Amber Garry Won a Grant of Asylum for Refugee Client
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 Speaking at ABA Midwinter Workers’ Compensation Conference
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.
Bill Davidson and João Medeiros Obtain Summary Judgment for Local Non-Profit
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” Krishnan wrongfully interfered with their employment relationship with DARTS. The Dakota County District Court dismissed all of the claims. The Court stated that all of the allegedly defamatory statements were substantially true and were made upon a proper occasion, from a proper motive, and based on probable cause. The Court stated that DARTS did not penalize or retaliate against either plaintiff. The Court also concluded that neither plaintiff “blew the whistle,” and noted that each had voluntarily left his position with DARTS.
Connie Armstrong Presents at Joint MDLA meeting
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 Obtain Summary Judgment
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 client.
Elizabeth Sorenson Brotten Elected as a Shareholder of Lind, Jensen, Sullivan & Peterson, P.A.
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 Lawyers, each year since 2011. Active in the defense bar, Liz serves on the national steering committees for DRI’s Toxic Tort and Environmental, Women in the Law, and Young Lawyers committees. Locally, she serves as the Vice Chair of the Minnesota Defense Lawyers Association’s Products Liability Committee. Her volunteer efforts include service on the board of directors of two nonprofit organizations, the Hennepin County Bar Foundation and Norway House. Liz is a graduate of Concordia College and William Mitchell College of Law.
Elizabeth Sorenson Brotten Selected to DRI’s Women in the Law Steering Committee
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, education, and professional development.
Brotten’s appointment to the Women in the Law Steering Committee continues her active involvement with DRI. She also currently serves as member of DRI’s Young Lawyer Steering Committee, and is the Young Lawyer Liaison to DRI’s Asbestos Medicine Committee. Locally, she is the Vice Chair of the Minnesota Defense Lawyers Association’s Products Liability Committee.
Brotten, a resident of Minnesota and North Dakota native, is licensed to practice in Minnesota, North Dakota, South Dakota, and Wisconsin, and defends cases involving personal injury, wrongful death, and business disputes, with a focus in products liability and toxic torts.
Tom Jensen and Elizabeth Sorenson Brotten Present to RAM Mutual Insurance Company
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 Presents at Defense Research Institute’s Annual Meeting
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 at NCMIC Panel Counsel Conference
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
Mark Fredrickson Appointed State Representative For Minnesota at DRI’s 2015 Annual Meeting in Washington, D.C.
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 issues important to its members, and in supporting the efforts of State and Local Defense Organizaions, like the Minnesota Defense Lawyers Association. Mark’s appointment is another example of Lind Jensen’s continued leadership in the defense bar. If you have questions about DRI or believe that DRI can be of assistance to you in defending your client’s case, please give Mark a call or visit DRI’s web site: www.DRI.org
Also, at the DRI annual meeting, the MDLA received the Rudolph Janata Award as 2014-15 Outstanding State and Local Defense Organization. Mark Fredrickson, who was President and President emeritus of MDLA from 2013-2015 was present for the awards ceremony. This award reflects the successful leadership provided by the MDLA to the local defense bar and is the culmination of many years of hard work by a number of MDLA members and leaders. Congratulations to the MDLA on this well deserved award.
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
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 Helps Client Obtain Summary Judgment Dismissal
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 provide 2 layers of grade D building paper behind the stone veneer. Mr. Prochnow’s client was not a party in the arbitration dispute. The arbitrator found the General Contractor liable, in large part, for failing to make sure the stone masonry sub had installed 2 layers of paper behind the stone, and awarded $700K in total damages.
Plaintiff General Contractor paid the homeowners, and then sued the stone masonry sub contractor for contribution and indemnification. Prochnow was able to help prove to the District Court Trial Judge that the International Residential Code (MN’s State Building Code during the relevant time) DID NOT require 2 layers of Grade D paper behind stone veneer siding. The Code had required 2 layers of Grade D paper behind stucco/plaster, but called for only one layer of Grade A paper behind the stone veneer. Thus, the Court concluded the stone mason had performed its work correctly pursuant to the MN Building Code and per the manufacturer’s instructions, and was entitled to summary judgment dismissal of all claims.
Katie Storms Will Be Speaking at the MDLA’s Mid-winter Conference on Emerging Trends in Workers’ Compensation Litigation
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 Co-Author Article for MDLA’s Minnesota Defense Magazine
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 principles to apportion fault between a negligent tortfeasor and a co-defendant who is an intentional tortfeasor.
The article can be found here: MDLA Apportioning Fault Article
Workers’ Compensation Update – Allan v. Offutt, Co.
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 ratings in order to meet the PTD permanency threshold. As clearly declared by the Court: “We hold that Minn. Stat. § 176.101, subd. 5(2), unambiguously requires that disabilities that contribute to an employee’s permanent-partial-disability rating must affect employability.” See case summary below for full analysis and impact. Please give us a call with any questions. We look forward to discussing this and other cases with you.
Allan v. R.D. Offut, Co.
Background
The employee, Todd Allan, sustained a work-related injury to his lumbar spine in September 2010. The accident left him unable to perform a significant amount of work-related duties. Mr. Allan was assigned a 10% PPD rating relative to his work injury. He filed a claim petition seeking permanent total disability benefits. Because the PPD for his work injury did not meet the threshold 17% permanency rating required under Minn. Stat. §176.101 subd. 5, he also relied on his complete loss of teeth, which supported another 10% permanency rating. If he could not prove his minimum 17% PPD rating, his permanent total disability claim would be barred by statute.
The defense argued that the non-work related permanency, where it does not affect employability, cannot be considered to meet the permanent total disability PPD threshold.
The compensation judge denied the employee’s claim for permanent total disability benefits, choosing not to consider the employee’s complete loss of teeth, which had been corrected by dentures, to meet the statutory threshold. The employee appealed and the WCCA reversed and remanded, concluding that the loss of teeth could be used to meet the threshold. The WCCA further held that the loss of teeth need not affect Allan’s employability in order to contribute to the permanency rating. The employer and insurer appealed to the Minnesota Supreme Court.
Question for Supreme Court
Whether a disability that does not affect the employee’s ability to secure employment can be considered when determining if the employee is eligible for permanent total disability benefits under the Workers’ Compensation Act.
Holding
The Supreme Court found that Minn. Stat. §176.101 subd. 5(2) requires, unambiguously, that there must be a causal nexus between employability and the disabilities that contribute to the permanent partial disability rating used to meet the PPD threshold.
The establishing the required permanency is a threshold issue when determining whether an employee is eligible to claim permanent total disability benefits. While an injured worker is still allowed to combine permanency ratings for both work-related and non-work related conditions, an additional step has been added. Under the Allan holding, an employee must now demonstrate that these disabilities affect the employee’s ability to secure gainful employment.
Because the lower court failed to consider whether Allan’s loss of teeth affected his employability, the case was remanded for further consideration.
Impact
In Metzger v. Turch, Inc., the WCCA held that an employee’s non-work related hysterectomy could be considered in reaching the statutory permanent total disability permanency threshold. The Supreme Court’s holding in Allan, overturns this prior precedence. Therefore, the employee has the burden to show that any PPD rating to be considered affects the employee’s ability to secure suitable employment. The key question that must be asked is whether the permanency being claimed, whether or not it is work-related, affects the employee’s ability to secure more than sporadic, insubstantial employment.
Brian Wood, Bill Davidson, and Peter Stiteler Receive Favorable Appellate Opinion in Declaratory Judgment Case
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 based on Minnesota’s prohibition of direct actions against insurers. The district court agreed and dismissed the case. On appeal, the Court of Appeals affirmed in a three page opinion, reasoning that plaintiff was improperly seeking a different declaration on appeal than he had in the district court without first amending his complaint.
Mark Fredrickson Co-edited the Minnesota Defense Lawyers Association’s MDLA Presidents’ Manual
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 tort, as well as discussing the law’s various exceptions to that rule.
Mark Fredrickson completes his term as President Emeritus of the Minnesota Defense Lawyers Association
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 starting in October, 2015.
Matt Sloneker Elected to Minnesota Defense Lawyers Board of Directors
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 improving the administration of justice.
Brotten and Stiteler Appointed to Leadership Positions on DRI’s Young Lawyers Steering Committee
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 serve as the committee’s Co-Vice Chair to State and Local Defense Organizations.
Brotten, who is licensed to practice in Minnesota, North Dakota, South Dakota, and Wisconsin, defends cases involving personal injury, wrongful death, and business disputes, with a focus in product liability and mass tort. She also currently serves as the Young Lawyer Liaison for DRI’s Asbestos Medicine Program, and as a board member of the Hennepin County Bar Foundation.
Stiteler, licensed to practice in Minnesota, practices in several civil litigation areas, including professional liability, product liability, and insurance coverage. He currently is a Vice-Co Chair of the Minnesota Defense Lawyers New Defense Lawyers Committee.
Brian Wood, Eric Steinhoff, and Lauren D’Cruz Obtain Summary Judgment Dismissal For Client
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 the Ohio UI/UIM endorsement included in the policy and there was no basis for reforming the policy. The Court concluded that the plaintiff was not entitled to $1 million in UIM coverage and granted the insurer’s motion for summary judgment. The opinion is Tomars v. United Fin. Cas. Co., 2015 WL 3772024 (D. Minn. June 17, 2015) and can be found at Opinion.
Thomas J. Evenson Reappointed to the Minnesota Automobile Assigned Claims Bureau
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 Published in the Defense Research Institute, The Whisper
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.
Jack Moore and Elizabeth Sorenson Brotten Win a Wrongful Death Jury Trial
On June 18, a Ramsey County jury found that Jack’s and Liz’s client wasn’t at fault for striking and fatally injuring a motorcyclist. About 20 to 30 seconds before the accident, the motorcyclist had struck a piece of tire debris on the freeway and wiped out, coming to a rest in a traffic lane, but still alive. The client had been following the motorcycle. The client was able to swerve left and avoid the same tire debris, swerve right and the avoid the downed motorcycle, but was unable to avoid the motorcyclist who was lying on the pavement just beyond the motorcycle.
Jason Prochnow and Tom Jensen Obtain Summary Judgment Dismissal For Client
Jason Prochnow and Tom Jensen recently helped a Minnesota refractory client obtain summary judgment dismissal, with prejudice, in a complex multi-party, living mesothelioma asbestos lawsuit brought by a national Plaintiff Texas Lawyers on behalf of MN Plaintiff Richard Luzaich. There was evidence of claimed refractory exposure at the FMC plant where Plaintiff Luzaich worked, but not enough evidence against the firm’s client to create a fact question for trial, despite Plaintiff’s opposition.
Jack Moore, Amber Garry, & Lauren D’Cruz Recognized by MSBA as North Star Attorneys
The Minnesota State Bar Association recognized Jack Moore, Amber Garry and Lauren D’Cruz as North Star Attorneys last week. This recognition is bestowed on attorneys who have devoted over 50 hours of work for pro bono clients during the preceding year. Jack, Amber and Lauren are very passionate in their quest to obtain justice for the disadvantaged. Lind, Jensen, Sullivan & Peterson, P.A. wishes to congratulate them for this accomplishment.
Please Join Our 7th Annual Sharpening Your Skills Workers’ Compensation Seminar – Thursday, June 4, 2015
Workers’ Compensation Seminar
THIS THURSDAY
It is not too late to sign up.
Email your RSVP. We have your parking expense covered.
See you Thursday!
Hosted by:
Timothy Jung, Mark Fredrickson, Dave Bateson, Amber Garry, Katie Storms, and Amy Boyle
Thursday, June 4, 2015
From 12:00 p.m. to 4:00 p.m.
At Orchestra Hall
1111 Nicollet Mall, Minneapolis, MN
Parking Vouchers will be provided for the 11th &Marquette Municipal Parking Ramp, Located on 11th Street and Marquette Avenue
http://www.minneapolismn.gov/parking/ramps/parking_marquette
Lunch will be provided at noon, with presentations to follow.
Highlights:
Medical Marijuana – Highs and Lows
Stairway Injuries – Are they Covered?
Narcotics – New Treatment Parameters
Amended PTSD – Is it Working?
ObamaCare – How it Impacts Settlements
Special Guests:
Dr. Bridget Robinson-Riegler & Dr. Matthew Monsein
We invite you to join us for appetizers and beverages after the presentations at 4:00 p.m.
There is no cost to attend this seminar.
RSVP NOW
Email: RSVP@lindjensen.com ¡ Phone: (612) 333-3637
Amy Boyle Volunteers for Minnesota State Law Library and Employment Section of MSBA’s Unemployment Appeal Brief Advice Clinic
Lind, Jensen, Sullivan & Peterson, P.A. associate Amy Boyle has served as a volunteer attorney for the Minnesota State Law Library and Employment Section of the MSBA’s Unemployment Appeal Brief Advice Clinic since its inception in April 2013. The brief advice clinic is for people who have been denied unemployment benefits and have exhausted their appeal options with the Department of Employment and Economic Development (DEED). Volunteer attorneys provide information about whether the person has a meritorious appeal.
In 2014, 64% of those who attended the clinic ended up not filing an appeal after speaking to the attorney. While the majority of the clinic customers lived in the seven county metropolitan area, the clinic also assisted residents of Kandiyohi, Nobles, Polk and Stearns Counties. 2014 Unemployment Clinic Report.
David Bateson on Faculty for the Workers Compensation Institute
David Bateson is on the faculty for the Workers Compensation Institute through Minnesota CLE on April 17th, 2015. David and Grant Hartman present on Ethical Considerations of Attorney Fee Issues in Minnesota Workers Compensation Cases.
Jack Moore Prevails in Stearns County Jury Trial
Jack Moore prevailed in a jury trial in Stearns County involving a motor vehicle accident case. The jury found the other driver had the majority of the fault and awarded no money damages.
Tim O’Connor and João Medeiros Prevail in Coverage Dispute
Timothy O’Connor and João Medeiros recently obtained a declaration from the Minnesota federal court that there was no coverage under a homeowners insurance policy for a claim related to a daycare being operated in a home. The homeowner had not obtained separate insurance coverage for her daycare operations.
The Court found that coverage was excluded under the business-pursuits and care-of-other-persons exclusions of the policy. The Court also held that coverage was excluded by Minnesota Statutes § 65A.30, a 1996 law that states that there is no coverage under a homeowners insurance policy for daycare operations. The statute was passed in order to allow operators of in-home daycares to be able to obtain homeowners insurance despite the significant additional risk associated with such businesses. This is the first known court decision applying the statute.
Metro. Prop. & Cas. Ins. Co. v. Adamez ex rel. Adamez, No. CIV. 14-3430 DSD/FLN, 2015 WL 1585678 (D. Minn. Apr. 9, 2015).
Three Lind Jensen Attorneys Named 2015 “Top Women Attorneys in Minnesota”
Lind, Jensen, Sullivan & Peterson is pleased to announce that Connie Armstrong, Elizabeth Sorenson Brotten, and Amber Garry have been recognized by Super Lawyers® as “Top Women Attorneys in Minnesota.” The selections were made from the women attorneys who were selected as 2014 Minnesota Super Lawyers and Rising Stars and are featured in the April 2015 issues of Twin Cities Business and Mpls. St. Paul Magazine. Armstrong, Brotten, and Garry were all selected to the 2014 Minnesota Rising Stars list.
This is Armstrong’s third selection to the Rising Stars list and her second inclusion in the Top Women Attorneys in Minnesota list. She is licensed in Minnesota and Wisconsin and practices primarily in the areas of Business Disputes, Construction Litigation, Employment Litigation, General Liability, Insurance Litigation, and Professional Liability.
Brotten has been selected as a Minnesota Rising Star every year since 2011 and was honored as an “Up and Coming Attorney” by Minnesota Lawyer in 2010. Licensed in Minnesota, North Dakota, South Dakota, and Wisconsin, she focuses her practice on general liability defense, with a special emphasis on product liability and mass tort defense.
This is Garry’s first selection to the Rising Stars and Top Women Attorneys in Minnesota list. She focuses her practice on representing businesses and individuals against professional liability and malpractice claims, and advising hospitals and clinics on compliance with federal and state privacy laws. She also represents healthcare providers in their dealings with state licensing boards.
When identifying attorneys for inclusion on its Super Lawyers list, Thomson Reuters employs a rigorous, multiphase process. Peer nominations and evaluations are combined with independent research, and candidate is evaluated on various indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. No more than 2.5 percent of the attorneys in the state are named to the Rising Stars list.
Matthew Sloneker Prevails Before the 8th Circuit
Matthew Sloneker recently presented oral argument before the United States Court of Appeals for the 8th Circuit on behalf of a client sued under the Interstate Land Sales Full Disclosure Act. In a published decision, the Court affirmed the dismissal of Matt’s client. It found no abuse of discretion by the district court in refusing to allow the plaintiff to reassert claims against a party previously dismissed on the merits, particularly where the dismissal was not challenged in an earlier appeal. Click here for a link to the decision: Appellate Case 14-1929.
Matthew Sloneker and Paul Peterson Published in the Bench and Bar of Minnesota
An article by Lind, Jensen, Sullivan & Peterson, P.A. shareholders Matthew Sloneker and Paul Peterson was published in the March 2015 edition of Bench & Bar of Minnesota. The article examines the continuous representation doctrine in malpractice actions against attorneys and recent decisions clarifying its applicability in Minnesota. The article can be found here: Continuous Representation Doctrine.
Tom Jensen Spoke at DRI’s Insurance Coverage and Claims Conference
Tom Jensen spoke at the Defense Research Institute’s Insurance Coverage and Claims conference on March 27 in Chicago on the challenges that arise when commercial insurance policyholders facing large losses have also signed commercial agreements with third parties that address loss allocation, coverage priority, subrogation waiver, claim indemnification and similar terms that may conflict with the insurance policy terms. Contact Tom for copies of the written materials that accompanied his presentation.
Spring 2015 Five-State Midwest Law Update Webinar – March 26th, 2015
SPRING 2015 FIVE-STATE MIDWEST LAW UPDATE WEBINAR
Presented by Attorneys from Lind, Jensen, Sullivan, & Peterson, P.A.
A Full Service Midwest Litigation Law Firm
WHAT: A client-friendly, efficient, and concise webinar providing you with a summary of current law and updates on law developments in the states of Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota. The webinar will consist 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 pertaining to litigation areas including but not limited to trucking accidents, professional liability, legal malpractice, medical malpractice, construction, premises liability, personal injury, commercial litigation, and insurance coverage. The webinar is designed in such a manner that you can select the state presentations in which you would like to participate, but if your work involves matters in the five-state area, we encourage you to participate in all five presentations.
WHEN: MARCH 26, 2015
11:30 A.M. CDT – 1:15 P.M. CDT
SCHEDULE AND SPEAKERS:
11:30 A.M. CDT – 11:50 A.M. CDT Minnesota Law Summary
Presented by: Patrick J. Larkin and Ryan P. Myers
11: 50 A.M. CDT – 12:10: P.M. CDT North Dakota Law Summary
Presented by: Brian A. Wood and John C. Medeiros
12:10 P.M. CDT – 12:30 P.M. CDT Wisconsin Law Summary
Presented by Jack D. Moore and Lauren A. D’Cruz
12:30 P.M. CDT – 12:50 P.M. CDT South Dakota Law Summary
Presented by Eric J. Steinhoff and Elizabeth Sorenson Brotten
12:50 P.M. CDT – 1:10 P.M. CDT Iowa Law Summary
Presented by Thomas J. Evenson and Peter D. Stiteler
COST: Free
RSVP: Webcast requires pre-registration at the following link: Registration
Bill Davidson Quoted in Article on a Recent Minnesota Supreme Court Decision
Minnesota Lawyer has an article discussing the Minnesota Supreme Court’s recent decision in Sydyne Corp. v. Rousslang that addressed employment claims arising out of a non-compete employment agreement. The article quotes Bill Davidson regarding the effect of the decision and the Supreme Court’s recognition of an “advice of counsel” defense as justification for a tortious interference with a claim. Bill represented TechServe Alliance as an amicus curiae or “friend of the court” in the case. The article can be found here: Minnesota Lawyer.
Thomas Jensen Named Chair of PLDF’s Investment Professional E&O Claims Committee
Thomas Jensen was recently named Chair of Professional Liability Defense Federation’s Investment Professional E&O Claims Committee for the 2015 term.
Minnesota Supreme Court Addresses Employment Non-compete Agreements
The Minnesota Supreme Court today issued a decision in Sysdyne Corp. v. Rousslang, A13-898. On appeal, Bill Davidson and Peter Stiteler represented TechServe Alliance, a national trade association of information technology and engineering staffing and solution firms. TechServe Alliance appeared as an amicus curiae, or “friend of the court,” and expressed its concerns as to the scope and application of an “advice of counsel” defense in Minnesota as the basis for a justification defense in response to a tortious interference of contract claim. The decision can be found here: Sysdyne Corp v. Rousslang, A13-898.
Thomas Jensen Authors “Survey of Veterinary Malpractice Litigation”
Thomas Jensen recently authored “Survey of Veterinary Malpractice Litigation”, published in the Winter 2015 issue of Professional Liability Defense Quarterly.
LJSP Prevails after Bench Trial of Breach-of-Contract Claim
Elizabeth Sorenson Brotten successfully represented a corporation that provides home delivery services at a January 20, 2015 bench trial in Hennepin County District Court. The plaintiff, a former independent contractor for the home delivery service provider, sought to recover the amount of his performance bond, which he claimed the home delivery provider improperly withheld following the termination of his independent contractor relationship. On February 2, 2015, the Court issued its Order and Verdict, dismissing the plaintiff’s claim with prejudice and ordering the entry of judgment in favor of Lind Jensen’s client. Citing the trial testimony of three witnesses, as well as the numerous documents received into evidence, the court concluded that the home delivery services provider properly withheld the amount of the plaintiff’s performance bond after receiving valid in-home damages claims.
Timothy Jung Presents at Gallagher Bassett Services, Inc.
On February 3rd, Timothy Jung presented at an education program regarding Minnesota’s new medical marijuana law and its interaction with the Minnesota Workers’ Compensation and tort systems. The program was presented at Gallagher Bassett Services, Inc. For additional information, please contact Timothy.Jung@lindjensen.com
Appeal victory upholding dismissal of defamation claims against a church and its pastors
Tim O’Connor and Bill Davidson successfully defended St. Matthew Evangelical Lutheran Church and its pastors against a claim from two excommunicated church members. The Minnesota Court of Appeals affirmed the dismissal of the lawsuit, agreeing with the district court that “judicial inquiry into the truth of the statements made during a church disciplinary proceeding would create an excessive entanglement with the church that would violate the First Amendment[.]” The decision, which applied the Ecclesiastical Abstention Doctrine, is Pfeil v. St. Matthews Evangelical Lutheran Church, A14-605 (Minn. App. Jan. 12, 2015). The opinion is available at opa140605-011215.
Jack Moore and Lauren D’Cruz Succeed With “Passing Out” Defense
Jack Moore and Lauren D’Cruz recently obtained a defense verdict in a Hennepin County jury trial involving unusual facts. Their client had passed out while driving and caused an accident resulting in serious injuries to the driver of another vehicle. Jack and Lauren called the client’s doctor as a trial witness, who testified that the loss of consciousness was caused by the drug Atenolol, which slows down the heart rate. The client had been taking this drug for several years without a problem, until it caused him to pass out without warning a few moments before the accident. The other driver’s attorney cited the fact that the client had passed out previously due to dehydration, his doctors had warned him to drink enough water to avoid passing out again, on the accident date the client told the ER doctor that he might be dehydrated, and at least one doctor’s note concluded the client was dehydrated on the accident date. The client explained his ER statement at trial by stating that he didn’t know why else he might have passed out, but that he thought he was adequately hydrated at the time of the accident. The jury found that the client wasn’t negligent, following a jury instruction (which Jack and Lauren drafted) that a person isn’t negligent if the accident is caused by a medical emergency which the person couldn’t have reasonably foreseen.
Jason Prochnow Licensed to Practice Law in North Dakota
Jason Prochnow has just been licensed to practice in North Dakota, in addition to his Minnesota and Wisconsin attorney licenses, and looks forward to defending construction defect, bodily injury, products liability, and asbestos claims in that jurisdiction as well.
Timothy Jung Presents at Minnesota Trucking Association Safety Council
On November 12th Timothy Jung was a presenter at a meeting of the Minnesota Trucking Association Safety Council. His presentation addressed Risk Management in Hiring and Disciplining Employees. Including a discussion about working with employees while out on workers’ compensation. Best practices, legal frameworks, and practical ideas that work, reduce claims, support productivity, and keep the focus on your business.
Brian Wood and Jason Prochnow Participated in TIDA’s Community Service Outreach at Three Square
Lind, Jensen, Sullivan & Peterson, P.A. partners, Brian Wood and Jason Prochnow attended TIDA’s 22nd Annual Industry Seminar in Las Vegas, Nevada on October 22, 2014 through October 24, 2014. TIDA members kicked off this year’s meeting by participating in a community service outreach event at Three Square. Three Square serves as the primary distribution center for donated goods to charitable organizations serving individuals and families in the Las Vegas area. Three Square’s mission is to “provide wholesome food to hungry people, while passionately pursuing a hunger-free community.”
Three Square currently provides more than 30 million pounds of food and grocery product – the equivalent of more than 25 million meals – per year to nearly 600 Program Partners including non-profit and faith-based organizations, schools and feeding sites throughout Southern Nevada.
TIDA donated $2,500 which will help provide 7,500 meals to those less fortunate in our community. The TIDA Team helped to assemble 7,100 ready to eat meals in the community kitchen while other team members packed 7,285 lbs of product in the Three Square Volunteer Room.
The Trucking Industry Defense Association, also known as TIDA was founded in 1993, TIDA is a nonprofit association whose members share knowledge and resources in defense of the trucking industry. TIDA members include motor carriers, trucking insurers, defense attorneys and claims servicing companies
Jury Returns $4.5 Million Verdict in Minnesota Living Mesothelioma Case: Humphreys and Jensen v. 3M, et al., Ramsey County Case File No. 62-CV-13-7709
On October 22, 2014, after a two-week trial, a Ramsey County jury returned a verdict in favor of 75-year-old plaintiff Neil Humphreys and his wife Lona Jensen. Plaintiffs alleged that Humphreys was exposed to Owens-Illinois’ Kaylo insulation and Mundet asbestos cement during his three-month employment in 1957 with insulation contractor API on the new construction of a power plant.
Trial began on October 6, 2014 against defendants Smith-Sharpe Company and Owens-Illinois. Smith-Sharpe was represented by Lind, Jensen, Sullivan & Peterson, P.A. attorneys Tom Jensen and Jason Prochnow. Jensen and Prochnow secured a dismissal for Smith-Sharpe on the second day of trial. Trial continued against Owens-Illinois, which defended the case by arguing that Humphreys had misidentified the insulation products, and with a state-of-the-art defense. The jury concluded that Owens-Illinois’ and Mundet’s products were defective due to inadequate warnings, and that API was negligent with respect to the safety of its employees. The jury apportioned fault as follows: 36.5% to Owens-Illinois, 23.5% to Mundet, and 40% to API. The jury awarded Humphreys $856,250 in past damages and $2,756,000 in future damages, and Jensen $904,000 in loss-of-consortium damages.
This is the first plaintiff’s verdict in Minnesota asbestos litigation since 2008, when a jury returned a $4.6 million verdict in favor of plaintiff Dennis Newinski. The Humphreys case is also the first asbestos case to be tried before newly appointed Minnesota Asbestos Litigation trial judge the Honorable John H. Guthmann.
Timothy Jung Participated as Featured Speaker for CNA Insurance Companies Webinar
On October 28th, Timothy Jung participated as featured speaker at a webinar for CNA insurance companies regarding Fraud Detection and Claims Management.