by Marissa Nyeverko, Law Clerk, Jardine, Logan & O'Brien, P.L.L.P. On April 17, 2024, the U.S. Supreme Court made a pivotal ruling in Muldrow v. City of St. Louis, Missouri, No. 22-193. The Court held that “an employee challenging a job transfer under Title VII must show that the transfer brought about some harm with respect to an identifiable term or condition of employment, but that harm need not be significant.” This decision marks a substantial departure from the previous requirement, in … [Read more...]
Vogt v. MeND et al: Adverse inference instruction and attorney fees granted as sanction for imputed spoliation. By Trevor S. Johnson
A recent Minnesota court ruling emphasizes the need to proactively preserve evidence that documents a major incident and its aftermath. In the case of Vogt v. MEnD Corr. Care et al (21-CV-1055, D. Minn.), regarding the death of a jail inmate, the Minnesota District Court granted plaintiff’s motion for spoliation sanctions, allowing an adverse inference instruction regarding missing surveillance footage and awarding plaintiff attorney fees and costs. Plaintiff alleged that footage from one … [Read more...]
JLO 2022 Spring Newsletter Available
Spring - “Long-term COVID May Rise to the Level of Disability under the ADA: Employers’ Duty to Accommodate” and “Data Practices Act Compliance: Data with Dual Public/Private Classifications or Changing Classification” … [Read more...]
JLO Winter 2022 Newsletter published
Winter - “Minnesota Supreme Court Rules Federal Law Preempts Minnesota Workers’ Compensation Medical Marijuana Coverage” and “The Enforceability of ‘Resident-Relative’ Exclusions in Homeowner’s Insurance Policies and its Impact on the Dog Bite Statute” … [Read more...]
Congratulations for Joseph Flynn and Elisa Hatlevig for being named to the 2021 Super Lawyers List!
Super Lawyers is a Thomson Reuters business that provides a rating service of outstanding lawyers from more than 70 practice areas, who have attained a high-degree of peer recognition and professional achievement. No more than 2.5% of lawyers in Minnesota are named to the Rising Stars list. … [Read more...]
2020 Fall Newsletter available
Fall - "The Changing Landscapes of Police Reform Legislation" and "Minnesota Supreme Court Bars Medical Provider from Claiming Reimbursement following Award on Stipulation Due to Intervenor's Failure to File a Timely Intervention Claim" … [Read more...]
2020 Summer JLO Newsletter now available
Summer - "Employment in the Time of COVID-19" and "2020 Legislative Update" … [Read more...]
Spring 2020 JLO Newsletter is now available
Spring – “Minnesota Supreme Court Clarifies Time-Bar Statute for Condominium Construction Claims” and “Minnesota Supreme Court Denies Payment to QRC for Services Provided Prior to Employer’s Rehabilitation Request” … [Read more...]
COVID-19: Novel Disease Raises Novel Workers’ Compensation Questions
Not only has the global health and economic impact of COVID-19 been harsh, but the highly contagious and potentially deadly disease will likely have a large impact on Minnesota workers’ compensation claims. Employers and insurers will see a rise in claims from existing injuries due to COVID-19 related layoffs, while also facing new occupational disease claims from employees that contract COVID-19. Read full article … [Read more...]
2020 Work Comp Folio available for download
2020 Periodic Table of Workers' Compensation Elements can be downloaded from the above link or by going to the Publications section of our webpage. … [Read more...]
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