Thomas M. Darden

Tom’s legal and business background enables him to provide clients with litigation and general business advice on a broad range of complex commercial issues.  In addition, he has been involved in a wide variety of local, regional, and national alternative dispute resolution matters.  Areas of particular experience include complex business contract dispute and drafting advice, commercial property and liability insurance coverage disputes, complex case defense representation, personal injury claims, and employment litigation.  Specific cases have involved salmonella contaminated ice cream, stress corrosion cracking of turbine blades at a nuclear power plant, advertising injury coverage claims, property damage and business interruption losses arising from roof collapses, ethanol companies’ disagreement relating to a management agreement, a catastrophic explosion at a chemical plant, cracking of a pulp mill digester resulting in a catastrophic explosion, and wrongful terminations of employees.

Representative Matters

Schwan’s Sales Enterprises, Inc. v. Associated Milk Producers, Inc. (successfully represented a trucking company from multi-million dollar claims arising where salmonella in the manufacturer’s ice cream caused personal injury, plant and supply-chain shutdowns, and government investigations)

Taunus Corporation v. Allianz Insurance Company (Insurance coverage action and related appraisal involving claims in excess of $1 billion arising from property damage and other claims related to 9/11)

Comes v. Microsoft Corp. (consumer class action against Microsoft in Iowa that settled in February, 2007 for $180 million)

Commonwealth v. Stone Container (summary judgment obtained in insurer’s favor in an insurance coverage case arising from a major explosion and resulting in claimed damages in excess of $26 million)

CIGNA Property and Cas. Ins. Co. v. Diocese of Crookston (successfully limited and resolved multi-million dollar claims against the Diocese arising from sexual abuse of minors by a priest)

Glacial Lakes Energy LLC v. Granite Falls Energy, LLC (successful representation and settlement of a dispute arising from a management agreement between two ethanol companies)

Detroit Edison Co. v. American Nuclear Insurers (successful resolution of a property damage claim in excess of $19 million for stress corrosion cracking of turbine blades at a power company)

Hoechst Celanese Corp. v. American Risk Management, Inc. (successful defense of insurance company and resolution of claims arising from a catastrophic explosion at a chemical facility)

Lanzel v. Perkin-Elmer Corp./Kemper Ins. Cos. (successful settlement of claims against a company arising from an accident which resulted in extensive burns/personal injury to an employee) 

Lerio Corp. v. Wausau Underwriters Ins. Co. (obtained summary judgment for insurer which was upheld on appeal denying advertising injury claims)

Liberty Mutual Property v. SuperValu, Inc. (successful representation involving property damage and business interruption claims arising from a store roof collapse)

Commerce at the Crossings v. Kemper Insurance Company ($.5 million claim for water damage to an office condominium building was successfully resolved without payment by insurer)

Ostertags v. Dynex Industries, Inc. (successful defense of a company against employee’s personal injury claims)

Michael Foods, Inc. v. Allianz Insurance Company (obtained summary judgment in $2.5 million claim for property damage and business interruption loss arising from a roof collapse at an agricultural facility)

Professional Affiliations

• American Bar Association
• Minnesota State Bar Association
• Hennepin County Bar Association

Pro Bono Activities

• Tom provides volunteer representation on behalf of the Children’s Law Center and has also assisted other persons who are unable to hire an attorney. He manages the firm’s charitable contributions budget and related activities. Tom is a board member of the Minnesota Skating Scholarship Foundation and is active in other community groups and organizations.