8519 Eagle Point Blvd, Suite 100
Lake Elmo, Minnesota 55042
MINNESOTA STATUTE OF REPOSE: Ten year statute of repose, Minn. Stat. Sec. 541.051, does not bar claims that common law duty to use reasonable care for safety of entrants on their land has been breached, as such claims fall under the exceptions found in subdivision 1(d) of the statute. Monson v. Suck, et al., A14-0461 (Minn. Ct. App. October 14, 2014).
ASSUMPTION OF RISK. Minnesota Court of Appeals found that doctrine of primary assumption of risk barred plaintiff’s negligence claims arising out of injuries sustained when colliding with a fence while snowtubing. Dawson v. Afton Alps Recreation Area, No. 82-CV-13-224 (Minn. Ct. App. Sept. 22, 2014)
STANDARD MORTGAGE CLAUSE. Under Minnesota law, “standard mortgage clause” creates independent contract of insurance for mortgagee, and denial of coverage to insured allowing property to remain vacant for more than 60 days, does not invalidate mortgage holder’s claim because mortgagee’s insurance is not invalidated by the act, neglect, omission or default of mortgagor. Commerce Bank vs. West Bend Mutual Ins. Co., A14-0247 (Minn. Ct. App., Sept. 22, 2014); compare Waterstone Bank, SSB v. Am. Family Mut. Ins. Co., 832 N.W.2d 152, 156 (Wis. App. 2013, review denied (Wis. Nov. 26, 2013), where coverage was denied to Wisconsin bank mortgagee with a virtually identical standard mortgage clause.
TERMINATION OF TREATMENT. Guardian who has medical consent power under Minn. Stat. Sec. 524.5-313 (c)(4)(i) does not need court approval to remove a ward from life support when all interested parties agree that removal is in the best interest of the ward. “Interested parties” included ward’s guardian, medical treatment team, and hospital ethics committee. In Re Guardianship of Jeffers J. Tschumy, Ward, A12-2179 (Minn. September 17, 2014).
The Minnesota State Bar Association announces the recertification of Lawrence M. Rocheford of Jardine, Logan & O’Brien, P.L.L.P., as a MSBA Board Certified Civil Trial Law Specialist. The certified specialist designation is earned by leading attorneys who have completed a rigorous approval process, including an examination in the specialty area, peer review, and documented experience. This achievement has been earned by fewer than 3% of all licensed Minnesota attorneys.
JLO COOKS FOR KIDS: JLO donated its time on October 4th to prepare and serve brunch to families at the Minneapolis Children’s Hospital Ronald McDonald House. This is one of the Firm’s many activities undertaken to benefit the community.
We are pleased to announce that Matthew P. Bandt has become a partner in the firm.
Congratulations to Eugene J. Flick, Joseph E. Flynn, Marlene S. Garvis, Lawrence M. Rocheford, and Leonard J. Schweich who were named to the 2014 list of Minnesota Super Lawyers, a Thomson Reuters business. Click here for additional information about this announcement.
APPOINTMENTS FOR 2014-15
Partner Lawrence M. Rocheford has been appointed to the Minnesota Supreme Court Advisory Committee on the Rules of Civil Procedure for a two-year term.
Partner Marlene S. Garvis has been appointed to the ABA Health Law Section leadership for the 2014-15 year, as Vice Chair of the Breast Cancer Initiatives Task Force and Vice Chair of the Health Lawyer Editorial Board. She has also been reappointed to the Iowa Bar Association Health Law Council and the Advisory Board of Minnesota Women Lawyers.
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.