Favorable Jury Verdict in an FMLA Dispute

Bill Davidson and Ryan Myers obtained a defense verdict in federal court on behalf of their client, Hammer Residences, Inc., a non-profit organization that provides services to adults and children with developmental disabilities. The plaintiff, a former employee who was discharged, sued Hammer claiming it violated the Family and Medical Leave Act. On October 16, 2014, a jury agreed with Hammer that its decision to discharge was made before the plaintiff made any FMLA request for time off. The case is Kania v. Hammer, 13-cv-176 (DWF/FLN).

Successful Asbestos Trial Defense

Successful Asbestos Trial Defense in Neil Humphreys v Owens-Illinois and Smith-Sharpe Company (Ramsey County District Court, CT File # 62-CV-13-7709), Tom Jensen and Jason Prochnow started Trial on October 6 in this complex asbestos product, living mesothelioma lawsuit, and successfully obtained a dismissal for their client, defendant Smith-Sharpe Company, on the Trial’s second day. The case is noteworthy as the first asbestos case to be tried before the newly appointed MN Asbestos Trial Judge, Hon. John H. Guthmann, and Trial continues against the last co-defendant.

Tom Jensen Speaks at Professional Liability Defense Federation Annual Meeting

On September 18, 2014, Tom Jensen spoke at the Professional Liability Defense Federation Annual Meeting in Washington, D.C., on the topic, “Defense of Investment Professionals: Securities Litigation in the FINRA Arbitration Process.” Contact Tom for a copy of his written materials and slide presentation. He is the co-founder and board member of PLDF.

A copy of the powerpoint presentation can be found at this link: FINRA PP 2014 AM2

Ladwig v. Hollenkamp

On September 11, 2014, the court entered judgment in favor of the defense in Ladwig v. Hollenkamp, Kanabec County (MN) District Court File No. 33-CV-13-151. Tom Jensen successfully defended the farmer whose herd of cattle escaped from confinement at night and wandered onto the adjoining road. Plaintiff driver collided with several cows that caused a C5-6 disc injury requiring surgery. The jury found the farmer was not negligent and did not allow the herd to run at large in violation of a statute. Yes, in Minnesota cows sometimes escape from fenced pastureland!

Tom Evenson Presents at Land-O-Lakes Summer Meeting

Thomas J. Evenson and his co-presenter, David D. Riley from Eide Bailly LLP, spoke at the Land-O-Lakes Summer Meeting on September 23, 2014. Their presentation dealt with actual case studies to explore various fraud schemes that have occurred at various organizational levels within general industry, the insurance industry, and customers of insurance industry.

Timothy Jung Speaks at FedEx Training Session

On September 10th, Timothy Jung spoke at a training session with FedEx Ground concerning risk management and preparing for depositions.

Thomas Evenson Selected to Serve on MLPR Board

Thomas J. Evenson, a Shareholder at Lind, Jensen, Sullivan & Peterson, PA, was recently selected to serve a three year term as an Attorney Member for the Minnesota Lawyers Professional Responsibility Board. This Board consists of 23 members (14 lawyers and 9 non-lawyer public members) and is responsible for oversight and administration of the Minnesota lawyer discipline system.

Lind, Jensen, Sullivan & Peterson, P.A. Successfully Defends Chiropractors

Thomas D. Jensen, Thomas J. Evenson, and Amy E. Boyle from Lind, Jensen, Sullivan & Peterson, PA, were retained by chiropractors and their clinics to defend them in a lawsuit commenced by several insurers in the United States District Court, District of Minnesota. The insurers asserted several claims, including but not limited RICO and anti-kickback claims, against the chiropractors and their clinics. As early as possible, a motion to dismiss was filed on behalf of the chiropractors and their clinics requesting that the Complaint be dismissed. Via Order dated August 19, 2014, the United States District Court, District of Minnesota, granted the motion to dismiss dismissing some claims in part with prejudice and some claims in part without prejudice. In the Order, the Court stated that “[u]nfortunately, plaintiffs in this case failed to heed the warnings of this Court, and thus it is now necessary for the Court and the defendants to undertake an onerous, claim-by-claim march through the lengthy complaint to try and separate the wheat from the chaff.”

Mark Fredrickson Completes Term as MDLA President

Mark Fredrickson wrapped up his term as President of the Minnesota Defense Lawyers Association at its annual meeting and Trial Techniques Seminar on August 14-16, in Duluth, Minnesota. In appreciation of his service to the organized defense bar, Tom Schultz, North Central Regional Director of dri,The Voice of the Defense Bar, presented him with its Exceptional Performance Citation for 2013-14. Mark continues his service in MDLA for another year as President Emeritus in 2014-15.

2014 Super Lawyers™ and Rising Stars™ Honorees Selected.

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.

2014 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. O’Connor
Civil Lit: Defense

Paul C. Peterson
Prof. Liability: Defense

Matthew D. Sloneker
Civil Lit: Defense

Eric J. Steinhoff
Civil Lit: Defense

Brian A. Wood
PI General: Defense

2014 Minnesota Rising Stars

Connie I. Armstrong
Construction Litigation

Thomas J. Evenson
General Lit

Amber N. Garry
Workers’ Comp

Elizabeth M. Sorenson Brotten
PI-Products: Defense

In addition to being named a Super Layer, Paul C. Peterson was named one of the Top 100 Minnesota Super Lawyers.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The select process is multi-phased and includes independent research, peer nomination and peer evaluations. Within the state of Minneosta, 5% of attorneys are selected to Super Lawyers and 2.5% of attorneys are selected to Rising Stars.

Tim Jung to be Guest Speaker at GPS Group on July 31

Tim Jung will be a guest speaker at GPS Group’s workshop on Workers Compensation and Employment Law on Thursday, July 31. Additional information can be found at this link: July-Invite.

Jack Moore Re-certified as a Senior Civil Trial Specialist

Jack Moore was recently re-certified as a senior civil trial specialist by the Minnesota State Bar Association. This certification runs through May 2020.

Bill Davidson and Lind, Jensen, Sullivan & Peterson, P.A. to Appear Before Minnesota Supreme Court

Bill Davidson and Lind, Jensen, Sullivan & Peterson, P.A. will be appearing before the Minnesota Supreme Court representing an amicus curiae, or “friend of the court.” The firm represents TechServe Alliance, a national trade association of information technology and engineering staffing and solution firms. TechServe Alliance has over 300 member companies in over 40 states. The Minnesota Supreme Court granted leave to TechServe Alliance to appear in an appeal addressing the scope of non-compete employment agreements and whether another company is justified in interfering with a non-compete agreement. The case on appeal is Sysdyne Corp. v. Rousslang, A13-898. Briefing in the case is underway and the Minnesota Supreme Court will likely hear oral argument in the matter in the fall of 2014.

Lind, Jensen, Sullivan & Peterson, P.A. Supports HUSL At 18th Annual Law Alumni Golf Tournament

Lind, Jensen, Sullivan & Peterson, PA, sponsored a hole at the 18th Annual Law Alumni Golf Tournament. Attorneys Thomas J. Evenson and Tim J. O’Connor along with their clients partook in this wonderful golf event raising funds for Hamline University School of Law students.

Thomas J. Evenson Presents to the IASA

On June 10, 2014, Thomas J. Evenson and his co-presenter, David D. Riley from Eide Bailly LLP, presented at the 2014 IASA (Insurance Accounting and Systems Association, Inc.) Educational Conference & Business Show in Indianapolis, Indiana. Their presentation was called Fraudsters, Fraudsters Everywhere – Case Studies. Fraud is occurring throughout Corporate America, including insurance companies, their employees. The presentation used actual case studies to explore various fraud schemes that have occurred at various organizational levels within general industry, the insurance industry, and customers of insurance industry.

Thomas received some of the following comments: “The best presentation of the conference.”; “Great presentation. Best one.”; “Very entertaining and fun way to end the day. Other presenters should take notes from these guys.”

Matt Sloneker Presents to Welsh & Colliers International

On June 3, 2014, Matt Sloneker gave a presentation on premises liability issues to Welsh & Colliers International, an organization of commercial real estate professionals. Topics included preventing, investigating, and defending bodily injury and property damage claims against commercial property owners, managers, and tenants.

6th Annual Sharpen Your Skills Workers’ Compensation Seminar – June 4, 2014

Lind, Jensen, Sullivan & Peterson will be hosting its 6th Annual Sharpen Your Skills Workers’ Compensation Seminar on June 4, 2014 from 12 p.m. to 4 p.m. at Orchestra Hall, located at 1111 Nicollet Mall, in downtown Minneapolis.

We expect a lively discussion on the following topics: Subrogation 101, Traumatic Brain Injuries, Job Accommodations: Employment Law Considerations, and 401 Comp; Retirement Demographics and Defenses. Thomas Beniak, Ph.D. ABPP and Agapitos Papagapitos, Ph.D. will also speak at the seminar.

If you would like to attend, please email RSVP@LindJensen.com or call (612) 333-3637.

6th Annual Sharpen Your Skills WC Seminar Save the Date

Tom Jensen Speaking at Professional Liability Defense Federation’s 2014 Annual Meeting

Tom Jensen will be speaking on the topic “Defense of Financial Professionals: Securities Litigation in the FINRA Arbitration Setting” at Professional Liability Defense Federation’s 2014 Annual Meeting in Washington, D.C. on September 18, 2014.

Paul Peterson Elected As a Fellow Of The American College of Trial Lawyers

Paul C. Peterson has been elected as a Fellow of the American College of Trial Lawyers. The American College is composed of the best of the trial bar from the United States and Canada and is widely considered to be the premier professional trial organization in America. Founded in 1950, the College is dedicated to maintaining and improving standards of trial practice, the administration of justice, and the ethics of the profession. Fellowship is extended only by invitation, after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Membership is limited to one percent of the total lawyer population of any state or province. Congratulations, Paul, on a well deserved honor.

Connie Armstrong Elected to 2014-2015 Board of Directors of the Minnesota Women Lawyers Association

At the Minnesota Women Lawyers 42^nd Annual Meeting, which was held on May 19, 2014, Connie Armstrong was elected as treasurer for Minnesota Women Lawyers and will serve on the 2014-2015 Board of Directors. Her board term will begin July 1, 2014.

http://www.mwlawyers.org/news/165030/MWL-Announces-Slate-of-Candidates-for-2014-15-Board-of-Directors.htm

C.H. Robinson Worldwide, Inc. v. SnacLite, LLC

In C.H. Robinson Worldwide, Inc. v. SnacLite, LLC, Carver County (MN) District Court File No. 10-CV-14-214, the court ruled on May 15, 2014 that our firm’s clients were not subject to the jurisdiction of Minnesota courts. The ruling relied on two recent U.S. Supreme Court cases decided this year (Walden v. Fiore and Daimler A.G. v. Bauman) that address limits on the exercise of general and specific personal jurisdiction by courts over non-resident defendants.

Tom Jensen Re-certified By The National Board of Trial Advocacy

Tom Jensen recently was re-certified as a civil trial advocate by the National Board of Trial Advocacy. Originally certified on January 13, 1999, Tom’s board certification now will run through January 13, 2019.

Eric Steinhoff and Matt Sloneker Guest Speakers at HCBA Professionalism CLE

Eric Steinhoff and Matt Sloneker were guest speakers at the April 11, 2014, Hennepin County Bar Association’s Professionalism CLE entitled “Lawyer Liability to Non-Client Third Parties”. Steinhoff and Sloneker discussed how some lawyers may have civil liability to non-clients, including the third party beneficiary rule outside the estate planning context, the implications of opinion letters, and exposures relating to fraud and aiding and abetting.

Connie Armstrong Recognized – 2014 Top Women Attorneys In Minnesota by Super Lawyers

Lind, Jensen, Sullivan & Peterson, P.A. is pleased to announce that Connie Armstrong has been recognized by Super Lawyers for inclusion in the 2014 Top Women Attorneys in Minnesota selection.

The women attorneys who were selected as 2013 Super Lawyers or Rising Stars are featured in the 2014 Top Women Attorneys in Minnesota list, which is published in the April 2014 issue of Twin Cities Business and the Minneapolis-St. Paul Magazine. Super Lawyers is a Thomson Reuters business that provides a rating service of outstanding lawyers from more than 70 practice areas, who have attained a high-degree of peer recognition and professional achievement. Rising Stars selections undergo the same selection process as Super Lawyers but recognizes attorneys who are 40 years old or younger, or have been practicing for 10 years or less. No more than 2.5% of lawyers in Minnesota are named to the Rising Stars list.

This is Connie’s second selection to the Rising Stars list and her first inclusion in the Top Women Attorneys in Minnesota list. Connie is licensed in Minnesota and practices primarily in the areas of Business Disputes, Construction Litigation, Employment Litigation, General Liability, Insurance Litigation and Professional Liability.

Lindsay Christensen Joins Lind, Jensen, Sullivan & Peterson, P.A.

Lindsay has 10 years of experience as a litigation paralegal, primarily in the areas of professional malpractice, products liability and personal injury. She has previously worked as a paralegal in Chicago, Illinois. Lindsay attended the University of Wisconsin at Milwaukee, earning a B.A. degree in Behavioral Science and Law.

Lind Jensen Attorneys Obtain Dismissals

Lind Jensen attorneys recently obtained dismissals of lawsuits on behalf of their clients in two separate matters.

Brian Wood and Eric Steinhoff obtained dismissal for their client in a Carver County lawsuit. The Court found their client did not have any notice of the hazard upon which Plaintiff fell. Through discovery and depositions Brian and Eric were able to establish that Plaintiff did not have sufficient evidence to meet the evidentiary standard required to overcome summary judgment. The case was dismissed with prejudice.

Brian and Eric also successfully obtained a dismissal of a strict liability claim in the wrongful death action of Olson v. Alder in Anoka County. The Court agreed that Minnesota’s dog bite statute should not apply based on the facts presented in the case. The ruling dismissed Plaintiff’s absolute liability claim against the Defendant and leaves only a negligence claim which allows comparison of fault and other defenses.

Pro Bono Activities

Eric Steinhoff and Lauren D’Cruz recently obtained the dismissal of a lawsuit against their low-income client, who was sued in a dispute over distribution of a decedent’s estate. Eric and Lauren volunteered to take the case through the Federal Bar Association’s Pro Se Project. They filed a motion to dismiss based on failure to state a claim and res judicata. Plaintiff then agreed to dismiss the case, with prejudice, with no payment by the client, who would not have been in a position to pay a judgment..

Peter Stiteler recently successfully defended a low income client, who was sued when her dog bit and injured a young boy. Peter volunteered to take the case through the Hennepin County Bar Association’s Volunteer Lawyers Network. The incident occurred in the course and scope of the client’s job, but her employer, also a defendant, declined to defend her and in fact asserted a claim against her for reimbursement of any liability the employer might have. A default judgment was eventually entered against the employer. Peter obtained dismissal of all claims against his client, with prejudice, and with no payment by the client, a low income single mom for whom a judgment would have been an extreme hardship.

Tom Jensen Appointed Chair of HCBA’s Nominating Committee

Tom Jensen was appointed chair of the Hennepin County Bar Association’s Nominating Committee that will recommend to the Board of Directors candidates to fill the association’s leadership ranks including the 2017-18 President.

National Commercial Insurer Grades Lind, Jensen, Sullivan & Peterson, P.A.

A national commercial insurer recently graded the firms counsel at 9.65 out of 10 in its yearly report card.

Tim Jung Presents at Minnesota Lodging Association Workshop

Tim Jung was a guest presenter at the MLA’s Protecting Your Property Workshop held on Thursday, February 4, 2014. Tim presented on Managing Employees after Workers’ Compensation Injuries by sharing strategies covering return to modified work, coordination with FMLA, disciplinary actions such as termination, and maintaining a productive workplace.

Tim Jung and Brian Wood Present at the Minnesota Trucking Association’s Safety Conference

Tim Jung and Brian Wood were guest presenters at the
Minnesota Trucking Association’s Safety Conference, held on January 23,
2014. Wood and Jung presented on the topic of “Preparedness – Mock
Depositions”.

Dave Bateson Appointed to MSBA Task Force

Phil Duran, President of the Minnesota State Bar Association, has appointed Lind Jensen attorney Dave Bateson to serve on the association’s Challenges to the Practice of Law Task Force. The Task Force will “explore and make recommendations as to how the MSBA can assist member lawyers in responding to emerging challenges, including though not necessarily limited to challenges posed by student-debt loads, technological changes, and activities that may represent unauthorized practice of law.” The Task Force will begin its work in February of 2014.

Matt Sloneker Presents at MDLA Mid-Winter Conference

Lind, Jensen, Sullivan & Peterson, P.A. shareholder Matt Sloneker presented at the recent Mid-Winter Conference of the Minnesota Defense Lawyers Association. Along with Crane Engineering Building Science president Stefan Helgeson, AIA, ASLA, Matt presented on the use of experts in construction defect and premises liability cases. The presentation included an overview of the various bases for liability in such cases, including statutory warranties and the Minnesota Common Interest Ownership Act, and the expert testimony needed to defend against such claims. Matt and Stefan also discussed the various types of forensic experts and their specialties, and investigation methodology, proper procedures in the testing and preservation of evidence, preparation of reports, opinions and other pertinent legal considerations in such cases. Download presentation: MDLA Winter 2014 Presentation.

Attorneys Volunteer for MSBA High School Mock Trial Competition

Lind, Jensen, Sullivan & Peterson, P.A. attorneys Maureen Alvino, Lauren D’Cruz, and Amy Lanser served as volunteer judges for the Minnesota High School Mock Trial Program this month. The Mock Trial Program is sponsored by the Minnesota State Bar Association and introduces high school students to the American legal system by providing a challenging opportunity for personal growth and achievement.