The Minnesota Building Code means what it says, the Minnesota Court of Appeals recently ruled, affirming a summary judgment ruling obtained by Jason Prochnow. The construction-defect case involved a lawsuit by a general contractor who sued a masonry subcontractor for installing a single layer of 15-pound felt behind stone veneer siding that the subcontractor had installed on a house in Minnesota. A district court judge dismissed the lawsuit last year after finding that the 15-pound felt was... Read more →
Interest does not accrue on money that is paid before it was due. That was the common-sense ruling recently obtained by Eric Steinhoff and João Medeiros in a lawsuit against a homeowners’ insurance company. The insurance company had helped the insured homeowners rebuild after their house had been damaged in a fire. Then, after a disagreement over the amount of the final payment, the insurance company and the homeowners asked a panel of appraisers to value the loss. The insurance company... Read more →
For 2016-2017, Timothy Jung has been appointed Chair-elect of the Workers’ Compensation and Employers’ Liability Committee of TIPS - the Tort Trial and Insurance Practice Section of the American Bar Association.
Lind Jensen Sullivan & Peterson successfully moved to dismiss a personal injury action based on a recent change to Minnesota’s “hip pocket” service rule, defeating a 7.5-year-old claim for more than $50,000 in damages. The plaintiff had alleged that he slipped and fell on a staircase at the defendant’s apartment complex in December 2008. The plaintiff did not serve his summons and complaint on the owner until December 2014, mere days before the six-year statute of limitations... Read more →
Lind, Jensen, Sullivan & Peterson, P.A. is very pleased to announce that Amber Garry has been elected as a firm shareholder. Amber focuses her practice on representing businesses and individuals against professional liability and malpractice claims, and advises hospitals and clinics on compliance with federal and state privacy laws. She also represents healthcare providers in their dealings with professional licensing boards. Amber has successful pre-trial dispositive motion practice... Read more →
Lind, Jensen, Sullivan & Peterson, P.A. congratulates Connie Armstrong for her election as President of the Minnesota Women Lawyers. A copy of the MWL press release can be found here : MWL Press Release
Minnesota law protects members of specialized professions such as doctors, lawyers, or accountants from frivolous malpractice lawsuits by requiring plaintiffs to submit a declaration from an expert in the professional field attesting that the claim has merit. Attorneys Eric Steinhoff and João Medeiros recently invoked this law to obtain dismissal of a legal malpractice suit brought against a local divorce attorney. The plaintiff was a client who had asked the attorney to represent her in a... Read more →
Minnesota common law does not recognize a separate claim of “gross negligence.” That is the conclusion reached by a district court judge in dismissing a lawsuit brought against a local health club represented by attorneys Brian Wood and João Medeiros. Instead, Minnesota courts only apply the concept of “gross negligence” when required to do so because the legislature has use the term in a statute or the parties have used the term in a contract. The plaintiff was a member of the health... Read more →
Lind, Jensen, Sullivan & Peterson is proud to announce that Jack Moore and Amber Garry have been named North Star Lawyers by the Minnesota State Bar Association. This honor recognizes the strong commitment that each of these attorneys made to providing legal services to those in need in 2015. The Minnesota State Bar Association’s North Star Lawyer program recognizes attorneys who provided a minimum of 50 hours of pro bono services to the community in a one-year period.
Lind Jensen Shareholders Tom Jensen and Liz Brotten will speak at the Forum on Environmental and Toxic Tort Issues (FETTI) conference to be held September 21-23, 2016 at the Union League Club in Chicago. Their presentation will address the rapidly growing litigation in which female plaintiffs allege that they have developed ovarian cancer as a result of their use of products containing talcum powder. Jensen and Brotten will address disease data, scientific findings, litigation strategies, and... Read more →
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Thomas J. Evenson along with David Riley from Schechter Dokken Kanter will be presenting “I’ve Been Damaged – I Want Money” at the IASA Annual Education Conference and Business Show in San Antonio, Texas on June 14, 2016.
Jack Moore recently successfully defended a case in Hennepin County District Court where plaintiff sustained a serious injury when his girlfriend drove over his foot with her car while backing out of the driveway. A few moments earlier the two got into an argument during which plaintiff’s mood turned ugly. Based on prior physical abuse, the girlfriend feared that plaintiff might soon hit her, so she ran to her car to get away. Plaintiff was standing next to the car and pounding on the window... Read more →
Tim O’Connor and Bill Davidson recently were successful in defending St. Matthew Evangelical Lutheran Church and two of its pastors against defamation claims from two excommunicated church members. The Minnesota Supreme Court affirmed the dismissal of the lawsuit, agreeing with both the district court and the Court of Appeals “that the First Amendment prohibits holding an individual or organization liable for statements made in the context of a religious disciplinary proceeding when those... Read more →
Bill Davidson and Lind, Jensen, Sullivan & Peterson, P.A. represented the Minnesota Defense Lawyers Association as an amicus curiae, or “friend of the court” in a recently-filed brief with the Minnesota Supreme Court. The case, LaPoint v. Family Orthodontics, P.A., A15-0396, addresses a claim of pregnancy discrimination. Following a court trial, the district court found that the dental clinic did not discriminate against a job applicant. The Minnesota Court of Appeals reversed, 872... Read more →
On April 19, 2016, Lind, Jensen, Sullivan & Peterson, P.A. presented a live online webinar which provided a summary of current law and updates on law developments in the states of Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota. The webinar consisted of 5 separate 20 minute presentations summarizing law updates in the areas of civil litigation relevant to your practice, including updates on topics such as negligence, indemnification, contract, and other law developments... Read more →
Lind, Jensen, Sullivan & Peterson is pleased to announce that three of its women attorneys have been recognized by Super Lawyers® as among the 2016 “Top Women Attorneys in Minnesota.” The list includes Connie Armstrong, Elizabeth Sorenson Brotten and Amber Garry. The selections were made from the women attorneys who were selected as 2015 Minnesota Super Lawyers and Rising Stars and were featured in the April 2016 issues of Twin Cities Business and Mpls. St. Paul Magazine. Super... Read more →
An insurance company client represented by Tim O’Connor and Elizabeth Brotten was recently dismissed via summary judgment in a declaratory judgment action in U.S. District Court for the District of Minnesota. Lind Jensen’s client asserted that the homeowners policy it issued did not provide coverage for personal injuries arising out of its insured’s operation of a John Deer Gator utility vehicle owned by a vineyard. The accident at issue happened on the vineyard’s property. ... Read more →
Matt Sloneker was recently awarded a Golden Gavel award by Westfield Insurance Group for obtaining summary judgment on behalf of a general contractor client in a multi-million dollar construction defect case.
Elizabeth Sorenson Brotten, a shareholder at Lind, Jensen, Sullivan & Peterson, P.A. authored the North Dakota Chapter for the 2016 Edition of the Defense Research Institute’s Duty to Defend Compendium. The Duty to Defend Compendium analyzes whether an insurer has a duty to defend its insured and the extent of that duty. The Compendium surveys the law and provides guidance for insurance professionals to navigate through these issues under the law of every jurisdiction in the... Read more →
Mr. Peterson and Ms. Garry obtained a defense verdict following an eight-day jury trial in Hennepin County. The plaintiff sued the defendant neurologist and neurology clinic alleging defendants failed to diagnose an infection in her spine, resulting in permanent paraplegia. Plaintiff sought damages in excess of $6 million. The jury returned a defense verdict, finding no negligence.
Ms. Garry won a grant of asylum for a refugee client from Mexico and her two daughters. Ms. Garry handled the case on a pro bono basis through The Advocates for Human Rights.
Tim Jung will be speaking at the American Bar Association Midwinter Workers’ Compensation Conference (Tort Trial and Insurance Practice Section) in New Orleans, LA on March 12th. He will lead a panel discussion concerning medical marijuana and its impact on the work place including workers’ compensation.
On January 27, 2016, Attorneys Bill Davidson and João Medeiros obtained a summary judgment that dismissed the claims brought against local non-profit DARTS, Inc. by Kevin Raun and Robert Loeffler. Raun and Loeffler quit their positions at DARTS in 2014. In their lawsuit, they asserted that DARTS was liable for defamation and for retaliating against them in violation the Minnesota Whistleblower Act. They also alleged that former DARTS executives Gregory Konat and Subramanian “Kris”... Read more →
Connie Armstrong co-presented "Avoiding Common Pitfalls: Practice Tips from the Pros: Cases Involving a Product Manufacturer in a Construction Dispute" for a Joint MDLA meeting with Liz Poeschl of Meagher & Geer on February 16, 2016.
Matt Sloneker and Brian Wood obtained summary judgment on behalf of a general contractor in a construction defect lawsuit alleging more than $1.5 million in damages. They successfully argued that the plaintiff’s claims accrued more than two years before it brought suit, and that the 10-year statute of repose also barred the plaintiff’s claims. The Court agreed that the plaintiff’s claims against the contractor failed as a matter of law and dismissed all claims against the... Read more →
Lind, Jensen, Sullivan & Peterson, P.A. is very pleased to announce that Elizabeth Sorenson Brotten has been elected as a firm shareholder. Liz is a civil litigator who focuses her practice on defending clients in high-risk toxic tort, product liability, and general liability cases in Minnesota, North Dakota, South Dakota, and Wisconsin. She was named an “Up & Coming Attorney” in 2010 by Minnesota Lawyer and has been selected to the Minnesota Rising Star List, published by Super... Read more →
Jack Moore recently obtained an emergency temporary restraining order blocking a landlord’s attempt to evict Jack’s client, a single mother of two young children, from her house. The landlord wrongly claimed the client hadn’t paid rent, and served the eviction notice just before Christmas. Jack produced evidence the rent has in fact been paid. The court ordered the eviction be suspended until further notice.
Ryan Myers co-authored and article which appeared in the latest edition of the DRI's Newsletter of the Young Lawyers Committee, The Whisper. The article is titled Hamstrung Health Care Providers: The Dangers of Overlooking the Medical Privacy Minefield in the Defense of Agency Investigations of Employment Discrimination.
Lind Jensen Sullivan & Peterson P.A. was named as the Top Mid-Sized Litigation Firm in Minnesota for 2015. This will appear in the 2015 Super Lawyers Business Edition which is coming out in November.
Elizabeth Sorenson Brotten has been selected to serve on the Defense Research Institute’s (DRI) Women in the Law Steering Committee for 2015-2016. DRI is the leading national organization of defense attorneys and in-house counsel. The Women in the Law Committee connects the more than 6,000 women who are DRI members by providing opportunities to develop and strengthen relationships, facilitating business growth, and supporting career advancement by providing a forum for leadership,... Read more →
Tom Jensen and Elizabeth Sorenson Brotten presented “Impact of the Reptile Strategy on Personal Injury Verdicts and How to Stop It” to RAM Mutual Insurance Company on October 13, 2015 in Esko, Minnesota.
Tom Jensen presented “Accelerating in Neutral: Starting a Successful Mediation/Arbitration Practice From the Ground Floor Up” at the Defense Research Institute’s Annual Meeting on October 9, 2015 in Washington, D.C.
Tom Jensen spoke on defense of informed consent claims in physician professional negligence cases at the NCMIC panel counsel conference in Scottsdale, Arizona on September 24, 2015
DRI, The Voice of The Defense Bar, appointed Mark Fredrickson as State Representative for Minnesota at DRI’s 2015 Annual Meeting in Washington DC. He will serve a three year term acting as DRI’s liaison to the Minnesota civil defense community. DRI is the largest civil defense bar organization in the country, at approximately 22,000 members, and takes a leading role in continuing education, advocacy, including Amicus Briefs in the U.S. Supreme Court and testimony before Congress regarding... Read more →
On October 16, 2015, Thomas J. Evenson and Patrick J. Larkin will be presenting “Effective Use of Experts in Construction Lawsuits” at the Premier Midwest Construction Defect and Dispute Conference. This conference is being held at the Minneapolis Convention Center.
Jason Prochnow recently helped his stone masonry subcontractor client win summary judgment dismissal of a $700K construction defect lawsuit for moisture intrusion and property damage, allegedly caused by defects in his client’s stone veneer masonry work. As background, the Plaintiff General Contractor had absorbed and paid an earlier $700k arbitration award in favor of the homeowners, which had focused upon the extent of the water damage, allegedly caused by the contractors’ failure to... Read more →
Katie Storms will be speaking at the MDLA's mid-winter conference on Emerging Trends in Workers' Compensation Litigation. The conference will be held January 29-31, 2016.
Mark Fredrickson and Lauren D’Cruz recently wrote an article for the MDLA’s Minnesota Defense magazine discussing whether fault can be apportioned between a tortfeasor who acted negligently and a tortfeasor who committed an intentional tort. Although this question has not been settled by Minnesota courts, the policies underlying the Minnesota Supreme Court’s holding in Staab v. Diocese of St. Cloud, 853 N.W.2d 713 (Minn. 2014) clear the way for the application of comparative fault... Read more →
The Minnesota Supreme Court recently held in Allan v. R.D. Offutt that permanency ratings (work-related or not) that do not impact employability may not be used to meet the permanency threshold required to pursue a claim for permanent total disability benefits . This is a significant development in favor of employers and insurers. Injured workers can no longer combine non-work related disabilities that have no impact on their ability to secure employment with their work-related permanency... Read more →
Brian Wood, Bill Davidson, and Peter Stiteler successfully defended their clients, a rental car company and its insurer, against a declaratory judgment action brought by a plaintiff passenger injured while riding in a car rented from the car company. Plaintiff, without first obtaining judgment against the driver, sought a declaration from the district court that the insurance policy provided coverage to the rental car. Lind, Jensen, Sullivan & Peterson argued plaintiff lacked standing... Read more →
Mark Fredrickson co-edited the Minnesota Defense Lawyers Association Presidents' Manual, a compilation of chapters written by former MDLA Presidents and published in conjunction with the MDLA’s Annual Meeting and Trial Techniques Seminar held August 13-15, 2015 in Duluth, Minnesota. In addition to co-editing the book, he wrote a chapter, “Workers’ Compensation Bar Against Suits Against an Employer” that covers Minnesota law generally preventing employees from suing their employers in... Read more →
After eight years of service to the MDLA, an organization of approximately 650 civil defense trial lawyers dedicated to promoting the profession, educating defense lawyers, protecting the rights of defendants in civil actions and improving the administration of justice, Fredrickson’s term as President Emeritus ended at the MDLA’s Annual Meeting in Duluth on August 13, 2015. He will continue to be active in the organization and anticipates serving as DRI’s Minnesota State Representative... Read more →
At its Annual Meeting and Trial Techniques Seminar in Duluth, Minnesota, the MDLA elected Matt to his first two year term on the board of directors. Matt is a partner in the firm and has been actively involved in leading MDLA committees, including the Construction law committee, for many years. The MDLA is an organization of approximately 650 civil defense trial lawyers dedicated to promoting the profession, educating defense lawyers, protecting the rights of defendants in civil actions and... Read more →
Lind Jensen is pleased to announce that attorneys Elizabeth Sorenson Brotten and Peter Stiteler have been selected to serve in leadership positions on DRI’s Young Lawyers Steering Committee. DRI is the leading national organization of defense attorneys and in-house counsel. The Young Lawyers Committee is comprised of lawyers practicing across every substantive area within the defense bar. Brotten will serve as the Public Service Liaison Chair for the steering committee, while Stiteler will... Read more →
Connie Armstrong, a shareholder at Lind, Jensen, Sullivan & Peterson, P.A., has been elected to the office of President-Elect for Minnesota Women Lawyers 2015-2016. Minnesota Women Lawyers (MWL) is an association of over 1300 attorneys, judges, and legal employers who are committed to advancing the success of women attorneys. Press Release - MWL Elects New Officers
Lind, Jensen, Sullivan & Peterson, P.A. is pleased to announce that 11 lawyers have been named Super Lawyers™ and an additional 4 lawyers have been named Rising Stars™ by Minnesota Super Lawyers. 2015 Minnesota Super Lawyers William L. Davidson Appellate Mark A. Fredrickson PI General: Defense Thomas D. Jensen Civil Lit: Defense Patrick J. Larkin Construction Litigation Richard A. Lind Business Litigation Jack D. Moore PI General: Defense Timothy J.... Read more →
Brian Wood, Eric Steinhoff, and Lauren D’Cruz successfully obtained a summary judgment dismissal on behalf of their insurer client in which the insurer argued that its policy did not provide $1 million in UIM coverage for an accident involving a vehicle driven by the plaintiff, an employee of the insured, and a tractor trailer in Minnesota. The United States District Court, District of Minnesota, agreed, reasoning that the plaintiff’s claim for UIM benefits failed under the plain terms of... Read more →
Thomas J. Evenson, a Shareholder at Lind, Jensen, Sullivan & Peterson, P.A., was reappointed by Minnesota Governor Mark Dayton as a public member for the Minnesota Automobile Assigned Claims Bureau from June 24, 2015, to January 2, 2017.
Elizabeth Sorenson Brotten's article, “Every Move You make, Every Step You Take, I’ll be Watching You”: Is Wearable Data Your Next Discovery Tool in Personal Injury Litigation? was published in the Defense Research Institute's The Whisper.