis Public Schools, 874 N.W.2d 213 (Minn. 2016) (appearing as amicus counsel)

Gerhardson v. Gopher News Co., 698 F.3d 1052 (8th Cir. 2012)

Lamont v. Indep. School Dist. No. 728, 814 N.W.2d 14 (Minn. 2012) (appearing as amicus counsel)