After 16 years with LJSP, Jack Moore has Decided to Retire……
Jack plans to spend time continuing tutoring elementary school kids in the Minneapolis Public Schools in reading. He also looks forward to improving his tennis serve and reducing his golf slice. Once the pandemic ends he looks forward to traveling with his wife Reg, and spending time with his two daughters.
Updated Guidance Relating to an Employer’s Potential Right to Require Employee Vaccinations
On December 16, the Equal Employment Opportunity Commission issued updated guidance relating to an employer’s potential right to require employee vaccinations. Attached is an update Lind, Jensen, Sullivan & Peterson prepared discussing the EEOC’s newest guidance and other considerations as employers evaluate whether they can, or should, mandate employees to get a Covid-19 vaccination. COVID-19 Guidance re Vaccinations - Employer Update
Timothy Jung addresses an Important Doctrine of MN Workers’ Comp Law to the MN Supreme Court
On December 7th Timothy Jung presented arguments to the Minnesota Supreme Court on behalf of a self-insured client. The case addressed an important doctrine of Minnesota Workers’ Compensation law, including the evaluation of reasonable and necessary medical care and application of treatment parameters made effective in 1995.
Jason Prochnow & Ryan Myers helped a WI Municipality obtain a Finding of No Probable Cause of Discrimination in response to alleged Age Related Discrimination Claims following an employee discharge.
Jason Prochnow & Ryan Myers helped a WI Municipality obtain a Finding of No Probable Cause of Discrimination in response to alleged Age Related Discrimination Claims following an employee discharge.
December 4th 2020 Timothy Jung will be presenting at the 2020 Workers’ Compensation Deskbook Seminar
On December 4th Timothy Jung will be presenting at the 2020 Workers’ Compensation Deskbook Seminar. Tim will be leading a panel discussion regarding legal presumptions in occupational disease cases. These presumptions may apply, depending on a number of factors, to certain listed occupations involving heart disease, cancer, infectious disease, COVID-19 and Post Traumatic Stress Disorder. The online live program is December 4th with an online replay January 15th.
Mark Fredrickson and Michael Burke Obtain Summary Judgment in Nerf War Wrongful Death Lawsuit
Attorneys Mark Fredrickson and Michael Burke successfully defeated wrongful-death claims alleging that a school district breached its duty to supervise and warn students and parents about a non-school sanctioned game called “Nerf Wars.” The lawsuit further alleged that the school district failed to execute or adopt anti-Nerf War policies or train on-campus adults to monitor students. The decedents were involved in an off-campus car accident after school let out for the day. In... Read more →
Eric Steinhoff and Michael Burke Obtain Summary Judgment in Land Dispute Matter in Wisconsin
Attorneys Eric Steinhoff and Michael Burke successfully defeated claims for breach of easement, trespass, and statutory violations of Wis. Stat. §§ 182.017(5) and 26.09. In dismissing the case with prejudice, the Douglas County (Wisconsin) Circuit Court Judge found that Plaintiff failed to put forth evidence that he owned to the center line of the roadway as opposed to the public right-of-way. Boad S. Swanson v. CenturyTel of Northwest Wisconsin, LLC, 2019CV112 (Wis. Cir. Ct. Nov. 4,... Read more →
Attorneys Katie H. Storms and João C.J.G. Medeiros prepared an amicus brief to the Minnesota Supreme Court on behalf of the Minnesota Defense Lawyer’s Association (MDLA).
Attorneys Katie H. Storms and João C.J.G. Medeiros prepared an amicus brief to the Minnesota Supreme Court on behalf of the Minnesota Defense Lawyer’s Association (MDLA). The Minnesota Supreme Court issued its opinion on August 12, 2020, fully affirming the position of the Respondent and amicus. Specifically, the Court held that a health care provider who voluntarily declines to intervene in a pending workers’ compensation proceeding after receiving timely and adequate notice of the... Read more →
Congratulations to the Lind Jensen Sullivan & Peterson 2020 Super Lawyers
2020 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... Read more →
Patrick Larkin, Brandon Meshbesher, Eric Steinhoff, and Rick Lind Published in July Issue of Bench & Bar Minnesota
Patrick Larkin, Brandon Meshbesher, Eric Steinhoff, and Rick Lind authored an article titled The Business Interruption Pandemic Claims for business interruption loss coverage in the wake of covid-19, which is featured in the July 2020 issue of Bench and Bar Minnesota. Article
Congratulations Ryan Myers
A huge congratulations to Ryan Myers for being promoted to Shareholder at Lind Jensen Sullivan & Peterson P.A.
Congratulations Molly de la Vega
A huge congratulations to Molly de la Vega for being promoted to Shareholder at Lind Jensen Sullivan & Peterson P.A.
Lind Jensen Sullivan and Peterson Welcomes
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.
COVID-19 and Work Comp Update – Legislature Passes New Presumption
On April 7, 2020, Governor Walz signed a bill put forth by the state legislature creating a presumption that certain categories of employees who contract COVID-19 are entitled to workers’ compensation benefits. In COVID-19 and Work Comp Update - Legislature Passes New Presumption, we take an in-depth look at the new legislation and what it will mean for employers and insurers moving forward. This law is effective April 8th, and covers injuries from April 8, 2020 through May 1, 2021. We... Read more →
Families First Coronavirus Response Act (FFCRA) Update – April 1, 2020
Last night, on April 1, the U.S. Department of Labor issued a temporary rule that provides further detail about how to interpret the Families First Coronavirus Response Act (FFCRA). As you know, the FFCRA became effective yesterday. An introduction and overview of the temporary rule, along with links to other helpful resources and information from the DOL can be found here: https://www.dol.gov/agencies/whd/ffcra The DOL’s press release relating to the new temporary rule can be... Read more →
COVID 19 – Business Interruption Insurance
The COVID-19 pandemic has had and will continue to have drastic impacts on the economy and many businesses will experience steep financial losses. It is anticipated many businesses will look to their first party property coverage and try to assert claims for business interruption or business loss coverage. Here is an article highlighting the issues that will be prevalent for such claims: COVID 19 Business Interruption Insurance
Update 9 DOL Guidance Update RE Families First Coronvirus Response Act March 30, 2020
Late Thursday night March 26 and again on Friday March 27, the U.S. Department of Labor issued updated guidance as to its interpretation of the Families First Coronavirus Response Act (FFCRA). Update 9 DOL Guidance Update RE Families First Coronavirus Response Act March 30, 2020-125475 is an update as to some common questions and answers you might have concerning the new requirements of the FFCRA, which becomes effective April 1. Please contact our employment legal team if you have... Read more →
DOL Guidance RE Families First Coronavirus Act Released March 25th
On March 24, 2020, the United States Department of Labor issued some guidance for employers regarding the Families First Coronavirus Response Act. Importantly, the guidance states that the effective date of the Families First Coronavirus Response Act is APRIL 1, 2020, not April 2, 2020, as initially expected. Our lawyers have summarized the DOL’s guidance here, DOL Guidance RE Families First Coronavirus Response Act Released March 2... Please do not hesitate to contact our employment team... Read more →
Families First Coronavirus Response Act & Taking Temp of Employees UPDATE – Employer Update
Last night, President Trump signed into law the Families First Coronavirus Response Act, implementing bipartisan legislation and changes underscored in the Emergency Family and Medical Leave Expansion Act in response to the recent pandemic. So, what does that mean for you - as an employee and as an employer? At Lind, Jensen, Sullivan, & Peterson, P.A., we are committed to providing you with information to help you make the right decisions both personally and professionally, and we're... Read more →
DHS Given Power to Waive or Modify Requirements by Executive Order – Employment Update
As Minnesota takes steps to respond to the COVID-19 pandemic, measures are being taken to provide relief to employers and service providers throughout the state. On March 21, 2020, Governor Walz issued two new Executive Orders (11 & 12) that gives the Department of Human Services (DHS) the power to modify and waive existing requirements to allow in-state programs to better provide service to those in need. In DHS Given Power to Waive or Modify Requirements by Executive Order - Employment... Read more →
Furlough v. Layoff – Employment Update
As employers around Minnesota are facing difficult decisions due to the COVID-10 pandemic, we have prepared an updated resource to assist you as your organizations analyze difficult decision. In Furlough v. Layoff - Employment Update, we examine the difference between a furlough and layoff, what those processes generally look like, and identify some common issues that can arise (including COBRA notices, WARN notice, requirements under the Older Workers Benefit Protection Act, etc.) Please... Read more →
Eric Steinhoff Successfully Upheld a Dismissal of a Claim Against His Client at the South Dakota Supreme Court
Eric Steinhoff successfully upheld a dismissal of a claim against his client when the South Dakota Supreme Court affirmed the dismissal in a case involving Federal Government education dollars embezzled by an individual who then committed multiple murders and suicide. The Court agreed that the Plaintiffs’ claim that the embezzled money would have provided them additional services under the program if it had not been stolen was properly dismissed because the Plaintiff’s did not have... Read more →
Executive Orders Re Commercial Carriers and Executive Branch Employees – Employment Guidance Update
While Minnesota reacts to the Coronavirus pandemic, Governor Walz has issued Executive Orders to help the State respond. In Executive Orders Re Commerical Carriers and Executive Branch Employees - Employment Guidance Update, we analyze Executive Orders 20-06 and 20-07. Executive Order 20-06 aims to provide motor carriers and drivers in Minnesota relief as they help with emergency relief measures. Certain limitations, including weight and hours of service, have been modified to allow... Read more →
Coronavirus Layoff Guidance – Employer Guidance Update
As the reality of doing business in the midst of the COVID-19 pandemic is becoming known, employers are having to take a hard look at their options in these trying times. In Coronavirus Layoff Guidance - Employment Guidance Update, we address common questions you may be asking while weighing your options. As with everything right now, things are changing frequently. We encourage you to monitor the CDC and MDH websites, as well as monitor the progress of state and federal guidance on... Read more →
Families First Coronavirus Response Act – Employer Guidance Update
In response to the COVID-19/coronavirus pandemic, the U.S. House of Representatives passed the Families First Coronavirus Response Act (FFCRA) (H.R. 6201) on March 14, 2020. In Families First Coronavirus Response Act - Employer Guidance Update, we address what FFCRA will mean for employers and employees. As with everything right now, things are changing frequently. We encourage you to monitor the CDC and MDH websites, as well as monitor the progress of state and federal relief... Read more →
COVID-19/CORONAVIRUS EMPLOYER CONCERNS AND QUESTIONS
COVID-19 is changing (temporarily) how we do business. With these changes many employment questions arise: can we take the temperatures of our employees? Can we send people home who are sick? Can we stop our employees from traveling? And so on. We at Lind Jensen Sullivan & Peterson are here to help. In COVID-19 Employment FAQs, we address the most common questions you will likely face. As with anything right now, things are changing by the day and hour. We encourage... Read more →
COVID-19 AND WORKERS’ COMPENSATION IN MINNESOTA
What is COVID-19? COVID-19 is a novel coronavirus, a new strain identified in 2019. It is different than coronaviruses that are common in the community. These have been in our midst since the mid-1960s. We have had severe strains in the past, some of which you may have heard of including SARS and MERS. The term corona is used because the virus has a crown-like spike on its surface. COVID-19 was first identified in Wuhan, China and since has spread throughout the world. This... Read more →
Attorney Michael Burke Obtains Summary Judgment for Client
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... Read more →
Attorney Michael Burke published in Minnesota Defense
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.... Read more →
Attorney Michael Burke published in the Journal of the American College of Construction Lawyers.
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... Read more →
Patrick Larkin and Michael Burke Obtain Summary Judgment for Client
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).
Brian Wood and Michael Burke Obtain Summary Judgment for Client
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).
Associate Nicholas Rauch Article Titled ‘Counteranchoring: An Important Thought Before Trial’ Published in the Latest Version of DRI The Voice
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
Shareholder Susan Stokes Speaking at the U of M Law School Today
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/
Brian Wood and Nicholas Rauch Granted Summary Judgement
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... Read more →
Jack Moore and Nicholas Rauch Granted Favorable Judgements
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.)
Shareholder Timothy Jung Presented At Federated Insurance
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.
There are Still Spots Open for Today’s Sharpen Your Skills Workers’ Compensation Seminar
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. 2019 Seminar Topics Law of the New Realm – One Year In Arising Out Of, Mythical/Magical Falls, and Unexplained Injuries Queen of Forms Cannabis: The Ale of the Twenty-First Century Dr. Kristin Zeller: Words from the Maester An Update on Pain, Drugs, and... Read more →
Susan Stokes Presenting at Women Caring for the Land Seminar on September 26th
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
Shareholder Tom Jensen Presents at the 10th Annual Meeting of the PLDF on Sept 26th in Chicago
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
Lind Jensen Sullivan & Peterson Welcomes Shareholder Susan Stokes
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.
New Associate Ryan P. Torpey Joins Lind Jensen Sullivan & Peterson
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... Read more →
Tom Jensen Presented at the RAM Mutual Claims Department
Tom Jensen presented “Defense of First- and Third-Party Bad Faith Claims” to the RAM Mutual Claims Department on July 19, 2019.
Attorneys Tim Jung, Katie Storms, and Joao Medeiros Presented Oral Arguments Before the Minnesota Supreme Court.
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... Read more →
Congratulations to the Lind Jensen Sullivan & Peterson 2019 Super Lawyers
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.... Read more →
Thomas J. Evenson’s Reappointment by Minnesota Governor Tim Walz
Shareholder Thomas J. Evenson was reappointed by Minnesota Governor Tim Walz to serve as a public member on the Minnesota Automobile Assigned Claims Bureau.
‘Drive-by’ ADA Claims Persist Despite Legal Adaptations
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... Read more →
Bill Davidson and Grant Goerke Prevailed in The MN Court of Appeals
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... Read more →
Shareholder Tom Jensen will be speaking at the tenth annual meeting of Professional Liability Defense Federation. In Chicago on September 26
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.
Nicholas Rauch’s Article Published in Latest Edition of the DRI Trucking Law Newsetter
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