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Stephen F. Buterin
Steve is a litigation and appellate attorney with over 20 years of experience. Steve has successfully represented clients in various state and federal district and appellate courts, and arbitration proceedings before the American Arbitration Association and FINRA. He handles a wide array of cases, with a focus on construction matters, business advising and litigation, and appellate practice. As a former law clerk in the district court and at the Minnesota Court of Appeals, Steve gained unique insight into the judicial decision-making process. This experience has allowed him to work with clients to deliver cost-effective legal solutions that maximize the outcome for his clients.
Since 2014, Steve has been recognized by Minnesota Law & Politics as a Super Lawyer for his construction practice. This is a designation given to only five percent of lawyers in the State of Minnesota. Steve has counseled and represented project owners and developers, design professionals, contractors, and subcontractors throughout all phases of the construction cycle, from contract drafting, review and negotiation, loss prevention and risk management, dispute resolution, and, when necessary, through litigation and appeals.
In addition to his construction practice, Steve represents individuals and businesses in matters involving contract issues, noncompete agreements, severance agreements, wrongful discharge and whistleblower claims, insurance coverage, real estate, mortgage and mechanic's lien foreclosures, civil RICO claims, business defamation, violations of state and federal trade secrets statutes, tortious interference with contract and prospective business advantage, and claims under Minnesota’s consumer protection statutes, such as the Deceptive Trade Practices and Fraudulent Transfer acts.
As a respected appellate attorney, Steve has regularly appeared before the Minnesota Court of Appeals, Minnesota Supreme Court, and the Eighth Circuit Court of Appeals.He previously served on the Minnesota Supreme Court Advisory Committee on the Rules of Civil Appellate Procedure and is a past Chair of the MSBA Appellate Practice Section Governing Council.He has handled appeals involving design-professionals, mechanic’s liens, mortgage foreclosures, insurance coverage, land-use issues, and various commercial and business disputes.Steve also regularly consults with other attorneys regarding appellate procedure, appealability, record and issue preservation, and overall appellate tactics and strategy.Steve has given a number of continuing legal education programs on various aspects of successful appellate advocacy.
Education
- Gustavus Adolphus College, B.A.
- Hamline University School of Law, J.D.
- Mitchell Hamline School of Law,
Certificate in Cybersecurity and Privacy Law
Bar Admissions
- Minnesota
- Missouri
- Wisconsin
- United States Court of Appeals for the Eighth Circuit
- United States District Court for District of Minnesota
- United States District Court for Western District of Wisconsin
Legal Associations (Past and Present):
- Minnesota State Bar Association
- Construction Law Section (member)
- Appellate Practice Section Governing Council (member and Past Section Chair)
- Hennepin County Bar Association (member)
- Minnesota Supreme Court Advisory Committee on the Rules of Civil Appellate Procedure (past member)
- Minnesota Supreme Court Historical Society (former Board member)
Pro Bono Activities
- Volunteer Attorney, Appeal Self-Help Clinic sponsored by Minnesota Law Library and MSBA Appellate Practice Section, Minnesota Judicial Center.
Awards and Recognition:
- Recognized as a Super Lawyer by Minnesota Law & Politics magazine (2014-2025)
- Recognized as a Rising Star by Minnesota Law & Politics magazine (2004-2008)
Law Clerk
- First Judicial District - Hon. Patrice Sutherland (retired)
- Minnesota Court of Appeals - Hon. R.A. (Jim) Randall (retired)
Publications and Presentations
- Panel Member, Growing Your Appellate Practice, Appellate Practice Institute, MinnCLE, Minneapolis, MN, March 15, 2019
- Speaker, Cyber Security – Staying Safe Online Seminar, Northwoods Credit Union, Cloquet, MN, October 8, 2018
- Lecturer, Appellate Case Preparation from Start to Finish, National Business Institute, Web Seminar, March 1, 2016
- Lecturer, Appellate Briefs: Tips and Tactics, National Business Institute, Teleconference, December 7, 2012
- Lecturer, Pre-Appeal Considerations – Successfully Navigating the Appeals Process, National Business Institute, Web Seminar, May 31, 2012
- Lecturer, Drafting A Winning Appellate Brief – Successfully Navigating the Appeals Process, National Business Institute, Web Seminar, May 31, 2012
- Co-Lecturer, Appealability in Minnesota – The Fundamentals of Appellate Jurisdiction, Appellate Practice Institute, MinnCLE, Minneapolis, MN, March 2010
- Co-authored, Vol. 2, Mark J. Heley, Stephen F. Buterin & Brian Varland, State-by-State Guide to Construction Contracts and Claims, Chapter 36 North Dakota (Michael Dodd and J. Duncan Findlay eds.) (Aspen Publishers 2006-2019)
- Co-authored, Owner/Engineer Contracts – Form and Substance for presentation before American Council of Engineering Companies (ACEC) of Minnesota, Minneapolis, MN, December 2005
- Lecturer, Advanced Legal Writing Seminar for Paralegals, National Business Institute, Minneapolis, MN, July 2002
- Lecturer, Twin Cities Claims Association Luncheon, Current Issues in Motor Vehicle Liability Law, Bloomington, MN, March 2002
- Note, The Eighth Amendment and the State of Mind Requirement; Falls v. Nesbitt, 16 Hamline L. Rev. 417 (1993)
Representative Cases:
- City of Elk River v. Bolton & Menk, Inc., 2 N.W.3d 173 (Minn. 2024) (affirming district court’s certification of order dismissing third-party claims as final, partial judgment under Minn. R. Civ. P. 54.02, where court properly weighed policy against piecemeal appeals, the third-party claims were separable from principal claims, and delaying appeal would not simplify or expedite the proceedings).
- Zephier v. Agate et al., 957 N.W.2d 866 (Minn. 2021) (holding statute governing abandonment of tangible personal property did not abrogate common law of abandonment of tangible personal property and ex-girlfriend did not abandon dog under statute or common law abandonment of tangible personal property).
- Contractor’s Edge, Inc. v. City of Mankato, 863 N.W.2d 765 (Minn. 2015) (reversing court of appeals and ruling improperly certified partial summary judgment as final partial summary judgment does not result in immediately appealable partial judgment).
- Jaunich v. Wind Energy America, Inc., A11-889, 2012 WL 5769 (Minn. App. 2012), review denied (Minn. Feb. 28, 2012) (affirming district court denial of injunction to force corporation and its board to call annual shareholder meeting).
- Brothers Fire Protection Co. v. Heffron Props., A11-357, 2012 WL 118241 (Minn. App. Jan. 17, 2012) (reversing summary judgment in favor of mechanic’s lien claimants because genuine issues of material fact existed as to when the first actual and visible improvement on property began).
- Premier Bank v. Dan-Bar Homes, Ltd., A10-853, 2010 WL 4941681 (Minn. App. Dec. 2, 2010) (affirming district court ruling demolition and removal of house from property was separate improvement from the condominium project to which appellant mechanic’s lien claimants had contributed, rendering lender’s mortgage prior and superior to mechanic’s liens).
- Premier Bank v. Becker Dev., LLC, 785 N.W.2d 753 (Minn. 2010) (reversing district court award in favor of mechanics’ lien claimant and establishing rule that blanket mechanic’s lien may not be selectively enforced against less than all of the lots subject to the lien and must be enforced on pro rata basis against each lot subject to the lien).
- Dew v. Mathwig Dev. Co., A09-882, 2010 WL 1541294 (Minn. App. Apr. 20, 2010) (reversing trial court judgment awarding a $5.1 million mechanic’s lien and costs and attorney fees to contractor for 122-unit condominium project).
- Lake Superior Ctr. Auth. v. Hammel, Green & Abrahamson, Inc., 715 N.W.2d 458 (Minn. 2006), review denied (Minn. Aug. 23, 2006) (affirming judgment based on the jury’s finding engineering firm did not negligently design aquarium and district court’s award of costs and disbursements to engineer).
- Nelson v. Short Elliott Hendrickson, Inc., 716 N.W.2d 394 (Minn. App. 2006), review denied (Minn. Sept. 19, 2006) (affirming district court’s dismissal of plaintiff’s negligent-design claims based on statute of limitations).
- Aviation Charter, Inc. v. Aviation Research Group/US, 416 F.3d 864 (8th Cir. 2005) (affirming summary judgment dismissing plaintiff aviation charter company’s claims for business defamation and violations of Minnesota's Deceptive Trade Practices Act and the Lanham Act).
- Cameo Homes, Inc. v. Kraus-Anderson Constr. Co. et al., 2003 WL 22867640 (D. Minn. 2003), aff’d 394 F.3d 1084 (2005) (dismissing contractor's claims for breach of contract, negligence, defamation, fraud, intentional interference with prospective business advantage, civil conspiracy, and violation of Davis-Bacon Act).
- Travertine Corp. v. Lexington-Silverwood, 683 N.W.2d 267 (Minn. 2004) (reversing and holding nonassignment clause in contract applied and precluded assignment of right to payment to shareholder’s judgment creditor).
- Nelson v. Popovich, Civ. No. 02-2923 (D. Minn. Jan. 27, 2004) (obtained summary judgment for municipality, dismissing plaintiff homeowners’ civil RICO claims relating to municipality’s denial of building permits).
- Mutual Serv. Cas. Ins. Co. v. League of Minnesota Cities Ins. Trust, 659 N.W.2d 755 (Minn. 2003) (reversing court of appeals and holding marked police squad car is not a motor vehicle under Minnesota's No-Fault Insurance Act).
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