Bill Davidson spoke on April 20, 2017 on a panel discussion concerning Minnesota’s “informal conference” statute relating to medical malpractice claims. The panel addressed what the future holds for informal conferences in light of the Minnesota Supreme Court’s recent decision in Howard v. Svoboda, 890 N.W.2d 111 (Minn. 2017). The 2017 Medical Malpractice Conference was sponsored by the Hennepin County Bar Association, Minnesota Defense Lawyers Association and the Minnesota Association... Read more →
Hiawatha Valley Mental Health Center (HVMHC) had been sued for negligence and other claims arising from the death of a woman in 2013. The decedent’s next of kin argued that HVMHC breached a duty to the decedent and failed to provide services that may have avoided her death. Attorneys Tim Jung and Matt Sloneker argued to Judge Mary C. Leahy of the Winona County District Court that HVMHC did not owe a duty and therefore could not be held negligent. Judge Leahy agreed and granted summary... Read more →
Timothy Jung has been nominated to serve as Chair of the Workers’ Compensation and Employers’ Liability Law Committee of the Tort Trial & Insurance Practice Section of the American Bar Association, and to serve in that capacity for 2017-2018.
Tom Jensen has launched a website and blog at www.malpracticedefense.org that focuses on professional liability, breach of fiduciary duty and malpractice insurance coverage developments in Minnesota, North Dakota and Wisconsin.
Shareholder Elizabeth Sorenson Brotten will moderate a panel at the Defense Research Institute’s Toxic Tort and Environmental Law Seminar on March 23-24, 2017 in New Orleans, Louisiana. The panel, titled “Science as a Second Language: How to Teach the Jury About Uncertainty and Science,” will include Robert Bettler, Ph.D., of DecisionQuest and Christina Marinakis, J.D., Psy.D., of Litigation Insights. The panel will compare the responses of actual mock jurors to those of the audience... Read more →
LJSP partner Mark Fredrickson and associate Grant Goerke successfully persuaded Scott County (MN) Judge Rex Stacey to grant summary judgment to their client ISD #719. Plaintiff sustained a bad broken ankle and leg when she went to pick up her daughter from a after school daycare facility run by the district at an elementary school building. The accident happened on a non-school day during the first winter weather of the year. Fredrickson and Goerke successfully argued that Minnesota’s mere... Read more →
Tom Jensen addressed chiropractic educators in a webinar on the subject of chiropractic risk management sponsored by NCMIC Insurance Company that aired on February 15 and will continue on April 12. Tom Jensen analyzed optometric malpractice claims in the current issue of Professional Liability Defense Quarterly, published by Professional Liability Defense Federation.
On February 1, 2017, Thomas J. Evenson, a Shareholder at Lind, Jensen, Sullivan & Peterson, PA, was selected to serve as a Chair on a Lawyers Board Panel for the Lawyers Professional Responsibility Board.
Judge Swenson will be continuing his ADR practice in his Of Counsel role, and we look forward to using his many years of practical experience on the bench to assist us in continuing to provide our clients with the highest quality litigation services. Judge Swenson’s ADR practice includes adjudicative work as an arbitrator and consensual special magistrate, evaluative mediation and moderated settlement conferences, and service as a special master. Although his recent focus has centered on... Read more →
On January 11, 2017, Governor Mark Dayton appointed Thomas J. Evenson, a Shareholder at Lind, Jensen, Sullivan & Peterson, PA, to the Compensation Council. The Council assists the legislature in establishing compensation for constitutional officers, justices of the Minnesota Supreme Court, judges of the Minnesota Court of Appeals and District Courts, and the heads of state and metropolitan agencies specified in statute. The appointment is effective January 15, 2017.
Elizabeth Brotten was recently featured in Bench & Bar of Minnesota, the official publication of the Minnesota State Bar Association. Brotten, who recently spoke at a CLE on what new lawyers can do to set themselves up for success early in their career, provided advice geared toward newer lawyers in the November 2016 edition of the publication. In her article, Brotten advises new attorneys to take ownership over career trajectory, build a solid reputation, and make and maintain... Read more →
Elizabeth Brotten recently published an article addressing talcum powder litigation, in which a growing number of women nationwide have alleged that their use of talcum powder has caused them to develop ovarian cancer. Brotten’s article was published in Minnesota Defense, the publication of the Minnesota Defense Lawyers Association (MDLA). While ovarian cancer talcum powder claims are relatively new in Minnesota, plaintiffs in St. Louis, Missouri courts have won verdicts of $72 million, $55... Read more →
Lauren received three favorable orders today for her pro bono clients. She represented a Laotian woman in seeking unpaid wages from her former employer in Hennepin County Conciliation Court. The referee awarded Lauren’s client $5,700. She also represented a homeless man seeking expungement of two criminal convictions. These convictions were preventing the client from finding work or housing. Lauren was able to obtain expungements of both convictions in separate orders, in Hennepin County... Read more →
Kudos to the Lind Jensen Sullivan & Peterson P. A. Attorneys who are featured in the most recent edition of the Federal Bar Association Bar Talk Newsletter MN Chapter. Lead by Pro Bono Chairperson Jack Moore, LJSP attorneys have handled over 90 Pro Bono matters in the last six years. See attached article below. fba-bar-talk-article-september-2016
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 →
Visit www.pldf.org to review the article.
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 →