Tessa M. McEllistrem

Areas of Practice

Tessa McEllistrem is a partner with Jardine, Logan & O’Brien, P.L.L.P. She practices in the areas of:

• Government Liability
• Employment Law
• Motor Vehicle Liability
• Construction Law
• Premises Dram Shop
• Product Liability
• General Liability
• Environmental
• Appellate
• Health Law
• Civil Litigation

Tessa practices in state and federal courts having successfully defended municipalities, government entities, businesses and corporations. Tessa works with her clients in order to advise them from the beginning stages of litigation through trial. Tessa works primarily in the areas of government liability, motor vehicle liability, and employment law. Tessa has a broad range of success in defending her clients from small claims in conciliation court all the way to successfully defending government entities in large class action lawsuits. Tessa has extensive experience in state and federal court arguing motion hearings, handling jury trials, and arguing appellate motions.

Representative Experience

• Pena v. Freeborn County, No. A12-2007 – Successfully argued to the 8th Circuit to affirm dismissal of a §1983 procedural due process claim and a Peace Officer Disciplinary Act (PODPA) claim arising out of a job termination.
• Snow v. City of Wabasha, et. al. –Successfully obtained dismissal of a class action regarding Wabasha County’s “Safe Driving Program” in which the named plaintiffs sought reimbursement for money voluntarily paid to be put in a safe driving class after each plaintiff received a traffic citation. The Judge affirmed the argument that the claims should be dismissed pursuant to the voluntary payment doctrine and a failure to show injury-in-fact.
• Sames v. Scott County et. al. –Successfully obtained a directed verdict after multiple days at trial to dismiss plaintiff’s defamation per se claim.
• Balitz v. Denmark Township – Obtained dismissal in conciliation court of a claim that the Township failed to properly maintain roads causing damage to plaintiff’s property.

About

Prior to joining the firm, Tessa was a judicial law clerk for the Honorable Janet N. Poston in Hennepin County. While attending law school, she clerked at a personal injury law firm, and was a research assistant at the Public Health Law Center.

Tessa grew up in St. Paul, Minnesota. She received her B.A. in Economics from Saint Olaf College, and her J.D. from William Mitchell College of Law.

Bar Admissions

• Minnesota (2010)
• Wisconsin (2023)
• U.S. District Court for the District of Minnesota (2014)
• U.S. Court of Appeals for the Eighth Circuit (2016)

Education

• J.D. William Mitchell College of Law – St. Paul, Minnesota (2010)
• B.A. St. Olaf College – Northfield, Minnesota, Major: Economics (2007)

Honors

• Selected for inclusion in the 2022-2023 Minnesota Super Lawyers list by Super Lawyers®, a Thomson Reuters business
• Selected for inclusion in the 2017-2020 Minnesota Rising Stars list by Super Lawyers®, a Thomson Reuters business

Professional Memberships

• Minnesota Defense Lawyers Association (MDLA), Vice Chair of the Government Liability Committee
• Minnesota State Bar Association (MSBA)
• Minnesota Women Lawyers (MWL)

Published Works

• “Motor Vehicle Accidents, Governmental Immunities, Tort Caps, Oh My!”, MN Defense, Spring 2018
• “Expanding School Liability: How the Minnesota Supreme Court put the foreseeability Standard into Question”, MN Defense, Spring 2019