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 →
The 8th Circuit Court of Appeals has ruled in favor of the defendants in Ekblad v. St. Paul Public Schools Eighth Circuit Opinion-5029. Lind Jensen attorneys Mark Fredrickson and João Mederios wrote the Amicus brief on behalf of the Minnesota Defense Lawyers Association supporting the defense position that Ekblad’s claims were barred by application of exclusive remedy provisions of the Minnesota Workers Compensation Act. Ekblad had argued that the school district’s revised discipline... Read more →
Tom Jensen and Molly de la Vega will speak on post-sale duty to warn and substantial factor causation developments at the Forum for Environmental and Toxic Tort Issues Annual Conference in Chicago on September 27, 2018
On July 19, 2018, Lind, Jensen, Sullivan & Peterson, P.A. sponsored the first networking and marketing event for the Women of Worker’s Compensation (WOW). The event was held at Ciao Bella, in Edina and well attended by members of both the plaintiff and defense bars and women from the State of Minnesota, and the Department of Labor and Industry. The group was formed by Katie Storms, a shareholder at Lind, Jensen, Sullivan & Peterson, and Amanda Furth, an attorney practicing... Read more →
2018 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 Timothy J. O’Connor, Civil Litigation Defense Paul C. Peterson. Professional Liability Defense Matthew D. Sloneker, Civil Litigation Defense Eric J.... Read more →
Partner Mark Fredrickson testified on behalf of MDLA, DRI The Voice of the Defense Bar, the FDCC and other national civil defense lawyer organizations in support of a proposed change in Minnesota Rule of Evidence 702 at a hearing held by the Minnesota Supreme Court regarding the Supreme Court Rules of Evidence Advisory Committee's proposed amendments to the Minnesota Rules of Evidence. Fredrickson argued that while the Committee's proposed rule adopting the National Conference of Commissioners... Read more →
Tom Jensen will lead a panel presentation on defense of insurance agents and brokers involved in E&O claims at the 2018 Professional Liability Underwriting Society International Conference in San Diego, November 7-9, 2018.
Brandon's primary areas of practice are business disputes, employment litigation, general liability, and insurance litigation.
The Minnesota Court of Appeals recently affirmed a defense verdict obtained by Paul Peterson in a medical malpractice trial. Bill Davidson and João Medeiros assisted Peterson in defending the appeal. The Plaintiff alleged severe disabilities after sustaining a stroke in the hospital. The plaintiff alleged that the stroke occurred due to the doctors’ failure to properly regulate his high blood pressure. The defense alleged that the treatment provided met the standard of care, and that... Read more →
On April 26th Timothy Jung will be speaking at The 2018 Workers’ Compensation Institute, a Minnesota Continuing Legal Education program. He will be a panelist discussing medical evidence at trial.
Timothy Jung was invited to give a presentation on April 3rd concerning Opioids, the current crisis and weaning periods, as part of continuing insurance education at Gallagher Bassett Services in Maple Grove, MN.
Shareholder Bill Davidson received the honor of being reappointed to the Minnesota Supreme Court Advisory Committee on the Rules of Civil Appellate Procedure. His term runs through the end of 2020. Bill regularly practices before Minnesota’s appellate courts, and has handled over two-hundred appeals.
On March 3, 2018, Timothy Jung was inducted into the College of Workers’ Compensation lawyers. The College honors lawyers who “possess the highest professional qualifications and ethical standards, character, integrity, professional expertise and leadership… and have shown significant evidence of scholarship, teaching, lecturing, and/or distinguished published writings on Workers’ Compensation or related fields of law.”
Timothy Jung participated in the American Bar Association Workers’ Compensation Midwinter Conference in Nashville, TN on March 1st and 2nd. On the first day of the conference, Tim moderated a panel discussion concerning mental health injuries and worker’s compensation coverage.
Molly de la Vega recently published an article in the Minnesota Defense Lawyers Association Mid-Winter Magazine titled “The Gig Economy: Concerns For Businesses Who Hire Non-Traditional ‘Gig’ Workers”. The article explores the issues businesses and organizations face when hiring “gig workers,” and how gig workers may require employers to re-examine who they classify as employees versus independent contractors. See article below. The Gig Economy - Concerns For Businesses Who... Read more →
For information on malpractice, breach of fiduciary duty, and errors and omissions claims in Minnesota, North Dakota and Wisconsin see Tom Jensen’s blog at www.malpracticedefense.org. For access to Tom Jensen’s monthly Minnesota state court civil jury verdict report see www.mediatorminnesota.com.
Lind, Jensen, Sullivan & Peterson, P.A. is very pleased to announce that Katie Storms has been elected as a firm shareholder. A graduate of the St Thomas School of Law, Ms. Storms focuses her practice on insurance defense litigation, primarily in the workers’ compensation arena. She specialized in representing employers and insurers in a variety of complex employment and workers’ compensation issues. Katie also serves as a volunteer attorney for the VLN, and has handled a... Read more →
On January 2, 2018, attorneys Mark Fredrickson, Katie Storms, and Joao Medeiros presented the first oral argument of the new year before the Minnesota Supreme Court.
Lind, Jensen, Sullivan & Peterson, P.A. will be hosting its annual 2017 Five-State Midwest Law Update webinar from 9:00 A.M. to 11:05 A.M. The webinar will consist of concise presentations for Minnesota, Wisconsin, Iowa, North Dakota and South Dakota legal updates. Continuing education credits have been approved. Additional information and the link to register can be found here: Registration
Thomas J. Evenson, a Shareholder at Lind, Jensen, Sullivan & Peterson, PA, was recently nominated by the Minnesota State Bar Association Assembly to serve another term as a Lawyer Member on the Lawyers Professional Responsibility Board.
Tom Jensen led a panel presentation on “Defense and Adjustment of Chiropractic and Outpatient Surgery Center Cases” at Professional Liability Defense Federation’s Annual Meeting in Chicago on September 28, 2017.
Timothy Jung was selected to edit and update the Workers’ Compensation chapter of the Minnesota Insurance Law Deskbook. The Insurance Law Deskbook is available through the Minnesota State Bar Association and Minnesota Continuing Education.
Please join us for the 9th Annual Sharpen Your Skills Seminar. This year’s event will address the expanding world of workers’ compensation claims, technology in litigation, and the changing face of the Minnesota workforce. From investigating a claim, to returning an injured employee back to the work force, topics will include examining the changing nature of the employment relationship, new surveillance tactics, and the rapidly expanding nature of mental health claims. Our featured speakers... Read more →
Timothy Jung has been appointed chair of the Workers’ Compensation and Employer Liability committee of the Tort, Trial and Insurance Practice section of the American Bar Association, for 2017-18.
Tom Jensen's Article "Building a Successful Mediation Practice" was published in this months edition of the DRI's For the Defense.
More than half of Lind, Jensen, Sullivan & Peterson’s attorneys named Minnesota Super Lawyers or Rising Stars. Super Lawyers William L. Davidson Appellate Mark 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 Timothy J. O’Connor Civil Litigation: Defense Paul C. Peterson Professional... Read more →
Thomas J. Evenson, a Shareholder at Lind, Jensen, Sullivan & Peterson, PA, was reappointed by the Hennepin County Bar Association to serve as the Hennepin County Bar Association Voting Representative to the MSBA Assembly.
Thomas J. Evenson, a Shareholder at Lind, Jensen, Sullivan & Peterson, PA, was nominated to serve as the President-Elect for the Mitchell Hamline School of Law Alumni Association Board for the 2017 to 2018 school year. The Mitchell Hamline Alumni Association promotes relationships among alumni, and between alumni and Mitchell Hamline and current students. It does this through encouraging alumni to attend CLEs and events (such as the Alumni Golf Tournament and the Women in Law Tea), to... Read more →
Lind, Jensen, Sullivan & Peterson employees are proud to have contributed to the efforts of the Defense Research Institute (DRI) to support our service members and their families. During the 2017 Toxic Torts & Environmental Law Seminar in New Orleans, Louisiana, seminar attendees joined forces with Operation Gratitude to assemble “Battalion Buddies” teddy bears to be sent to children of deployed service members. In just a few hours’ time, the group assembled nearly 300 bears... Read more →
The Minnesota Data Practices Act does not cover data practices requests to attorneys who are working for a governmental agency in a professional capacity. That is the state of the law in Minnesota after the Minnesota Supreme Court denied further review of a published decision obtained by the Minnesota Court of Appeals that dismissed a Minnesota Data Practices Act claim against city attorney represented by Lind, Jensen, Sullivan & Peterson, P.A. Paul Peterson, Eric Steinhoff, and João... Read more →
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 →