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Legal News

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).

No reallocation of damages is allowed under Minn. Stat. § 604.02, subd. 2 for defendants only severally liable under § 604.02, subd. 1, because otherwise the severally liable party would be required to contribute more than that party’s equitable share of total damages award. Staab v. Diocese of St. Cloud, Civil No. A12-1575 (Minn. September 10, 2014).

Strip searching of misdemeanor jail detainee suspected of secreting contraband (admitted to smoking bowl of marijuana) did not violate clearly established law in 2009, and thus officers who conducted strip search were protected by qualified immunity. Jacobson v. McCormick, No. 12-3530 (8th Cir. Aug. 14, 2014).

Snowplow driver’s decision to drive his snowplow in reverse, when not actively engaged in snow-removal operations, involved the execution of a ministerial duty because it was the performance of a simple and definite act under circumstances that were fixed and designated. Therefore, snowplow driver and City were not protected by common-law official immunity or vicarious official immunity. Shariss v. City of Bloomington, et. al., A13-2293 (Minn. Ct. App. August 18, 2014)


Firm News

A new JLO Newsletter has been released and is available by clicking this link.

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.

Congratulations to Elisa M. Hatlevig and Jason A. Koch who have been named to the 2014 list of Minnesota Rising Stars by Minnesota Super Lawyers, a Thomson Reuters business.

Jardine, Logan & O’Brien, P.L.L.P. is pleased to announce that Elisa M. Hatlevig has been recognized by Super Lawyers for inclusion in the 2014 Top Women Attorneys in Minnesota selection. READ MORE


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.

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