2016 Five-State Midwest Law Update Webinar

On April 19, 2016, Lind, Jensen, Sullivan & Peterson, P.A. presented a live online webinar which provided a summary of current law and updates on law developments in the states of Minnesota, Wisconsin, Iowa, North Dakota, and South Dakota. The webinar consisted of 5 separate 20 minute presentations summarizing law updates in the areas of civil litigation relevant to your practice, including updates on topics such as negligence, indemnification, contract, and other law developments pertaining to litigation areas including but not limited to trucking accidents, professional liability, legal malpractice, medical malpractice, construction, premises liability, personal injury, commercial litigation, and insurance coverage.

The webinar may be viewed by clicking this link: 2016 Webinar

Attorneys Armstrong, Brotten, and Garry Recognized as “Top Women Attorneys in Minnesota”

Lind, Jensen, Sullivan & Peterson is pleased to announce that three of its women attorneys have been recognized by Super Lawyers® as among the 2016 “Top Women Attorneys in Minnesota.” The list includes Connie Armstrong, Elizabeth Sorenson Brotten and Amber Garry. The selections were made from the women attorneys who were selected as 2015 Minnesota Super Lawyers and Rising Stars and were featured in the April 2016 issues of Twin Cities Business and Mpls. St. Paul Magazine. Super Lawyers® is a registered trademark of Thomson Reuters.

Armstrong has been selected as a Minnesota Rising Star since 2012 and included in the Top Women Attorneys in Minnesota list for the past three years. She is licensed to practice in Minnesota, Wisconsin, and Iowa and focuses her practice on counseling and defending employers in labor and employment matters and defending clients in business, construction and professional liability litigation.

Brotten has been recognized as a Minnesota Rising Star every year since 2011 and has been named an “Up and Coming Attorney” by Minnesota Lawyer. Brotten focuses her practice on the defense of personal injury claims, with a focus on the defense of product liability and toxic tort claims. Brotten has tried cases to verdict in both Minnesota and North Dakota, and is also licensed to practice in South Dakota and Wisconsin.

Garry has successfully represented clients at all phases of civil litigation, including dispositive motion practice, mediation, and at trial. She focuses her practice on professional liability litigation for healthcare providers. Garry handles a wide variety of claims, including those alleging negligence and negligent nondisclosure, as well as claims involving health care providers in administrative proceedings before licensing boards.

Tim O’Connor and Elizabeth Brotten Win Motion for Summary Judgment for Insurance Client in Declaratory Judgment

An insurance company client represented by Tim O’Connor and Elizabeth Brotten was recently dismissed via summary judgment in a declaratory judgment action in U.S. District Court for the District of Minnesota. Lind Jensen’s client asserted that the homeowners policy it issued did not provide coverage for personal injuries arising out of its insured’s operation of a John Deer Gator utility vehicle owned by a vineyard. The accident at issue happened on the vineyard’s property.

The court agreed that the motorized land vehicle exclusion in the policy excluded coverage. At issue was whether a “recreational use” exception to the motorized land vehicle exclusion applied and provided coverage for the alleged personal injuries. The court agreed with the position advanced by Lind Jensen’s client that “recreation use” exception did not apply because the utility vehicle at issue was not “principally designed for recreational use.” To reach this conclusion, the Court relied heavily on language from the Gator’s operator’s manual and promotional materials, the general use of the Gator, testimony from witnesses about their use of the Gator, and warning labels on the Gator. The Court ultimately concluded that Lind Jensen’s client had no obligation to provide coverage, defense, or indemnity to its insured because the Gator did not fall within the plain language of the exception to the motorized land vehicle exclusion.

Matt Sloneker Awarded Gold Gavel Award By Westfield Insurance Group

Matt Sloneker was recently awarded a Golden Gavel award by Westfield Insurance Group for obtaining summary judgment on behalf of a general contractor client in a multi-million dollar construction defect case.

Brotten Authors North Dakota Chapter for DRI’s Duty to Defend Compendium

Elizabeth Sorenson Brotten, a shareholder at Lind, Jensen, Sullivan & Peterson, P.A. authored the North Dakota Chapter for the 2016 Edition of the Defense Research Institute’s Duty to Defend Compendium.

The Duty to Defend Compendium analyzes whether an insurer has a duty to defend its insured and the extent of that duty. The Compendium surveys the law and provides guidance for insurance professionals to navigate through these issues under the law of every jurisdiction in the United States, Canada, the Virgin Islands, and Puerto Rico.

Brotten focuses her practice on defending clients in high-risk toxic tort, product liability, and general liability cases in Minnesota, North Dakota, South Dakota, and Wisconsin. Within DRI, she serves in leadership positions on the national steering committees for Toxic Tort and Environmental Law, Women in the Law and Young Lawyers.

Paul Peterson and Amber Garry Obtain Medical Malpractice Defense Verdict

Mr. Peterson and Ms. Garry obtained a defense verdict following an eight-day jury trial in Hennepin County. The plaintiff sued the defendant neurologist and neurology clinic alleging defendants failed to diagnose an infection in her spine, resulting in permanent paraplegia. Plaintiff sought damages in excess of $6 million. The jury returned a defense verdict, finding no negligence.

Amber Garry Won a Grant of Asylum for Refugee Client

Ms. Garry won a grant of asylum for a refugee client from Mexico and her two daughters. Ms. Garry handled the case on a pro bono basis through The Advocates for Human Rights.

Tim Jung Speaking at ABA Midwinter Workers’ Compensation Conference

Tim Jung will be speaking at the American Bar Association Midwinter Workers’ Compensation Conference (Tort Trial and Insurance Practice Section) in New Orleans, LA on March 12^th. He will lead a panel discussion concerning medical marijuana and its impact on the work place including workers’ compensation.

Bill Davidson and João Medeiros Obtain Summary Judgment for Local Non-Profit

On January 27, 2016, Attorneys Bill Davidson and João Medeiros obtained a summary judgment that dismissed the claims brought against local non-profit DARTS, Inc. by Kevin Raun and Robert Loeffler. Raun and Loeffler quit their positions at DARTS in 2014. In their lawsuit, they asserted that DARTS was liable for defamation and for retaliating against them in violation the Minnesota Whistleblower Act. They also alleged that former DARTS executives Gregory Konat and Subramanian “Kris” Krishnan wrongfully interfered with their employment relationship with DARTS. The Dakota County District Court dismissed all of the claims. The Court stated that all of the allegedly defamatory statements were substantially true and were made upon a proper occasion, from a proper motive, and based on probable cause. The Court stated that DARTS did not penalize or retaliate against either plaintiff. The Court also concluded that neither plaintiff “blew the whistle,” and noted that each had voluntarily left his position with DARTS.

Connie Armstrong Presents at Joint MDLA meeting

Connie Armstrong co-presented “Avoiding Common Pitfalls: Practice Tips from the Pros: Cases Involving a Product Manufacturer in a Construction Dispute” for a Joint MDLA meeting with Liz Poeschl of Meagher & Geer on February 16, 2016.

Matt Sloneker and Brian Wood Obtain Summary Judgment

Matt Sloneker and Brian Wood obtained summary judgment on behalf of a general contractor in a construction defect lawsuit alleging more than $1.5 million in damages. They successfully argued that the plaintiff’s claims accrued more than two years before it brought suit, and that the 10-year statute of repose also barred the plaintiff’s claims. The Court agreed that the plaintiff’s claims against the contractor failed as a matter of law and dismissed all claims against the client.

Elizabeth Sorenson Brotten Elected as a Shareholder of Lind, Jensen, Sullivan & Peterson, P.A.

Lind, Jensen, Sullivan & Peterson, P.A. is very pleased to announce that Elizabeth Sorenson Brotten has been elected as a firm shareholder. Liz is a civil litigator who focuses her practice on defending clients in high-risk toxic tort, product liability, and general liability cases in Minnesota, North Dakota, South Dakota, and Wisconsin. She was named an “Up & Coming Attorney” in 2010 by Minnesota Lawyer and has been selected to the Minnesota Rising Star List, published by Super Lawyers, each year since 2011. Active in the defense bar, Liz serves on the national steering committees for DRI’s Toxic Tort and Environmental, Women in the Law, and Young Lawyers committees. Locally, she serves as the Vice Chair of the Minnesota Defense Lawyers Association’s Products Liability Committee. Her volunteer efforts include service on the board of directors of two nonprofit organizations, the Hennepin County Bar Foundation and Norway House. Liz is a graduate of Concordia College and William Mitchell College of Law.

Elizabeth Sorenson Brotten Selected to DRI’s Women in the Law Steering Committee

Elizabeth Sorenson Brotten has been selected to serve on the Defense Research Institute’s (DRI) Women in the Law Steering Committee for 2015-2016. DRI is the leading national organization of defense attorneys and in-house counsel. The Women in the Law Committee connects the more than 6,000 women who are DRI members by providing opportunities to develop and strengthen relationships, facilitating business growth, and supporting career advancement by providing a forum for leadership, education, and professional development.

Brotten’s appointment to the Women in the Law Steering Committee continues her active involvement with DRI. She also currently serves as member of DRI’s Young Lawyer Steering Committee, and is the Young Lawyer Liaison to DRI’s Asbestos Medicine Committee. Locally, she is the Vice Chair of the Minnesota Defense Lawyers Association’s Products Liability Committee.

Brotten, a resident of Minnesota and North Dakota native, is licensed to practice in Minnesota, North Dakota, South Dakota, and Wisconsin, and defends cases involving personal injury, wrongful death, and business disputes, with a focus in products liability and toxic torts.

Tom Jensen and Elizabeth Sorenson Brotten Present to RAM Mutual Insurance Company

Tom Jensen and Elizabeth Sorenson Brotten presented “Impact of the Reptile Strategy on Personal Injury Verdicts and How to Stop It” to RAM Mutual Insurance Company on October 13, 2015 in Esko, Minnesota.

Tom Jensen Presents at Defense Research Institute’s Annual Meeting

Tom Jensen presented “Accelerating in Neutral: Starting a Successful Mediation/Arbitration Practice From the Ground Floor Up” at the Defense Research Institute’s Annual Meeting on October 9, 2015 in Washington, D.C.

Tom Jensen Spoke at NCMIC Panel Counsel Conference

Tom Jensen spoke on defense of informed consent claims in physician professional negligence cases at the NCMIC panel counsel conference in Scottsdale, Arizona on September 24, 2015

Mark Fredrickson Appointed State Representative For Minnesota at DRI’s 2015 Annual Meeting in Washington, D.C.

DRI, The Voice of The Defense Bar, appointed Mark Fredrickson as State Representative for Minnesota at DRI’s 2015 Annual Meeting in Washington DC. He will serve a three year term acting as DRI’s liaison to the Minnesota civil defense community. DRI is the largest civil defense bar organization in the country, at approximately 22,000 members, and takes a leading role in continuing education, advocacy, including Amicus Briefs in the U.S. Supreme Court and testimony before Congress regarding issues important to its members, and in supporting the efforts of State and Local Defense Organizaions, like the Minnesota Defense Lawyers Association. Mark’s appointment is another example of Lind Jensen’s continued leadership in the defense bar. If you have questions about DRI or believe that DRI can be of assistance to you in defending your client’s case, please give Mark a call or visit DRI’s web site: www.DRI.org

Also, at the DRI annual meeting, the MDLA received the Rudolph Janata Award as 2014-15 Outstanding State and Local Defense Organization. Mark Fredrickson, who was President and President emeritus of MDLA from 2013-2015 was present for the awards ceremony. This award reflects the successful leadership provided by the MDLA to the local defense bar and is the culmination of many years of hard work by a number of MDLA members and leaders. Congratulations to the MDLA on this well deserved award.

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 provide 2 layers of grade D building paper behind the stone veneer. Mr. Prochnow’s client was not a party in the arbitration dispute. The arbitrator found the General Contractor liable, in large part, for failing to make sure the stone masonry sub had installed 2 layers of paper behind the stone, and awarded $700K in total damages.

Plaintiff General Contractor paid the homeowners, and then sued the stone masonry sub contractor for contribution and indemnification. Prochnow was able to help prove to the District Court Trial Judge that the International Residential Code (MN’s State Building Code during the relevant time) DID NOT require 2 layers of Grade D paper behind stone veneer siding. The Code had required 2 layers of Grade D paper behind stucco/plaster, but called for only one layer of Grade A paper behind the stone veneer. Thus, the Court concluded the stone mason had performed its work correctly pursuant to the MN Building Code and per the manufacturer’s instructions, and was entitled to summary judgment dismissal of all claims.

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 principles to apportion fault between a negligent tortfeasor and a co-defendant who is an intentional tortfeasor.

The article can be found here: MDLA Apportioning Fault Article

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 ratings in order to meet the PTD permanency threshold. As clearly declared by the Court: “We hold that Minn. Stat. § 176.101, subd. 5(2), unambiguously requires that disabilities that contribute to an employee’s permanent-partial-disability rating must affect employability.” See case summary below for full analysis and impact. Please give us a call with any questions. We look forward to discussing this and other cases with you.

Allan v. R.D. Offut, Co.

Background
The employee, Todd Allan, sustained a work-related injury to his lumbar spine in September 2010. The accident left him unable to perform a significant amount of work-related duties. Mr. Allan was assigned a 10% PPD rating relative to his work injury. He filed a claim petition seeking permanent total disability benefits. Because the PPD for his work injury did not meet the threshold 17% permanency rating required under Minn. Stat. §176.101 subd. 5, he also relied on his complete loss of teeth, which supported another 10% permanency rating. If he could not prove his minimum 17% PPD rating, his permanent total disability claim would be barred by statute.

The defense argued that the non-work related permanency, where it does not affect employability, cannot be considered to meet the permanent total disability PPD threshold.

The compensation judge denied the employee’s claim for permanent total disability benefits, choosing not to consider the employee’s complete loss of teeth, which had been corrected by dentures, to meet the statutory threshold. The employee appealed and the WCCA reversed and remanded, concluding that the loss of teeth could be used to meet the threshold. The WCCA further held that the loss of teeth need not affect Allan’s employability in order to contribute to the permanency rating. The employer and insurer appealed to the Minnesota Supreme Court.

Question for Supreme Court
Whether a disability that does not affect the employee’s ability to secure employment can be considered when determining if the employee is eligible for permanent total disability benefits under the Workers’ Compensation Act.

Holding
The Supreme Court found that Minn. Stat. §176.101 subd. 5(2) requires, unambiguously, that there must be a causal nexus between employability and the disabilities that contribute to the permanent partial disability rating used to meet the PPD threshold.

The establishing the required permanency is a threshold issue when determining whether an employee is eligible to claim permanent total disability benefits. While an injured worker is still allowed to combine permanency ratings for both work-related and non-work related conditions, an additional step has been added. Under the Allan holding, an employee must now demonstrate that these disabilities affect the employee’s ability to secure gainful employment.

Because the lower court failed to consider whether Allan’s loss of teeth affected his employability, the case was remanded for further consideration.

Impact
In Metzger v. Turch, Inc., the WCCA held that an employee’s non-work related hysterectomy could be considered in reaching the statutory permanent total disability permanency threshold. The Supreme Court’s holding in Allan, overturns this prior precedence. Therefore, the employee has the burden to show that any PPD rating to be considered affects the employee’s ability to secure suitable employment. The key question that must be asked is whether the permanency being claimed, whether or not it is work-related, affects the employee’s ability to secure more than sporadic, insubstantial employment.

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 based on Minnesota’s prohibition of direct actions against insurers. The district court agreed and dismissed the case. On appeal, the Court of Appeals affirmed in a three page opinion, reasoning that plaintiff was improperly seeking a different declaration on appeal than he had in the district court without first amending his complaint.

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 tort, as well as discussing the law’s various exceptions to that rule.

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 starting in October, 2015.

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 improving the administration of justice.

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 serve as the committee’s Co-Vice Chair to State and Local Defense Organizations.

Brotten, who is licensed to practice in Minnesota, North Dakota, South Dakota, and Wisconsin, defends cases involving personal injury, wrongful death, and business disputes, with a focus in product liability and mass tort. She also currently serves as the Young Lawyer Liaison for DRI’s Asbestos Medicine Program, and as a board member of the Hennepin County Bar Foundation.

Stiteler, licensed to practice in Minnesota, practices in several civil litigation areas, including professional liability, product liability, and insurance coverage. He currently is a Vice-Co Chair of the Minnesota Defense Lawyers New Defense Lawyers Committee.

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 the Ohio UI/UIM endorsement included in the policy and there was no basis for reforming the policy. The Court concluded that the plaintiff was not entitled to $1 million in UIM coverage and granted the insurer’s motion for summary judgment. The opinion is Tomars v. United Fin. Cas. Co., 2015 WL 3772024 (D. Minn. June 17, 2015) and can be found at Opinion.

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 avoid the motorcyclist who was lying on the pavement just beyond the motorcycle.

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.

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 11^th &Marquette Municipal Parking Ramp, Located on 11^th Street and Marquette Avenue

http://www.minneapolismn.gov/parking/ramps/parking_marquette

Lunch will be provided at noon, with presentations to follow.

Highlights:

Medical Marijuana – Highs and Lows

Stairway Injuries – Are they Covered?

Narcotics – New Treatment Parameters

Amended PTSD – Is it Working?

ObamaCare – How it Impacts Settlements

Special Guests:

Dr. Bridget Robinson-Riegler & Dr. Matthew Monsein

We invite you to join us for appetizers and beverages after the presentations at 4:00 p.m.

There is no cost to attend this seminar.

RSVP NOW

Email: RSVP@lindjensen.com ¡ Phone: (612) 333-3637

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 person has a meritorious appeal.

In 2014, 64% of those who attended the clinic ended up not filing an appeal after speaking to the attorney. While the majority of the clinic customers lived in the seven county metropolitan area, the clinic also assisted residents of Kandiyohi, Nobles, Polk and Stearns Counties. 2014 Unemployment Clinic Report.

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 Minnesota Statutes § 65A.30, a 1996 law that states that there is no coverage under a homeowners insurance policy for daycare operations. The statute was passed in order to allow operators of in-home daycares to be able to obtain homeowners insurance despite the significant additional risk associated with such businesses. This is the first known court decision applying the statute.

Metro. Prop. & Cas. Ins. Co. v. Adamez ex rel. Adamez, No. CIV. 14-3430 DSD/FLN, 2015 WL 1585678 (D. Minn. Apr. 9, 2015).

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 Rising Stars list.

This is Armstrong’s third selection to the Rising Stars list and her second inclusion in the Top Women Attorneys in Minnesota list. She is licensed in Minnesota and Wisconsin and practices primarily in the areas of Business Disputes, Construction Litigation, Employment Litigation, General Liability, Insurance Litigation, and Professional Liability.

Brotten has been selected as a Minnesota Rising Star every year since 2011 and was honored as an “Up and Coming Attorney” by Minnesota Lawyer in 2010. Licensed in Minnesota, North Dakota, South Dakota, and Wisconsin, she focuses her practice on general liability defense, with a special emphasis on product liability and mass tort defense.

This is Garry’s first selection to the Rising Stars and Top Women Attorneys in Minnesota list. She focuses her practice on representing businesses and individuals against professional liability and malpractice claims, and advising hospitals and clinics on compliance with federal and state privacy laws. She also represents healthcare providers in their dealings with state licensing boards.

When identifying attorneys for inclusion on its Super Lawyers list, Thomson Reuters employs a rigorous, multiphase process. Peer nominations and evaluations are combined with independent research, and candidate is evaluated on various indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. No more than 2.5 percent of the attorneys in the state are named to the Rising Stars list.

Matthew Sloneker Prevails Before the 8th Circuit

Matthew Sloneker recently presented oral argument before the United States Court of Appeals for the 8^th 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 appeal. Click here for a link to the decision: Appellate Case 14-1929.

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 presentation.

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 summarizing law updates in the areas of civil litigation relevant to your practice, including updates on topics such as negligence, indemnification, contract, and other law developments pertaining to litigation areas including but not limited to trucking accidents, professional liability, legal malpractice, medical malpractice, construction, premises liability, personal injury, commercial litigation, and insurance coverage. The webinar is designed in such a manner that you can select the state presentations in which you would like to participate, but if your work involves matters in the five-state area, we encourage you to participate in all five presentations.

WHEN: MARCH 26, 2015

11:30 A.M. CDT – 1:15 P.M. CDT

SCHEDULE AND SPEAKERS:

11:30 A.M. CDT – 11:50 A.M. CDT Minnesota Law Summary

Presented by: Patrick J. Larkin and Ryan P. Myers

11: 50 A.M. CDT – 12:10: P.M. CDT North Dakota Law Summary

Presented by: Brian A. Wood and John C. Medeiros

12:10 P.M. CDT – 12:30 P.M. CDT Wisconsin Law Summary

Presented by Jack D. Moore and Lauren A. D’Cruz

12:30 P.M. CDT – 12:50 P.M. CDT South Dakota Law Summary

Presented by Eric J. Steinhoff and Elizabeth Sorenson Brotten

12:50 P.M. CDT – 1:10 P.M. CDT Iowa Law Summary

Presented by Thomas J. Evenson and Peter D. Stiteler

COST: Free

RSVP: Webcast requires pre-registration at the following link: Registration

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” in the case. The article can be found here: Minnesota Lawyer.

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 in response to a tortious interference of contract claim. The decision can be found here: Sysdyne Corp v. Rousslang, A13-898.

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 and Verdict, dismissing the plaintiff’s claim with prejudice and ordering the entry of judgment in favor of Lind Jensen’s client. Citing the trial testimony of three witnesses, as well as the numerous documents received into evidence, the court concluded that the home delivery services provider properly withheld the amount of the plaintiff’s performance bond after receiving valid in-home damages claims.

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 applied the Ecclesiastical Abstention Doctrine, is Pfeil v. St. Matthews Evangelical Lutheran Church, A14-605 (Minn. App. Jan. 12, 2015). The opinion is available at opa140605-011215.