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...]

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...]

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...]

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...]

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...]

Summer - "Employment in the Time of COVID-19" and "2020 Legislative Update" … [Read more...]

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...]

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 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...]

Winter - Articles include Minnesota Supreme Court Creates Medicaid Exception to Collateral Source Rule and A Cost-Risk Analysis of Workers’ Compensation Appeals and Potential Payment of Employee Appellate Fees … [Read more...]