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 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.
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.
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.
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, a Shareholder at Lind, Jensen, Sullivan & Peterson, PA, was reappointed as an HCBA representative to the MSBA Assembly for the 2015-16 term.
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 →
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 →
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 →
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 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 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.
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 →
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 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 →
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 →