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 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 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 →
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 was recently named Chair of Professional Liability Defense Federation's Investment Professional E&O Claims Committee for the 2015 term.
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 recently authored "Survey of Veterinary Malpractice Litigation", published in the Winter 2015 issue of Professional Liability Defense Quarterly.
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 →
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
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 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 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.
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.
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 →
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 →
On October 28th, Timothy Jung participated as featured speaker at a webinar for CNA insurance companies regarding Fraud Detection and Claims Management.
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 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 →
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
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 →
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.
On September 10th, Timothy Jung spoke at a training session with FedEx Ground concerning risk management and preparing for depositions.
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.
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... Read more →
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.
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.... Read more →
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 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. 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... Read more →
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.
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... Read more →
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.
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.... Read more →
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 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... Read more →
At the Minnesota Women Lawyers 42nd 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
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 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 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.
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... Read more →
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.
On March 27, 2014, Tim Jung and Matt Sloneker spoke at the Minnesota Trucking Association’s Trucking Law Conference. Tim and Matt discussed the “reptilian approach” now being utilized by personal injury plaintiffs in increasing numbers, and offered insight into how to combat such tactics. They also discussed the preparation of safety managers and drivers for depositions in this new environment.
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... Read more →
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... Read more →
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.
A national commercial insurer recently graded the firms counsel at 9.65 out of 10 in its yearly report card.
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 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”.
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... Read more →
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... Read more →