Skip to content
  • CAREERS
  • CONTACT US
Search
Close
anthony ostlund logo
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
Menu
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS

Settlement Reached in Disability Rights Class Action Lawsuit

  • July 29, 2022

On Wednesday, July 27, 2022, Senior United States District Judge Donovan Frank of the District of Minnesota granted preliminary approval to a settlement agreement reached by the parties in Murphy, et al. v. Harpstead, U.S. District Court File No. 16-cv-02623, a significant federal court civil rights lawsuit brought on behalf of a class of people with disabilities living in group homes. Anthony Ostlund served as co-counsel with Mid-Minnesota Legal Aid, and its affiliate the Minnesota Disability Law Center, and Nichols Kaster, PLLP in this case spanning six years. The suit asserts that group home residents have been denied appropriate choice and opportunity to live more independent and integrated lives of their own choosing in the community.

 

“Our firm’s longstanding commitment to pro bono work and to Legal Aid in particular made our decision to take on this major pro bono assignment an easy one,” said Joe Anthony, reflecting on the lifespan of this case. This matter came to Anthony Ostlund in 2015 when Mr. Anthony was asked by the executive director of Legal Aid if we would consider joining Legal Aid in impact litigation challenging the state’s overreliance on group home placements.

 

“The settlement is a great result, with important structural relief for the class, including a requirement that people with disabilities living in group homes who request an opportunity to live independently be provided with access to services to help meet that goal,” said Steve Pincus, one of the attorneys from Anthony Ostlund who has been with the case since the beginning. “The Named Plaintiffs are very pleased with the result.”

 

The settlement also includes an agreement by the Department of Human Services to pay $1.138 million in attorneys’ fees and costs, which is the largest attorneys’ fees award received by Mid-Minnesota Legal Aid in its more than 100-year history. Anthony Ostlund handled this case on a pro bono basis and donated all attorneys’ fees to Legal Aid, which Legal Aid will use to advance the rights of people with disabilities in Minnesota and improve the lives of the most vulnerable members of our community.

 

The Plaintiffs asserted constitutional claims under the 14th Amendment and claims under the Americans with Disabilities Act and the Rehabilitation Act. The legal team overcame a motion to dismiss, obtained class certification, prevailed in an attempted interlocutory review, defeated a summary judgment motion and motions to exclude Plaintiffs’ experts, and succeeded on Plaintiffs’ own partial summary judgment motion.

 

“The scope of the case was enormous,” said Anthony Ostlund attorney Pete McElligott, “The legal team dealt with millions of pages of documents, over 80 depositions in two rounds of discovery, and numerous discovery motions.”

 

After multiple rounds of mediation with the magistrate judge and lengthy delays due to Covid–which has had a disproportionate effect on our clients–the case was set for trial on July 11th. Shortly before trial, the parties participated in a two-day mediation with retired Judge James Rosenbaum and arrived at the present settlement.

 

The great outcome we reached in this case was the result of an extraordinary effort with Legal Aid and Nichols Kaster.  The Anthony Ostlund team included Joe Anthony, Steve Pincus, Pete McElligott, and Shannon Flinn.  Special thanks go to the firm as a whole for supporting this important work.

 

Anthony Ostlund has a long and distinguished history of community service and pro bono work, led by Joe Anthony and Rich Ostlund. This case is emblematic of that work. A core principle of our firm is our commitment to giving back to our community, as we have done here. Legal Aid is extremely grateful to our firm for our work on this case and for our ongoing support of Legal Aid.

related attorneys

Loading...

Joseph W. Anthony

Shannon L. Flinn

Peter J. McElligott

related practice areas

Loading...
AO-logo-initials

90 SOUTH 7TH STREET, SUITE 3600
MINNEAPOLIS, MN 55402
P 612.349.6969       F 612.349.6996

 

© 2021 ANTHONY OSTLUND LOUWAGIE DRESSEN BOYLAN P.A.
ALL RIGHTS RESERVED.

  • 651•312•6500
  • 651•312•6618
  • People
  • Litigation
  • Successes
  • News
  • About
  • Fee Arrangements
  • Careers
  • Contact
  • People
  • Litigation
  • Successes
  • News
  • About
  • Fee Arrangements
  • Careers
  • Contact
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
  • PEOPLE
  • LITIGATION
    • APPEALS
    • COMPLEX COMMERCIAL LITIGATION
    • EMPLOYMENT LITIGATION
    • FRAUD AND FIDUCIARY DUTY
    • FINANCIAL LITIGATION
    • OWNER/SHAREHOLDER DISPUTES
    • PLAINTIFF CONTINGENCY CASES
    • PROFESSIONAL MALPRACTICE
    • REAL ESTATE LITIGATION
    • TRUSTS AND ESTATES LAW
  • SUCCESSES
  • NEWS
  • ABOUT
  • FEE ARRANGEMENTS
search
disclaimer
Linkedin
Join Our Email List

© 2021 ANTHONY OSTLUND LOUWAGIE DRESSEN BOYLAN P.A. ALL RIGHTS RESERVED.

This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Cookie settingsACCEPT
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT