Congratulations to Joseph E. Flynn, Lawrence M. Rocheford, and Leonard J. Schweich who were named to the 2016 list of Minnesota Super Lawyers, a Thomson Reuters business. … [Read more...]
2016 list of Minnesota Rising Stars
Congratulations to Elisa M. Hatlevig and Vicki A. Hruby, who have been named to the 2016 list of Minnesota Rising Stars by Minnesota Super Lawyers, a Thomson Reuters business. … [Read more...]
June 2016 JLO Newsletter now available
Articles include Liability from above? The potential benefits and liability concerns arising out of the use of drones. and ADA Accessibility “Tester” Lawsuits … [Read more...]
Binkley v. Allina Health System, et al, 2016 WL 1358036 (Minn. April 6, 2016).
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...]
March 2016 JLO Newsletter now available
Teenagers, Sex and Schools and The Nature of a Trespass Must be Identified to Ascertain Permissible Damages … [Read more...]
INS – error granting pre-award interest for appraisal award per ins. policy w/o underlying K breach or wrongdoing; payments made per K aren’t damages
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...]
January 2016 JLO Newsletter now available
Employment Law Update and Recent Minnesota Supreme Court ruling appears to narrow the application of the two year statute of limitations for improvements to real property. Click Here for January JLO Newsletter. … [Read more...]
Webb v. Ethicon Endo-Surgery, Inc., No. CV 13-1947 (JRT/JJK), 2015 WL 6756046 (D. Minn. Nov. 4, 2015)
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...]
LaPoint v. Family Orthodontics, P.A., A15-0396 (Minn. App. Dec. 14, 2015).
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...]
Nemec v. Wal-Mart Associates, Inc. d/b/a Wal-Mart Store #1757 – MHRA Age Discrimination
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...]
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