Kevin M. Decker
by Jane Pribek
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Born: March 8, 1976; New Hope, Minn.
Education: William Mitchell College of Law, J.D., 2001; University of Minnesota, B.S.B., 1998
Employment: Briggs and Morgan, associate, 2002-present; Minnesota Court of Appeals, law clerk to Judge Jill Flaskamp Halbrooks, 2001-02
Professional Associations: Hennepin County Bar Association, Minnesota State Bar Association
Community Activities: Minnesota Justice Foundation Board of Directors
Hobbies/Interests: Politics, sports
Family: Wife, Emily
Briggs and Morgan, P.A.
Education: William Mitchell College of Law, J.D., 2001; University of Minnesota, B.S.B., 1998
Employment: Briggs and Morgan, associate, 2002-present; Minnesota Court of Appeals, law clerk to Judge Jill Flaskamp Halbrooks, 2001-02
Professional Associations: Hennepin County Bar Association, Minnesota State Bar Association
Community Activities: Minnesota Justice Foundation Board of Directors
Hobbies/Interests: Politics, sports
Family: Wife, Emily
A little piece of paper changed the course of Kevin M. Decker’s legal career.
“On my first day of work there was a note on my chair saying they needed a project done on a case,” he recalls. “I’ve been working on it ever since.”
Decker is an associate with Briggs and Morgan, and the case was defending Canadian Pacific after its train derailment near Minot, N.D., in January 2002. The accident caused the release of massive amounts of toxic anhydrous ammonia — and thousands of personal-injury and property-damage claims.
The complex, high-profile lawsuits have been fought on several fronts: in state and federal courts, and against individual plaintiffs and classes.
In one case, Decker and the lead counsel on the case, Timothy R. Thornton, convinced a judge to dismiss the federal claims, citing preemption under the Federal Railway Safety Act. Congress then amended the act to reinstate the claims in state court. The constitutionality of those amendments is now being decided in the 8th U.S. Circuit Court of Appeals.
Whatever the outcome, Decker says he is grateful for the tremendous learning opportunity.
Decker has helped manage litigation and devise strategies throughout the case. He says his primary role, however, has been drafting the written advocacy connected with it.
He also played a significant role in drafting the pleadings and briefs in Hoffman v. Northern States Power, where his client, the utility, prevailed before the Minnesota Court of Appeals. The court ruled that regulated utilities are governed by tariffs filed with the Minnesota Public Utilities Commission, and can’t be held answerable to civil litigation claims regarding filed rates and services.
Decker says he obtained valuable training about legal writing as a law clerk to Judge Jill Flaskamp Halbrooks in the Minnesota Court of Appeals.
“Clerking was a fantastic opportunity. It gave me a leg up on the writing aspect of my job,” he says. “Clerking teaches you how to assemble tremendous amounts of facts and legal arguments, and organize them for the judge’s consideration. It helps you to see a case from different angles, as a judge does. Clerking really helped me to be able to hit the ground running and be confident in my writing skills.”
Decker earned his bachelor’s degree in accounting, but wasn’t keen on being an auditor for his entire career.
“I always enjoyed watching ‘Matlock’ on TV, and my parents will tell you I really liked to argue,” he quips. “But I suppose the real reason I went to law school was I didn’t want to go to work just then. I wanted to continue to learn, and law school seemed like the most logical place for me to go.”
