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... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
Connie Armstrong has been elected to the office of President-Elect for Minnesota Women Lawyers
Connie Armstrong, a shareholder at Lind, Jensen, Sullivan & Peterson, P.A., has been elected to the office of President-Elect for Minnesota Women Lawyers 2015-2016. Minnesota Women Lawyers (MWL) is an association of over 1300 attorneys, judges, and legal employers who are committed to advancing the success of women attorneys. Press Release - MWL Elects New Officers
2015 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. 2015 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.... Read more →
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... Read more →
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... Read more →
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.
Welcome New Associate
Lind, Jensen, Sullivan & Peterson, P.A. is pleased to announce that Katie Storms has joined the firm as an Associate attorney. Katie is a graduate of the College of St. Benedict/St. John’s and The University of St Thomas School of law. Her primary areas are insurance defense litigation and workers’ compensation.
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... Read more →
Thomas J. Evenson, was Reappointed as an HCBA Representative to the MSBA Assembly
Thomas J. Evenson, a Shareholder at Lind, Jensen, Sullivan & Peterson, PA, was reappointed as an HCBA representative to the MSBA Assembly for the 2015-16 term.
Connie Armstrong Elected as Minnesota Women Lawyers President-Elect
Lind, Jensen, Sullivan & Peterson, P.A. is pleased to announce that Connie Armstrong, a shareholder with the firm, has been elected to serve a one-year term as President-Elect on the Minnesota Women Lawyers (MWL) 2015-2016 Board of Directors. Her board term will begin July 1, 2015. Established in 1972, MWL is made up of more than 1,300 attorneys, judges, law students, legal employers and legal professionals who are all dedicated to advancing women attorneys and striving for a just... Read more →
Lind, Jensen, Sullivan & Peterson Succeed on Declaratory Judgment Action
Brian Wood, Bill Davidson, and Peter Stiteler successfully won a declaratory judgment action brought on behalf of their insurer client in which the insurer argued that its policy did not provide UM/UIM coverage for an accident arising between the insured semi-tractor trailer and a snowmobile. The United States District Court, District of Minnesota, agreed, reasoning that a snowmobile was not an “auto” as defined by the policy and was not required to be insured under Minnesota’s No-Fault... Read more →
Lind, Jensen, Sullivan & Peterson Team Receives Another Favorable Appellate Opinion in School Immunity Case
Tim O’Connor, Bill Davidson, and Peter Stiteler successfully defended Forest Lake Area Schools and two of its teachers against a claim from a student who was injured during a physical education class. The Minnesota Court of Appeals reversed the district court’s decision to not dismiss the negligent supervision lawsuit, holding that the teachers were entitled to official immunity and the school was entitled to vicarious official immunity. The Court reasoned that the “active and dynamic... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
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”... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
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... Read more →
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. ... Read more →
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.
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... Read more →
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... Read more →
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... Read more →