Lind Jensen Sullivan and Peterson welcome; Shareholders Ryan C. Ellis, Jennifer M. Waterworth, Paralegals Nicole Kvarnlov, Kathy Mullholland, and Legal Assistant Kimberly McKenzie. All are joining the firm from Gislason and Hunter LLP.
Attorney Michael Burke obtained an order dismissing negligence-based claims against a general contractor. The Plaintiff alleged that the general contractor’s duty of care extended to areas beyond the construction zone. In dismissing the case, the court found that Plaintiff failed to put forth evidence necessary to support his claims and reaffirmed that a construction company’s duty of care does not include areas beyond the construction zone. Johnson v. Mathiowetz Constr. Co., Court File No. 74-CV-19-1044 (Apr. 2, 2020).
Michael Burke authored an article titled Practical and Ethical Pitfalls of Audio Recording Neuropsychological Examinations, which is featured in the Winter 2020 issue of Minnesota Defense magazine. The article addresses the mechanics of obtaining an order for examination and provides guidance for combating situations in which an injured party objects to undergoing a neuropsychological IME absent an audio recording. https://cdn.ymaws.com/www.mdla.org/resource/resmgr/media/MDLA-Magazine-Winter-2020.pdf
Michael Burke has co-authored an article titled The Advocacy Preferences of Construction Arbitrators, which is featured in the Winter 2020 issue of the Journal of the American College of Construction Lawyers. The article surveys 231 experienced construction arbitrators throughout the United States in order to uncover what advocacy techniques arbitrators find to be persuasive, and similarly, what techniques arbitrators find to be unpersuasive. As the editor’s note states, “this analysis looks into actual preferences of established arbitrators,” and is an “example of original and timely research on a matter of great importance.”
Attorneys Patrick Larkin and Michael Burke obtained an order from the court dismissing with prejudice all claims made under the Family Medical Leave Act and the Minnesota’s Whistleblower Act. Olinger v. Renville Cty. Hosp. & Clinics, 2019 WL 5901379 (D. Minn. Nov. 12, 2019) (ECT/TNL).
Attorneys Brian Wood and Michael Burke obtained an order from the court dismissing with prejudice a more than quarter-million dollar contribution and indemnity claim pertaining to a damaged wind turbine. Juhl Energy, Inc. v. G. NcNeilus, LLC et al., Dodge Court File No. 20-CV-18-146 (Oct. 29, 2019).
Nicholas Rauch has an article titled ‘Counteranchoring: An Important Thought Before Trial’ that was published in the DRI The Voice see attached article.http://www.dri.org/docs/default-source/webdocs/the-voice/2019/voice_11_20_19.pdf?sfvrsn=2
Susan Stokes will be part of a panel today at the University of Minnesota Law School, speaking about careers in environmental and energy law. See Facebook link below: https://www.facebook.com/umneels/
Attorneys Brian Wood and Nicholas Rauch were granted summary judgment on products liability claims against a firearm manufacturer. The Court ruled that Plaintiff failed to evidence a defect to support claims for products liability and failed to disclose an expert who would opine to the alleged mechanical defect in the firearm. The Court also ruled that Plaintiff had failed to adequately support claims for abnormally dangerous activity, stemming from the manufacturing and distribution of the firearm. All claims against the firearm manufacturer were dismissed with prejudice. Carnea Roberson v. STI International & Bill’s Gun Shop; 62-CV-19-79 (Nov. 12, 2019; Ramsey Cty.)
Attorneys Jack Moore and Nicholas Rauch were granted summary judgment on landowner liability claims against an apartment complex. The Court ruled that the apartment complex did not have a duty to maintain an adjacent lot, which contained an injury causing condition. All claims against the apartment complex were dismissed, with prejudice. AWK, a minor, by his father and natural guardian of Travis Klein v. Robert Hanson and Steven Mahacek; 19HA-CV-19-1970 (Nov. 12, 2019; Dakota Cty.)
On October 22nd Timothy Jung presented an educational program at Federated Insurance in Owatonna, MN on the subject of PTSD claims and traumatic brain injuries.
| Winter is here, but there are still a few spots available for Thursday’s (9/26) workers’ compensation Sharpen Your Skills seminar!
Food, drink, and parking are provided. We hope to see you there.
September 26, 2019 |
Shareholder Susan Stokes will be presenting ‘Conservation Provisions in Agricultural Leases’ at Women Caring for the Land event tomorrow. See attached information WOMEN CARING FOR THE LANDAgendaStillwater2019Sept26 WomenCaring2019Sept26
Tom Jensen’s memorandum on “Defense of Opioid Malpractice and Board Discipline Complaints” supporting his presentation to the 10th Annual Meeting of Professional Liability Defense Federation on September 26, 2019 in Chicago, is available here Opioid Materials – 2019
Susan has experience in a broad range of practice areas, including employment law, administrative law, and agricultural law. She recently served as Assistant Commissioner at the Minnesota Department of Agriculture, where she oversaw the agency’s regulatory work. Susan is admitted to practice before the state and federal courts of Minnesota, the Eighth Circuit Court of Appeals, and the United States Supreme Court.
Lind Jensen Sullivan & Peterson is pleased to welcome new associate Ryan P. Torpey to the Firm. Ryan practices civil litigation, primarily in the areas of professional liability and insurance defense. Before joining the firm, Ryan was a law clerk to the Hon. Bruce A. Peterson of the Minnesota Fourth Judicial District. There, he drafted court orders in a variety of civil matters, including malpractice, contract and insurance law. Ryan received his J.D. from the University of Minnesota Law School, and his B.A. with high distinction from the University of Minnesota.
Tom Jensen presented “Defense of First- and Third-Party Bad Faith Claims” to the RAM Mutual Claims Department on July 19, 2019.
Attorneys Timothy Jung, Katie Storms, and Joao Medeiros represented one of Minnesota’s counties regarding an appeal to the Minnesota Supreme Court. The case involved the legal framework applicable to work injuries involving claims of post-traumatic stress disorder. In an unanimous opinion issued on July 17, 2019, our client prevailed. The Supreme Court reversed the decision of the Workers’ Compensation Court of Appeals, and reinstated the decision of the trial judge that was favorable to the county. The Court accepted our argument that the finding of PTSD is a fact question, not a legal checklist, thus preserving the value of independent medical examinations and the role of the fact finder to choose between competing expert opinions. Understanding the unique perspective and responsibilities of the public employer was key to this successful outcome.
2019 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 (Not Pictured)
Timothy J. O’Connor, Civil Litigation Defense (Not Pictured)
Paul C. Peterson. Professional Liability Defense
Matthew D. Sloneker, Civil Litigation Defense
Eric J. Steinhoff, Civil Litigation Defense
Brian A. Wood, Personal Injury General Defense
2019 Minnesota Rising Star:
João C.J.G. de Medeiros, Appellate
Ryan P. Myers, Employment and Labor
Shareholder Thomas J. Evenson was reappointed by Minnesota Governor Tim Walz to serve as a public member on the Minnesota Automobile Assigned Claims Bureau.
Small businesses throughout Minnesota are facing surprising claims that they have discriminated against persons with disabilities and violated the Americans with Disabilities Act (ADA), and successfully responding to these cases requires an up-to-date and knowledgeable defense plan.
So-called “drive-by” ADA lawsuits have been on the rise for a few years, elevated most recently by two plaintiffs who have each filed more than 30 such cases. As Fox 9 reports, the plaintiffs typically sue a local business, alleging technical violations of the ADA, and quickly request a settlement payment.
Minnesota’s courts and legislature have started to take notice, with the state recently passing a law requiring plaintiffs who sue for disability discrimination based on architectural barriers to provide notice to the owner and an opportunity to remedy any violations before commencing litigation. But plaintiffs and their attorneys have already adapted, often choosing to pursue claims in federal court where similar notice is not required.
Lind Jensen attorneys have successfully defended and resolved these claims on behalf many clients and are consistently monitoring case developments in order to apply the most appropriate defenses based on the facts of each case.
On April 29, Lind Jensen attorneys Bill Davidson and Grant Goerke successfully defended an appeal of a favorable district court decision in a defamation and anti-SLAPP case. Lind Jensen had first prevailed in the case years ago when the claims were dismissed in the district court and affirmed on appeal. The plaintiff then sought to reopen the case, arguing that he was entitled to void a satisfied judgment based on a subsequent change in the law. Lind Jensen defeated that attempt and prevailed on appeal for a second time. The Minnesota Court of Appeals in Nygard v. Walsh, No. A18-1315, agreed with Davidson and Goerke’s arguments that the district court lacked jurisdiction to hear a motion to vacate the satisfied judgment and that the change in law did not permit the judgment to be vacated.
Shareholder Tom Jensen will be speaking on “Defense of Opioid Malpractice and Board Discipline Complaints” at the tenth annual meeting of Professional Liability Defense Federation. This conference will be held at the W Chicago Lakeshore on September 26, 2019.
Nick Rauch’s article Towing and Storage Liens: What to Do When Your Towing Bill Looks Like “Highway Robbery” was recently published in the latest edition of the DRI Trucking Law newsletter, In Transit. The article discusses potential ways to resolve excessive towing and storage charges for trucking companies.
Click on link below for article.
http://www.dri.org/docs/default-source/webdocs/newsletters/2019/in_transit_vol_22_iss_1.pdf?sfvrsn=2
On March 8th 2019. Lind Jensen Sullivan & Peterson P.A. gave a lunchtime presentation at the Hennepin County Bar Association for the committee on lawyer’s professionalism and ethics titled ‘Current Developments Regarding the Legal Malpractice Statute of Limitations’. See attached PowerPoint. The End, The Beginning of the End, The End of the Beginning (HCBA CLE) (…
Shareholder Thomas J. Evenson was reappointed by the Minnesota Governor to serve as a Member on the Minnesota Compensation Council.
State law has established a Compensation Council to meet in the odd numbered years to make recommendations to the legislature regarding the salaries of judges and constitutional officers. The council also makes recommendations regarding salary ranges for heads of state and metropolitan agencies. The council must report its recommendations to the speaker of the house of representatives and the president of the senate by April 1 in each odd-numbered year. https://www.revisor.mn.gov/statutes/cite/15a.082
Brian Wood obtained a defense verdict in Scott County District Court on behalf of his client, Schmitty & Sons Transit, Inc. Plaintiff alleged that the defendant made an illegal right turn that precipitated his running into the bus. Defendants disputed the bus driver was acting illegally. Plaintiff had a neck fusion and left shoulder reconstruction following the accident. The demand exceeded one million dollars. Defendant was found not negligent for the accident. The case is Douglas Sato v. Schmitty & Sons Transit, Inc., 70-CV-17-17504.
On Monday February 4th 2019, Lind Jensen attorneys Bill Davidson and Grant Goerke secured an appellate victory on behalf of their client, a non-profit employer, in an employment discrimination case before the Minnesota Court of Appeals. The Court of Appeals affirmed the dismissal of a former employee’s claim that the employer terminated her employment because of her age and in violation of the Minnesota Human Rights Act. Davidson and Goerke defended the employer in the district court and obtained summary judgment in their favor based on the employer’s legitimate reasons for the termination and the employee’s lack of evidence of discrimination. Davidson and Goerke also represented the employer before the Court of Appeals and successfully argued to uphold the summary judgment decision and dismissal. The Court of Appeals agreed that the termination was legitimate and that the employee’s complaints about the decision did not establish discrimination.
Attorney Michael Burke has recently been admitted to both the Iowa and Wisconsin State Bar Associations. Michael takes pride in his work and enjoys guiding clients throughout the litigation process and advising them on the steps necessary to avoid potential disputes. Congratulations Michael.
Congratulations to attorney Molly de la Vega for her acceptance to both the North and South Dakota Bar. Molly focuses her practice insurance defense litigation, primarily in workers’ compensation and employment matters.
Congratulations to Lind Jensen Sullivan & Peterson Attorney Nicholas A. Rauch. He was admitted to the federal bar to the District of Minnesota on Wednesday November 15th.
Judge Tunheim presided over the hearing in his Minneapolis courtroom.
On October 24th Timothy Jung presented as part of an educational event at Sedgwick in Eden Prairie, entitled Mechanism of Injury – the interaction of human anatomy and mechanism of injury in the work place.
Lind Jensen Sullivan & Peterson congratulates the Minnesota Defense Lawyers Association on winning DRI’s State and Local Defense Organization’s Diversity Award. This award is given annually to the SLDO showing exemplary work in the area of diversity and inclusion in the defense bar. Minnesota won for the hard work and success of its Diversity Committee, which was founding during the administration of past MDLA President and LJSP partner Mark Fredrickson. LJSP partners Matt Sloneker and Katie Storms are also on MDLA’s board. LJSP is proud of its commitment to diversity in the legal profession and the cutting edge work being done by MDLA in this area.
Congratulations to Lind, Jensen, Sullivan & Peterson Partner Mark Fredrickson on his election to DRI’s national board of directors as the North Central Regional director at DRI’s Annual Meeting in San Francisco 10/16-21/2018. During his three years on the board, Fredrickson will be responsible for continuing DRI’s mission of assisting DRI’s 22,000 members create and maintain a level playing field in civil litigation, providing the highest quality CLE, and working to advance the interests of civil defense lawyers and their clients in courts throughout the country. He will also have specific responsibility to work with defense lawyers in the North Central Region: Minnesota, Indiana, Illinois, Wisconsin, North Dakota and South Dakota. Mark becomes only the 3rd Minnesota lawyer to hold this position in the long history of DRI and as a result continues LJSP’s longstanding commitment to the civil defense bar and bar leadership.
On October 4, 2018, the LJSP workers’ compensation team held its 10th Annual Sharpen Your Skills seminar. The theme this year was “Cracking the Work Comp Algorithm.” With the help of Dr. Paul Arbisi, Dr. Patrick Morris, Rene Duclos, and Michelle Theis, the team presented on a range of topics including medical management of a claim after a work injury, employment law for the work comp professional, 2018 statute and case-law updates (including new laws that went into effect on 10/1/2018), PTSD, and tips for filing NOIDS and doing initial claim investigations.
We thank all those who attended, and hope to see you next year!
If you are interested in obtaining a copy of our materials, please contact a member of our work comp team and we will be happy to send a copy:
Timothy P. Jung – Timothy.jung@lindjensen.com
Mark A. Fredrickson – Mark.fredrickson@lindjensen.com
Katie H. Storms – Katie.storms@lindjensen.com
Molly H. de la Vega – Molly.delavega@lindjensen.com
On September 27, 2018, Thomas Jensen and Molly de la Vega presented at the 2018 FETTI (The National Forum for Environmental and Toxic Tort Issues) conference in Chicago. Their presentation focused on the Post-Sale Duty to Warn and Substantial Factor Causation.
If you are interested in obtaining a copy of the presentation materials, or have any questions about the presentation or Toxic Torts (asbestos, talc, roundup, etc.), please do not hesitate to contact Tom or Molly!
Thomas Jensen – Thomas.jensen@lindjensen.com
Molly H. de la Vega – molly.delavega@lindjensen.com
Lind Jensen Sullivan & Peterson Attorneys’ Bill Davidson, Tim Jung, Katie Storms, Ryan Myers, Michael Burke, Grant Goerke, and Molly de la Vega presented along with Commissioner Kevin Lindsey from the Minnesota Department of Human Rights on various topics affecting todays work environment.
Executive Directors, Human Resource Managers, and Supervisors were invited to attend the Seminar at the Lost Spur Golf & Event Center in Eagan. Topics presented included HIPPA and Data Privacy, Challenging Terminations, Properly Documenting Employee Performance Issues, New 2018 Workers’ Compensation Law, How to Prevent and Respond to Sexual Harassment in the Workplace, and Points of Interest in Discrimination Claims.
Lind Jensen Sullivan & Peterson’s next event the 10th Annual Sharpen Your Skills Seminar is on October 4th, 2018 see www.lindjensen.com/skills/ for additional info.
Lind, Jensen, Sullivan & Peterson is pleased to announce that shareholder, Katie H. Storms, has been elected to the Minnesota Defense Lawyer Association’s (MDLA) Board of Directors. The MDLA serves the needs of civil defense attorneys and represents the defense viewpoint on legislation, court and procedural issues, or through the Minnesota State Bar Association. Ms. Storms will serve her two year term with a special interest in furthering matters involving women in the legal profession. Please join us in congratulating Ms. Storms on this achievement.
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 networking for civil defense lawyers and their clients. Mark’s election continues the significant leadership provided by Lind Jensen Sullivan & Peterson attorneys and confirms the high regard with which the firm is held by civil defense professionals nationwide.
Congratulations Mark.
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 and her handbag.
The compensation judge denied the claim as not arising out of her employment. The WCCA reversed, stating broadly that a stairway always creates an increased risk of injury.
The Minnesota Supreme Court rejected that overly broad statement.
The increased risk standard remains. To prove compensability, an Employee must establish a connection between the Employee’s work environment and her injury.
“For an injury sustained on an employer’s premises to arise out of employment, the Employee must have faced a hazard that originated on the premises as part of the working environment.” In Roller-Dick, the Supreme Court was persuaded that there was an increased risk because the Employee was carrying a plant that was given to her by a co-worker.
Depending on the facts, a stairway may still be a neutral condition that does not expose the Employee to a hazard of her employment. The Court did not find stairways inherently dangerous or risky. We must look at the facts of each case to determine whether the Employee was “exposed to circumstances in her workplace that increased her risk of falling.”
For more information or Worker’s Compensation questions contact: Timothy P. Jung, Mark Fredrickson, Katie Storms, or Molly de la Vega.
See link StateofMNA17-1816
Finally save the date for Lind Jensen Sullivan & Peterson’s 10th Annual Sharpen Your Skills Seminar on October 18th.
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 policy had led to an increase in student disruption because of lack of consequences, which in turn led to a student violently attacking him and asking onlookers whether they had seen him beat that “white ass teacher.” The court agreed with MDLA’s position that none of the exceptions to the exclusivity provisions applied and that the district’s policy and the individual defendants’ role in formulating and implementing that policy did not so shock the conscious so as to give rise to a §1983 claim against them. Mark FredricksonBio and João MedeirosBio have extensive experience in the intersection of tort law and workers compensation. Please feel free to contact them with any questions in this area.
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 plaintiff’s law at Osterbauer & Associates.
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. Steinhoff, Civil Litigation Defense
Brian A. Wood, Personal Injury General Defense
2018 Minnesota Rising Star:
Ryan P. Myers, Employment and Labor
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 on Uniform State Laws version of 702 was preferable to the current MRE 702, fully adopting Federal Rule 702 would result in better, more uniform rule of law. The Federal rule is, of course, used by all Federal Courts and about 2/3rds of the states. A copy of the defense organizations’ joint submission to the S. Ct. and a comparison between the three rules is attached. The Supreme Court will issue an order in response to the Advisory Committee’s recommendations in the near future. Please feel free to contact Mark at (612) 746-0106 or Mark.fredrickson@lindjensen.com with any questions.
DC-#660584-v1-Comparison_of_Potential_Minnesota_Expert_Testimony_Standar… DC-#660705-v1-2018_Defense_Bar_Comment_supporting_Minnesota_adoption_of_Daubert_PDF
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 plaintiff’s stroke and related complications were brought on by many years of alcohol abuse. On appeal, the patient argued that the district court should not have allowed the treating doctors to introduce evidence that his alcohol abuse had caused the complications. The Court of Appeals disagreed, and stated that the district court properly admitted the evidence, and the jury appropriately applied it.
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.
