JMM_new
  • Jeffrey M. Markowitz
  • Shareholder
  • Co-Chair - Appellate Litigation
    Co-Chair - COVID-19 Task Force
  • Arthur Chapman Kettering Smetak & Pikala, P.A.
  • Minneapolis, Minnesota
  • 612-375-5917  direct dial
  • 612-339-7655  fax

  • jmmarkowitz@arthurchapman.com
LinkedIn vCard Print Arthur Chapman Kettering Smetak & Pikala, P.A.
Biography

Jeff is a passionate, experienced, relentlessly creative appellate advocate. He clerked for the Minnesota Court of Appeals for over two years. He taught appellate advocacy to law students. He co-chairs his firm’s appellate practice group. And he frequently appears on appeal. His appellate experience includes appeals involving the Minnesota Court of Appeals, the Minnesota Supreme Court, the Minnesota Workers’ Compensation Court of Appeals, the North Dakota Supreme Court, Wisconsin appellate courts, and the United States Supreme Court.

Are you involved in an appeal? He would love to lead your charge—or be a second set of eyes—to help make things right, or to defend the win. Are you wrestling with a knotty appellate question? Call him; he’d love to help you get it untangled. Would you like help preparing for your oral argument, possibly through a moot/practice argument? He would love to guest judge or otherwise be your sounding board.

When not on appeal, Jeff passionately fights for his clients in district/trial court to make sure right decisions are reached in the first place. He spends much of that time defending and counseling businesses and public entities in business disputes and employment matters.

Outside of the office, Jeff is an avid strategy-game player. He is also passionate about adoption and foster care, and is the proud father of his six-year-old adopted son.

Presentations

  • "Highlights of Property Coverage Claims" (co-presenter), Minnesota Claims Association, May 2023
  • “10 Litigation Tips for Defending Minnesota Public Employers” (co-presenter), Minnesota State Bar Association CLE, April 2023
  • "Civil Appeals A to Z: Post-Trial Motions,” Webinar, Minnesota CLE, August 2022
  • “Forget Plausibility – Three Tools to Help Your Motion To Dismiss Sing In Minnesota State Court,” Webinar, Minnesota CLE, April 2021
  • "How Do You Get to Carnegie Hall? The Importance of Moot Courts," Webinar, 2021 Appellate Practice Institute, Minnesota CLE, February 2021
  • “Navigating Your Next Appeal: Six Tips From a Former Clerk,” Webinar, Minnesota Defense Lawyers Association: New Lawyers Section, September 2020
  • “Reopening Businesses in Minnesota: Legal and Practical Considerations,” Webinar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2020
  • “Emerging and Expected COVID-19 Tort Theories and Issues,” Webinar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2020
  • “COVID-19 Class Actions and MDLs: Emerging and Expected Realities for Insurance Coverage, Tort, and Employment Litigation,” Webinar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., May 2020
  • “An Ounce of Prevention: Avoiding FFCRA and MWA Liability and Litigation,” Associated General Contractors of Minnesota HR Forum, April 2020
  • “Workplace Safety, Disability Accommodations, and Leaves in the COVID-19 Era,” Webinar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., March 2020
  • “Medical Marijuana 101: Workplace Edition,” Associated General Contractors of Minnesota HR Forum, February 2020
  • “Demystifying The Class Action: A Primer For Beginners,” Minnesota Construction Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., January 2019
  • “Forget Plausibility – Three Tools to Help Your Motion To Dismiss Sing In Minnesota State Court, Even After Walsh,” Minnesota Defense Lawyers Association, January 2019 Mid-Winter Conference
  • “Heroes or Hustlers of the ADA? The Rise and Reality of Private Enforcement of Title III,” Minnesota Construction Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., October 2017
  • "Surprised by Employment - Misclassification Issues in Minnesota’s Construction Industry," Minnesota Construction Law Seminar, Arthur, Chapman, Kettering, Smetak & Pikala, P.A., October 2016

Publications

Honors

  • Minnesota Rising Star®, Thomson Reuters, 2018-2023

Education

University of Minnesota Law School, J.D.
Pennsylvania State University, B.S.

Clerkship

Clerked for the Honorable Heidi S. Schellhas of the Minnesota Court of Appeals, 2012-14

Bar Admissions

Minnesota
Wisconsin
Supreme Court of the United States
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Eighth Circuit
U.S. District Court, District of Minnesota
U.S. District Court, District of North Dakota
U.S. District Court, Western District of Wisconsin

Professional Associations and Memberships

Federal Bar Association
Minnesota Defense Lawyers Association
Minnesota State Bar Association
Reel Hope Project, Board Member
State Bar of Wisconsin

Licenses

Minnesota
Wisconsin

Experience

Representative Cases

Does v. Independent School District No. 31, No. 0:20-cv-00226-SRN-LIB, Doc. 264 (Jan. 11, 2023). Secured summary judgment on most claims in favor of school-district defendant accused of Title IX and 42 U.S.C. § 1983 violations and negligence related to former employee’s alleged sexual abuse, followed by pre-trial settlement.

Daugherty v. Associated Anesthesiologists, P.A., et al., No. 62-CV-20-3947 (Minn. Dist. Ct. 2022). Served as appellate counsel for defense during a medical-malpractice trial that resulted in a defense verdict.

Bierbach v. Digger's Polaris, 965 N.W.2d 281 (Minn. 2021). On appeal, successfully argued that the federal Controlled Substances Act and aiding-and-abetting statute preempted state workers’ compensation order that ordered an employer and an insurer to reimburse an employee for medical marijuana.

Gross v. Prestige Parking & Valet LLC, No. A20-1635, 2021 WL 3136492 (Minn. Ct. App. July 26, 2021). On appeal, successfully defended summary judgment for parking garage, against a claim for negligent infliction of emotional distress, when there was no physical injury.

Alexander v. Ball, No. A20-1055, 2021 WL 2201491 (Minn. Ct. App. June 1, 2021). On appeal, successfully defended summary judgment for home buyer, against a claim for defamation based on the home buyer’s online customer review of contractor’s work.

Mead v. BNSF Railway Company, No. A20-1101, 2021 WL 1846592 (Minn. Ct. App. May 10, 2021). On appeal, successfully defended summary judgment for railroad on Federal Employers’ Liability Act (“FELA”) claim, arguing plaintiff’s mechanical-engineer expert lacked foundation to opine that inadequate railroad maintenance caused the driver’s seat of plaintiff’s vehicle to fail during a rear-end collision.

Three Aces Props. LLC v. United Rentals (N. Am.), Inc., 2020 ND 258, 952 N.W.2d 64. On appeal, successfully defended summary judgment for commercial tenant, defeating landlord’s multi-million-dollar damages claim.

Palmer, Tr. for Palmer v. Walker Jamar Co., 945 N.W.2d 844 (Minn. 2020). On appeal, submitted amicus brief on behalf of Minnesota Defense Lawyers Association regarding the accrual date for asbestos claims. (Justice Lillehaug referred to the brief as “excellent” during oral argument, and cited to it during questioning.)

Kenneh v. Homeward Bound, Inc., 944 N.W.2d 222 (Minn. 2020). On appeal, submitted amicus brief on behalf of Minnesota Defense Lawyers Association regarding what framework should govern sex-harassment claims in the employment setting under the Minnesota Human Rights Act.

Vill. Lofts at St. Anthony Falls Ass'n v. Hous. Partners III-Lofts, LLC, 937 N.W.2d 430 (Minn. 2020). On appeal, secured complete defense victory for general contractor in high-exposure, complex condominium-defect litigation from Minnesota Supreme Court, by obtaining partial reversal and partial affirmance of Minnesota Court of Appeals, and reinstatement of summary judgment.

Dickhausen v. St. Paul Pub. Sch., No. A19-0403, 2019 WL 4008050 (Minn. Ct. App. Aug. 26, 2019). On appeal, successfully defended summary judgment in employment-retaliation case for public school district.

Stephens v. Stephens, No. A18-1208, 2019 WL 1007789 (Minn. Ct. App. Mar. 4, 2019). On appeal, successfully defended summary judgment in Torrens property dispute for defendant property owner when co-owner plaintiff sought to, through reformation, eliminate defendant’s property interest.

Bonadies v. Windsor Windows, No. NNH CV-16-6063343S (Conn. Sup. Ct. June 29, 2018). Obtained summary judgment for window manufacturer in construction-defect case.

Wilson v. Northland College, No. 3:17-cv-0037-slc, 2018 WL 341749 (W.D. Wis. Jan. 9, 2018). Secured early dismissal of employment- and privacy-related claims against private college.

Wilmes v. Owatonna Hospitality, LLC, No. A16-1920, 2017 WL 3379076 (Minn. Ct. App. Aug. 7, 2017). On appeal, successfully defended summary judgment in personal-injury case for hotel when plaintiff speculated that the hotel pool, despite chlorination, caused a bacterial infection.

Doe v. Empire Entm’t, LLC, No. A16-1283, 2017 WL 1832414 (Minn. Ct. App. May 8, 2017). On appeal, successfully defended denial of plaintiff’s motion to proceed under pseudonym, an issue of first impression for Minnesota’s appellate courts.

Aragono, et al. v. Ku, et al., No. 16-cv-3907 (WMW/KMM) (D.Minn. March 21, 2017). Secured early dismissal of employment-related claims brought by 12 plaintiffs against client. Moved to dismiss all claims against client. See ECF Docs. 45, 47. Less than one month later, plaintiffs stipulated to voluntarily dismiss the claims. See ECF Doc. 59, 62.

Posey v. Securitas Sec. Servs. USA, Inc., 879 N.W.2d 662 (Minn. App. 2016). On appeal, obtained reversal of denial of unemployment benefits, resulting in a published opinion.

Buffa v. Windsor, No. 14 CVS 134 (N.C. Trial Ct. Oct. 1, 2015); Buffa v. Cygnature Constr. & Dev., Inc., 796 S.E.2d 64 (N.C. Ct. App. 2016). Obtained summary judgment for window manufacturer in construction-defect case and, on appeal, successfully defended summary judgment.

Practice Areas

Legal Team