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Lake Elmo, Minnesota 55042
When appraisal panel’s damage assessment is based on use of replacement materials, and the parties dispute that replacement materials are “matching,” jury must determine whether policy terms of “similar materials” and “material of like kind and quality” are met. Trout Brook South Condo Association v. Harleysville Worchester Insurance Co., No.12-2888 (RHK/JSM) (D. Minn. Feb. 5, 2014).
The Minnesota Court of Appeals affirmed jury apportioned liability, finding that the dog attack statute, Minn. Stat. § 347.22 (2012), does not preclude allocation of fault between a dog owner and a co-tortfeasor under the comparative-fault statute, § 604.02 (2012). Clark v. Connor & Jones, No. A13-1110 (Minn. Ct. App. Jan. 21, 2014).
The Minnesota Supreme Court determined that the public-policy exception to employment-at-will does not apply to a termination resulting from an application for unemployment benefits. It also held that a court is required to award costs and disbursements to the prevailing party, regardless of the non-prevailing party’s indigent status or inability to pay. Dukowitz v. Hannon Security Servs., 2014 WL 23644 (Minn. Jan. 2, 2014).
Congratulations to Thomas L. Cummings and Allison A. Lindevig for obtaining a favorable decision from the Minnesota Supreme Court in Schuette v. City of Hutchinson, No. A13-0840 (Minn. Mar. 5, 2014). The supreme court affirmed the lower courts’ denial of the Employee’s claim that his PTSD constituted a physical injury to the brain, therefore the claim fell into the mental-mental injury category and was not compensable under Lockwood v. Ind. Sch. Dist. No. 877, 312 N.W.2d 924 (Minn. 1981). The supreme court also refused to reverse Lockwood as a violation of the Employee’s equal protection rights. It should be noted that recent legislative changes have expanded the definitions of occupational disease and personal injury to include PTSD for injuries occurring on or after October 1, 2013, but under Schuette, a claim for PTSD for an injury prior to October 1, 2013 is not compensable unless it arises from a physical injury.
Vicki Hruby spoke on Legal Issues Involving Online Medical Advice at the Hennepin County Bar Association 2014 Medical Malpractice Conference on March 6.
Larry Rocheford spoke on A Defense Lawyer’s Perspective on Wrongful Death Cases at the Minnesota Association for Justice Wrongful Death Seminar on February 28.
Congratulations to Elisa M. Hatlevig who has been named to the 2013 list of Minnesota Rising Stars by Minnesota Super Lawyers, a Thomson Reuters business.
Litigation is our primary focus.
Jardine, Logan & O’Brien, P.L.L.P. is a mid-sized law firm with litigation capability comparable to that of the region’s largest law firms. We have the experience and expertise to manage cases of any size or complexity in a variety of practice areas. In addition, our size allows us to practice cost-effectively and give every client our full attention.
Each client’s legal issue is our priority.
Whether representing an individual, an insurance company or self-insured, a large or small business, or a governmental entity: We resolve disputes quickly, ethically, cost-effectively, and with excellent results.
Our mission is to provide excellent litigation services in a manner that fosters trust, honesty, responsibility, accessibility, civility, respect, and creativity.