Contact Information

john.hinderaker@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402
T: +1 612 766 8430
F: +1 612 766 1600

Education

Harvard Law School
J.D., cum laude (1974)
Dartmouth College
A.B., magna cum laude, Phi Beta Kappa (1971)

Bar Admissions

Minnesota

Court Admissions

U.S. Court of Appeals for the Eighth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. District Court for the District of Minnesota

John H. Hinderaker

Partner

For more than 40 years, John Hinderaker has had a broad-based and varied commercial litigation practice. A veteran of 100 jury trials, he has appeared in courts in 17 states. John has been honored as one of Minnesota's 40 top commercial litigators and as one of the state's 100 best lawyers. In recognition of his achievements, the Journal of Law and Politics named John Minnesota's "Super Lawyer of the Year" in 2006. In 2010, he was voted one of Minnesota's most respected lawyers by his peers. He is also listed in The Best Lawyers in America in the fields of antitrust and construction.

John has represented clients in such diverse areas of litigation as antitrust, construction, product liability, intellectual property, Lanham Act, trade secrets and the First Amendment. He also is experienced in class action litigation.

Construction Litigation

  • He represented Target Corporation in connection with litigation involving over $80 million worth of improper asphalt paving work performed on Target stores throughout the United States. Settlements have been reached with several defendants to date.
  • He won the largest case that was tried in Colorado in 2010, with $200 million in claims and counterclaims, on behalf of the owner of a $1.3 billion power plant project.
  • He represented the Southeast Wisconsin Professional Baseball Park District in litigation arising out of the construction of Miller Park, home of the Milwaukee Brewers. Beginning by defending an $87 million claim against the District, he ultimately obtained a $33 million net recovery in the District's favor.
  • Representing a construction manager that was terminated for cause from a $50 million condominium project in Wisconsin, he defeated a $6 million damage claim and obtained a $5 million judgment against the developer/owner, as well as a cash recovery from the construction lender and a written apology by the developer and lender.
  • He won a trial victory on behalf of an architectural firm in a case in which the plaintiff alleged that failure to control costs led to the failure of a major mixed-use development project.
  • He won a $4 million arbitration award on behalf of a piping subcontractor in a case arising out of refinery construction in Utah.
  • He represented the nation's largest insurance company in asserting claims and defending counterclaims totaling more than $50 million, arising out of the construction of a $290 million facility.
  • He obtained a $6 million recovery on behalf of a major medical center in a case arising out of the settlement of the ground floor slab in a medical care facility.
  • He represented the mechanical contractor in lawsuits arising out of the repeated deflations of the HHH Metrodome roof.
  • He won a defense verdict in favor of a developer in a multimillion dollar case involving allegations of breach of contract and fraud relating to a shopping center development.
  • He won a $1.2 million jury verdict in favor of a highway contractor in a breach of contract case against another contractor. Richard Knutson, Inc. v. C. S. McCrossan, Inc., 1994 WL 25506 (Minn. App. 1994).
  • He won a landmark victory in the Minnesota Court of Appeals on behalf of a surety that was sued for fraud and breach of contract in connection with a highway project in Arkansas. D. H. Blattner & Sons, Inc. v. Firemen's Ins. Co., 535 N.W. 2d 671 (Minn. App. 1995).

Antitrust Litigation

  • He represented a manufacturer of finishing equipment in connection with a $650 million acquisition which the Federal Trade Commission sought to enjoin.
  • He successfully defended the world's largest syringe manufacturer in antitrust litigation brought by a competitor.
  • He obtained a recovery on behalf of a manufacturer of ice cream cones and wafers in antitrust litigation against a competing manufacturer.
  • He represented one of the world's largest seed companies before Congress and federal agencies in antitrust matters relating to the biotech seed industry.
  • He represented a major chemical company in antitrust and Lanham Act litigation, venued in Delaware and South Carolina, involving herbicides and genetically modified crops, heading a team of more than 30 lawyers and staff.

Other Commercial Litigation

  • He represented one of the country's largest manufacturers in a series of unfair competition cases involving purportedly false advertising. Porous Media Corp. v. Pall Corp., 110 F.3d 1329 (8th Cir. 1997); Porous Media Corp. v. Pall Corp., 173 F.2d 1109 (8th Cir. 1999); Porous Media Corp. v. Pall Corp., 186 F. 3d 1077 (8th Cir. 1999); Porous Media v. Pall Corp., 201 F.3d 1058 (8th Cir. 2000).
  • He represented the Minnesota Timberwolves in litigation arising out of the proposed sale of the Timberwolves to New Orleans interests.
  • On behalf of the principal lender to the Galtier Plaza project in St. Paul, he supervised a broad range of litigation arising out of that development, including claims against the construction manager, various contractors, design professionals, a title insurance company and the local taxing authority.
  • He won a significant First Amendment victory for two college professors in an academic freedom case. Burnham v. Ianni , 899 F.Supp. 395 (D. Minn. 1995); aff'd, 119 F.3d 668 (8th Cir. 1997); see "Burnham v. Ianni: The Eighth Circuit Forges Protection for the Free Speech Rights of Public University Professors Outside the Pickering-Connick-Waters Analysis," 32 Creighton Law Review 883 (1999).

Production Liability Litigation

  • He defended two chemical manufacturers against claims asserted by 250 sugar beet growers in western Minnesota.
  • He represented a major chemical company in a lawsuit by a seed corn company, in which it was alleged that a fungicide caused millions of dollars in damages to hybrid seed corn.
  • He won a defense verdict on behalf of an equipment supplier in a $40 million lawsuit arising out of the failure, due to noxious odors, of a composting facility in Florida. U.S. West Financial Services, Inc. v. Buhler, Inc., 150 F.3d 929 (8th Cir. 1998).

Class Actions

  • He won a settlement valued at up to $200 million on behalf of three nationwide classes, totaling more than one million people, in class action litigation against a manufacturer of defective water heaters. The settlement was later reversed as insufficiently favorable to the corporate defendant.
  • He tried $100 million in claims under the Alaska Tort Claims Act on behalf of approximately 700 Alaska residents who lost homes or other property in the Miller's Reach Fire of 1996. Bartek et al. v. State of Alaska, 31 P.3d 100 (Alas. 2001); Angnabouguk et al. v. State of Alaska, 26 P.3d 447 (Alas. 2001).

Honors

  • Who's Who in America
  • Who's Who in American Law
  • The Best Lawyers in America — Antitrust Law and Construction Litigation, 2007-15 (Minnesota Construction Litigation Lawyer of the Year, 2015)
  • Super Lawyers — Business Litigation, 2007–11
  • Journal of Law and Politics — Minnesota's Super Lawyer of the Year, 2006