Late Thursday night March 26 and again on Friday March 27, the U.S. Department of Labor issued updated guidance as to its interpretation of the Families First Coronavirus Response Act (FFCRA). Update 9 DOL Guidance Update RE Families First Coronavirus Response Act March 30, 2020-125475 is an update as to some common questions and answers you might have concerning the new requirements of the FFCRA, which becomes effective April 1. Please contact our employment legal team if you have... Read more →
On March 24, 2020, the United States Department of Labor issued some guidance for employers regarding the Families First Coronavirus Response Act. Importantly, the guidance states that the effective date of the Families First Coronavirus Response Act is APRIL 1, 2020, not April 2, 2020, as initially expected. Our lawyers have summarized the DOL’s guidance here, DOL Guidance RE Families First Coronavirus Response Act Released March 2... Please do not hesitate to contact our employment team... Read more →
Last night, President Trump signed into law the Families First Coronavirus Response Act, implementing bipartisan legislation and changes underscored in the Emergency Family and Medical Leave Expansion Act in response to the recent pandemic. So, what does that mean for you - as an employee and as an employer? At Lind, Jensen, Sullivan, & Peterson, P.A., we are committed to providing you with information to help you make the right decisions both personally and professionally, and we're... Read more →
As Minnesota takes steps to respond to the COVID-19 pandemic, measures are being taken to provide relief to employers and service providers throughout the state. On March 21, 2020, Governor Walz issued two new Executive Orders (11 & 12) that gives the Department of Human Services (DHS) the power to modify and waive existing requirements to allow in-state programs to better provide service to those in need. In DHS Given Power to Waive or Modify Requirements by Executive Order - Employment... Read more →
As employers around Minnesota are facing difficult decisions due to the COVID-10 pandemic, we have prepared an updated resource to assist you as your organizations analyze difficult decision. In Furlough v. Layoff - Employment Update, we examine the difference between a furlough and layoff, what those processes generally look like, and identify some common issues that can arise (including COBRA notices, WARN notice, requirements under the Older Workers Benefit Protection Act, etc.) Please... Read more →
Eric Steinhoff successfully upheld a dismissal of a claim against his client when the South Dakota Supreme Court affirmed the dismissal in a case involving Federal Government education dollars embezzled by an individual who then committed multiple murders and suicide. The Court agreed that the Plaintiffs’ claim that the embezzled money would have provided them additional services under the program if it had not been stolen was properly dismissed because the Plaintiff’s did not have... Read more →
While Minnesota reacts to the Coronavirus pandemic, Governor Walz has issued Executive Orders to help the State respond. In Executive Orders Re Commerical Carriers and Executive Branch Employees - Employment Guidance Update, we analyze Executive Orders 20-06 and 20-07. Executive Order 20-06 aims to provide motor carriers and drivers in Minnesota relief as they help with emergency relief measures. Certain limitations, including weight and hours of service, have been modified to allow... Read more →
As the reality of doing business in the midst of the COVID-19 pandemic is becoming known, employers are having to take a hard look at their options in these trying times. In Coronavirus Layoff Guidance - Employment Guidance Update, we address common questions you may be asking while weighing your options. As with everything right now, things are changing frequently. We encourage you to monitor the CDC and MDH websites, as well as monitor the progress of state and federal guidance on... Read more →
In response to the COVID-19/coronavirus pandemic, the U.S. House of Representatives passed the Families First Coronavirus Response Act (FFCRA) (H.R. 6201) on March 14, 2020. In Families First Coronavirus Response Act - Employer Guidance Update, we address what FFCRA will mean for employers and employees. As with everything right now, things are changing frequently. We encourage you to monitor the CDC and MDH websites, as well as monitor the progress of state and federal relief... Read more →
COVID-19 is changing (temporarily) how we do business. With these changes many employment questions arise: can we take the temperatures of our employees? Can we send people home who are sick? Can we stop our employees from traveling? And so on. We at Lind Jensen Sullivan & Peterson are here to help. In COVID-19 Employment FAQs, we address the most common questions you will likely face. As with anything right now, things are changing by the day and hour. We encourage... Read more →
What is COVID-19? COVID-19 is a novel coronavirus, a new strain identified in 2019. It is different than coronaviruses that are common in the community. These have been in our midst since the mid-1960s. We have had severe strains in the past, some of which you may have heard of including SARS and MERS. The term corona is used because the virus has a crown-like spike on its surface. COVID-19 was first identified in Wuhan, China and since has spread throughout the world. This... Read more →
Attorney Michael Burke obtained an order dismissing negligence-based claims against a general contractor. The Plaintiff alleged that the general contractor’s duty of care extended to areas beyond the construction zone. In dismissing the case, the court found that Plaintiff failed to put forth evidence necessary to support his claims and reaffirmed that a construction company’s duty of care does not include areas beyond the construction zone. Johnson v. Mathiowetz Constr. Co., Court... Read more →
Michael Burke authored an article titled Practical and Ethical Pitfalls of Audio Recording Neuropsychological Examinations, which is featured in the Winter 2020 issue of Minnesota Defense magazine. The article addresses the mechanics of obtaining an order for examination and provides guidance for combating situations in which an injured party objects to undergoing a neuropsychological IME absent an audio recording.... Read more →
Michael Burke has co-authored an article titled The Advocacy Preferences of Construction Arbitrators, which is featured in the Winter 2020 issue of the Journal of the American College of Construction Lawyers. The article surveys 231 experienced construction arbitrators throughout the United States in order to uncover what advocacy techniques arbitrators find to be persuasive, and similarly, what techniques arbitrators find to be unpersuasive. As the editor’s note states, “this analysis... Read more →
Attorneys Patrick Larkin and Michael Burke obtained an order from the court dismissing with prejudice all claims made under the Family Medical Leave Act and the Minnesota’s Whistleblower Act. Olinger v. Renville Cty. Hosp. & Clinics, 2019 WL 5901379 (D. Minn. Nov. 12, 2019) (ECT/TNL).
Attorneys Brian Wood and Michael Burke obtained an order from the court dismissing with prejudice a more than quarter-million dollar contribution and indemnity claim pertaining to a damaged wind turbine. Juhl Energy, Inc. v. G. NcNeilus, LLC et al., Dodge Court File No. 20-CV-18-146 (Oct. 29, 2019).
Nicholas Rauch has an article titled 'Counteranchoring: An Important Thought Before Trial' that was published in the DRI The Voice see attached article.http://www.dri.org/docs/default-source/webdocs/the-voice/2019/voice_11_20_19.pdf?sfvrsn=2
Susan Stokes will be part of a panel today at the University of Minnesota Law School, speaking about careers in environmental and energy law. See Facebook link below: https://www.facebook.com/umneels/
Attorneys Brian Wood and Nicholas Rauch were granted summary judgment on products liability claims against a firearm manufacturer. The Court ruled that Plaintiff failed to evidence a defect to support claims for products liability and failed to disclose an expert who would opine to the alleged mechanical defect in the firearm. The Court also ruled that Plaintiff had failed to adequately support claims for abnormally dangerous activity, stemming from the manufacturing and distribution of the... Read more →
Attorneys Jack Moore and Nicholas Rauch were granted summary judgment on landowner liability claims against an apartment complex. The Court ruled that the apartment complex did not have a duty to maintain an adjacent lot, which contained an injury causing condition. All claims against the apartment complex were dismissed, with prejudice. AWK, a minor, by his father and natural guardian of Travis Klein v. Robert Hanson and Steven Mahacek; 19HA-CV-19-1970 (Nov. 12, 2019; Dakota Cty.)
On October 22nd Timothy Jung presented an educational program at Federated Insurance in Owatonna, MN on the subject of PTSD claims and traumatic brain injuries.
Winter is here, but there are still a few spots available for Thursday’s (9/26) workers’ compensation Sharpen Your Skills seminar! Food, drink, and parking are provided. We hope to see you there. 2019 Seminar Topics Law of the New Realm – One Year In Arising Out Of, Mythical/Magical Falls, and Unexplained Injuries Queen of Forms Cannabis: The Ale of the Twenty-First Century Dr. Kristin Zeller: Words from the Maester An Update on Pain, Drugs, and... Read more →
Shareholder Susan Stokes will be presenting 'Conservation Provisions in Agricultural Leases' at Women Caring for the Land event tomorrow. See attached information WOMEN CARING FOR THE LANDAgendaStillwater2019Sept26 WomenCaring2019Sept26
Tom Jensen’s memorandum on “Defense of Opioid Malpractice and Board Discipline Complaints” supporting his presentation to the 10th Annual Meeting of Professional Liability Defense Federation on September 26, 2019 in Chicago, is available here Opioid Materials - 2019
Susan has experience in a broad range of practice areas, including employment law, administrative law, and agricultural law. She recently served as Assistant Commissioner at the Minnesota Department of Agriculture, where she oversaw the agency's regulatory work. Susan is admitted to practice before the state and federal courts of Minnesota, the Eighth Circuit Court of Appeals, and the United States Supreme Court.
Lind Jensen Sullivan & Peterson is pleased to welcome new associate Ryan P. Torpey to the Firm. Ryan practices civil litigation, primarily in the areas of professional liability and insurance defense. Before joining the firm, Ryan was a law clerk to the Hon. Bruce A. Peterson of the Minnesota Fourth Judicial District. There, he drafted court orders in a variety of civil matters, including malpractice, contract and insurance law. Ryan received his J.D. from the University of Minnesota Law... Read more →
Tom Jensen presented “Defense of First- and Third-Party Bad Faith Claims” to the RAM Mutual Claims Department on July 19, 2019.
Attorneys Timothy Jung, Katie Storms, and Joao Medeiros represented one of Minnesota’s counties regarding an appeal to the Minnesota Supreme Court. The case involved the legal framework applicable to work injuries involving claims of post-traumatic stress disorder. In an unanimous opinion issued on July 17, 2019, our client prevailed. The Supreme Court reversed the decision of the Workers’ Compensation Court of Appeals, and reinstated the decision of the trial judge that was favorable to... Read more →
2019 Minnesota Super Lawyers: William L. Davidson, Appellate Mark A. Fredrickson, Personal Injury General Defense Thomas D. Jensen, Civil Litigation Defense Patrick J. Larkin, Construction Litigation Richard A. Lind, Civil Litigation Defense Jack D. Moore, Civil Litigation Defense (Not Pictured) Timothy J. O’Connor, Civil Litigation Defense (Not Pictured) Paul C. Peterson. Professional Liability Defense Matthew D. Sloneker, Civil Litigation Defense Eric J.... Read more →
Shareholder Thomas J. Evenson was reappointed by Minnesota Governor Tim Walz to serve as a public member on the Minnesota Automobile Assigned Claims Bureau.
Small businesses throughout Minnesota are facing surprising claims that they have discriminated against persons with disabilities and violated the Americans with Disabilities Act (ADA), and successfully responding to these cases requires an up-to-date and knowledgeable defense plan. So-called “drive-by” ADA lawsuits have been on the rise for a few years, elevated most recently by two plaintiffs who have each filed more than 30 such cases. As Fox 9 reports, the plaintiffs typically sue... Read more →
On April 29, Lind Jensen attorneys Bill Davidson and Grant Goerke successfully defended an appeal of a favorable district court decision in a defamation and anti-SLAPP case. Lind Jensen had first prevailed in the case years ago when the claims were dismissed in the district court and affirmed on appeal. The plaintiff then sought to reopen the case, arguing that he was entitled to void a satisfied judgment based on a subsequent change in the law. Lind Jensen defeated that attempt and prevailed... Read more →
Shareholder Tom Jensen will be speaking on “Defense of Opioid Malpractice and Board Discipline Complaints” at the tenth annual meeting of Professional Liability Defense Federation. This conference will be held at the W Chicago Lakeshore on September 26, 2019.
Nick Rauch’s article Towing and Storage Liens: What to Do When Your Towing Bill Looks Like “Highway Robbery” was recently published in the latest edition of the DRI Trucking Law newsletter, In Transit. The article discusses potential ways to resolve excessive towing and storage charges for trucking companies. Click on link below for article. http://www.dri.org/docs/default-source/webdocs/newsletters/2019/in_transit_vol_22_iss_1.pdf?sfvrsn=2
On March 8th 2019. Lind Jensen Sullivan & Peterson P.A. gave a lunchtime presentation at the Hennepin County Bar Association for the committee on lawyer’s professionalism and ethics titled ‘Current Developments Regarding the Legal Malpractice Statute of Limitations’. See attached PowerPoint. The End, The Beginning of the End, The End of the Beginning (HCBA CLE) (...
Shareholder Thomas J. Evenson was reappointed by the Minnesota Governor to serve as a Member on the Minnesota Compensation Council. State law has established a Compensation Council to meet in the odd numbered years to make recommendations to the legislature regarding the salaries of judges and constitutional officers. The council also makes recommendations regarding salary ranges for heads of state and metropolitan agencies. The council must report its recommendations to the speaker of the... Read more →
Brian Wood obtained a defense verdict in Scott County District Court on behalf of his client, Schmitty & Sons Transit, Inc. Plaintiff alleged that the defendant made an illegal right turn that precipitated his running into the bus. Defendants disputed the bus driver was acting illegally. Plaintiff had a neck fusion and left shoulder reconstruction following the accident. The demand exceeded one million dollars. Defendant was found not negligent for the accident. The case is Douglas Sato v.... Read more →
On Monday February 4th 2019, Lind Jensen attorneys Bill Davidson and Grant Goerke secured an appellate victory on behalf of their client, a non-profit employer, in an employment discrimination case before the Minnesota Court of Appeals. The Court of Appeals affirmed the dismissal of a former employee’s claim that the employer terminated her employment because of her age and in violation of the Minnesota Human Rights Act. Davidson and Goerke defended the employer in the district court and... Read more →
Attorney Michael Burke has recently been admitted to both the Iowa and Wisconsin State Bar Associations. Michael takes pride in his work and enjoys guiding clients throughout the litigation process and advising them on the steps necessary to avoid potential disputes. Congratulations Michael.
Congratulations to attorney Molly de la Vega for her acceptance to both the North and South Dakota Bar. Molly focuses her practice insurance defense litigation, primarily in workers’ compensation and employment matters.
Congratulations to Lind Jensen Sullivan & Peterson Attorney Nicholas A. Rauch. He was admitted to the federal bar to the District of Minnesota on Wednesday November 15th. Judge Tunheim presided over the hearing in his Minneapolis courtroom.
On October 24th Timothy Jung presented as part of an educational event at Sedgwick in Eden Prairie, entitled Mechanism of Injury - the interaction of human anatomy and mechanism of injury in the work place.
Lind Jensen Sullivan & Peterson congratulates the Minnesota Defense Lawyers Association on winning DRI’s State and Local Defense Organization’s Diversity Award. This award is given annually to the SLDO showing exemplary work in the area of diversity and inclusion in the defense bar. Minnesota won for the hard work and success of its Diversity Committee, which was founding during the administration of past MDLA President and LJSP partner Mark Fredrickson. LJSP partners Matt Sloneker and... Read more →
Congratulations to Lind, Jensen, Sullivan & Peterson Partner Mark Fredrickson on his election to DRI’s national board of directors as the North Central Regional director at DRI’s Annual Meeting in San Francisco 10/16-21/2018. During his three years on the board, Fredrickson will be responsible for continuing DRI’s mission of assisting DRI’s 22,000 members create and maintain a level playing field in civil litigation, providing the highest quality CLE, and working to advance the... Read more →
On October 4, 2018, the LJSP workers’ compensation team held its 10th Annual Sharpen Your Skills seminar. The theme this year was “Cracking the Work Comp Algorithm.” With the help of Dr. Paul Arbisi, Dr. Patrick Morris, Rene Duclos, and Michelle Theis, the team presented on a range of topics including medical management of a claim after a work injury, employment law for the work comp professional, 2018 statute and case-law updates (including new laws that went into effect on... Read more →
On September 27, 2018, Thomas Jensen and Molly de la Vega presented at the 2018 FETTI (The National Forum for Environmental and Toxic Tort Issues) conference in Chicago. Their presentation focused on the Post-Sale Duty to Warn and Substantial Factor Causation. If you are interested in obtaining a copy of the presentation materials, or have any questions about the presentation or Toxic Torts (asbestos, talc, roundup, etc.), please do not hesitate to contact Tom or Molly! Thomas... Read more →
Lind Jensen Sullivan & Peterson Attorneys’ Bill Davidson, Tim Jung, Katie Storms, Ryan Myers, Michael Burke, Grant Goerke, and Molly de la Vega presented along with Commissioner Kevin Lindsey from the Minnesota Department of Human Rights on various topics affecting todays work environment. Executive Directors, Human Resource Managers, and Supervisors were invited to attend the Seminar at the Lost Spur Golf & Event Center in Eagan. Topics presented included HIPPA and Data... Read more →
Lind, Jensen, Sullivan & Peterson is pleased to announce that shareholder, Katie H. Storms, has been elected to the Minnesota Defense Lawyer Association’s (MDLA) Board of Directors. The MDLA serves the needs of civil defense attorneys and represents the defense viewpoint on legislation, court and procedural issues, or through the Minnesota State Bar Association. Ms. Storms will serve her two year term with a special interest in furthering matters involving women in the legal... Read more →
Mark Fredrickson has been elected to the national Board of Directors of DRI, the Voice of the Defense Bar. He will serve as the North Central Regional Director for a 3 year term. Mark previously served a 3 year term as DRI’s Minnesota State Representative and was President of the Minnesota Defense Lawyer’s Association. DRI, the Voice of the Defense Bar is the leading national civil defense lawyers association, with over 21,000 members nationwide and is engaged in education, advocacy and... Read more →
On August 8, 2018, the Minnesota Supreme Court clarified its 2013 decision Dykhoff vs. Xcel Energy. In Dykhoff, the Supreme Court applied the long-standing “increased risk” test to state that an Employee who falls on a flat dry surface generally does not have an injury that “arises out of" her employment. For the last five years we've been working to apply this standard to a number of scenarios, including stairway injuries. Ms. Roller-Dick fell on a stairway. She was carrying a plant... Read more →