Plaintiff filed medical malpractice suit after her son was refused voluntary admission to Defendant’s inpatient mental health program, as Defendant’s doctor did not view decedent as “a good candidate” for a program following decedent’s failure to follow through with a similar program nine months earlier. Plaintiff’s son committed suicide days later. The Minnesota Supreme Court held that Defendant had immunity for their good faith action in refusing decedent’s admission under the Minnesota … [Read more...]

The Minnesota Court of Appeals considered the application of Minnesota’s prejudgment interest statute, Minn. Stat. § 549.09, subd. 1(b), finding it does not apply to appraisal awards made pursuant to the terms of an insurance policy without an underlying breach of contract or actionable wrongdoing. Poehler v. Cincinnati Insurance Company, A15-0958 (Minn. App. Jan. 25, 2016). … [Read more...]

The Court held that Webb’s Rule 702 motion to exclude expert testimony failed to show the three medical experts methods were unreliable because: (1) disagreement on conclusions of the experts is not a sufficient basis to establish that the opinions are contrary to accepted scientific practice and these issues are more appropriately the subject of cross examination; (2) Webb’s issue was with the accuracy of the experts analysis rather than the general reliability of the methods and these issues … [Read more...]

Direct evidence of pregnancy discrimination existed to overturn a jury’s verdict in favor of the employer where the employer rescinded a job offer upon learning of the applicant’s pregnancy and anticipated length of maternity leave. LaPoint v. Family Orthodontics, P.A., A15-0396 (Minn. App. Dec. 14, 2015). … [Read more...]

The court held that Wal-Mart’s termination of a Pharmacy Manager, due to Wal-Mart’s determination that there was “blatant disregard” by the employee of a visual verification standard operational procedure in the Pharmacy Operations Manual, was a legitimate, nondiscriminatory, reason for discharge and Plaintiff failed to present evidence to support the assertion that Wal-Mart’s reason for termination was pretext for age discrimination, and therefore, the court granted Wal-Mart’s summary judgment … [Read more...]

A full, final and complete settlement in a workers’ compensation matter, which unambiguously closes out all claims, precludes an employee from being subsequently awarded no-fault benefits in relation to the same incident. State Farm Ins. Cos. v. Wuorenma, A15-0763 (Minn. Ct. App. Nov. 16, 2015) (unpublished). … [Read more...]

Contech built a bridge that was to be installed in Michigan and hired Element, an engineering construction firm, to inspect and test the structural welds. Element reported that the welds were not defective but upon transportation to Michigan, deficiencies were identified requiring Contech to remedy the defective welding. A 2-year Statute of Limitations under Minn. Stat. § 541.051 applies to a company providing engineering consultancy. When Element inspected the bridge and reported that the welds … [Read more...]