US Supreme Court defines heightened causation standard necessary to establish retaliation under Title VII. University of Texas Southwestern Med. Ctr. v. Nassar, No. 12-484 (US Sup. Ct. June 24, 2013).
Wisconsin Court of Appeals upholds insurance provision limiting stacking to three vehicles regardless of whether stacked policies were from one insurer or multiple insurers. Westra v. State Farm Mut. Auto. Ins. Co., No. 2011CV915 (Wis. Ct. App. June 18, 2013).
Minnesota Supreme Court recognizes “loss of chance” as a theory of recovery in medical malpractice actions, in Dickhoff v. Green, A11-0402 (Minn. May 31, 2013).
In dec action, Minnesota Supreme Court determines that carbon monoxide released from negligently installed boiler is a “pollutant” subject to absolute pollution exclusion of Midwest general liability insurance policy. Midwest Family Mutual Ins. Co. v. Wolters, et. al. A11-0181 (Minn. May 31, 2013).
Plaintiff may not present evidence of damages of pain and suffering, emotional distress, and loss-of-consortium in a breach of contract claim for alleged oral contract that physician would perform intraoperative biopsy. Kaplan v. Mayo Clinic, et. al., 07-CV-03639, slip. Op. (D. Minn. May 28, 2013).
The Minnesota Court of Appeals determines that there is a right to a jury trial for retaliation actions brought under state workers’ compensation statute, Sec. 176.82, subd. 1. Schmitz v. U.S. Steel Corp., No. A12-0709, slip op. at 28-44 (Minn. Ct. App. May 13, 2013).
The Minnesota Court of Appeals refused to recognize direct corporate negligence as a cause of action against a healthcare provider. Bothun v. Martin LM, LLC, A12-1377 (Minn. Ct. App. May 13, 2013).
In Staab III, the court of appeals held that reallocation of uncollectable amount allocated to non-defendant tortfeasor could be reallocated under Minn. Stat. Sec. 604.02 and that the post-judgment interest on the reallocated amount accrues on the date the district court orders reallocation. Staab v. Diocese of St. Cloud, A12-1575, A12-1972 (Minn. Ct. App. April 29, 2013).
Prospective contractor for municipal project that recovers under Minnesota Uniform Municipal Contract Law cannot circumvent prohibition of attorney fee awards by claiming entitlement to attorney fees under Minnesota’s private attorney general statute. Rochon Corp., vs. City of St. Paul, A12-1491 (Minn. Ct. App. April 8, 2013).
Nursing home resident’s estate not third-party beneficiary of arbitration agreement executed by resident’s son when resident competent to execute contracts. GGNSC Omaha Oak Grove, LLC v. Payich, Civ. No. 12-2592, (8th Cir. Mar. 4, 2013).
Primary assumption of the risk bars person injured while snow tubing at recreation facility, from recovering against the facility. Grady v. Green Acres, Inc., __ N.W.2d __, __ File No. A12-885 (Minn. Ct. App. Feb. 4, 2013).
Homeowners’ claim for attorney fees under Minnesota’s Good Faith Law (Sec. 604.18) fails objective and subjective prongs, and jury determination that homeowners violated policy’s “Concealment or Fraud” provision requires homeowners to return $691,000 paid under policy dwelling coverage, less any premium payments attributable to the period after homeowners’ fraud or concealment occurred. Hackbarth v. State Farm Fire & Casualty Co., Civ. No. 11-690 DSD/FLN (D. Minn. Jan. 31, 2013).
Doctor’s claims regarding statements made online and in other written forums by son of the doctor’s patient does not constitute defamation: doctor disputed only specific details of the factual statements, but “gist or sting” remained the same; statements did not harm the doctor’s standing in the community; and calling someone “a real tool” is pure opinion and thus not actionable. McKee v. Laurion, A11-1154 (Minn. Jan. 30, 2013).
Employee claims of fraudulent inducement under Minn. Stat. §181.64, fraudulent misrepresentation, and promissory estoppel survive employer’s summary judgment challenges. Harter v. St. Mary’s Duluth Clinic Health System and Essentia Health, Civil No. 11-2320 ADM/LIB (D. Minn. Jan 29, 2013).
Endorsement in subcontractor’s insurance policy making contractor an additional insured for liability limits additional insured’s coverage to instances of vicarious liability for subcontractor’s negligence; and a contractual indemnification provision in a construction contract obligating subcontractor to indemnify another party for damages not caused by subcontractor’s fault, unaccompanied by either a coextensive insurance agreement or a proper allegation under Minn. Stat. Sec. 337.05, subd. 2, that the promisor has failed to procure insurance, violates Minn. Stat. Sec. 337.02. Engineering & Construction Innovations, Inc. vs. L.H. Bolduc Co., A11-0159 (Minn. Jan. 23, 2013).
An injured claimant’s receipt of underinsured-motorist benefits prior to the claimant’s direct tort action trial constitutes a collateral source for purposes of a motion to reduce damage pursuant to Minn. Stat. § 548.251 (2012). Russell v. Haji-Ali, A12-1213 (Minn. Ct. App. Jan. 14, 2013). [A petition for further review is likely.]
In Gieseke v. IDCA, Inc., No. A12-0713, slip op. (Minn. Ct. App. Jan. 14, 2013), the Minnesota Court of Appeals held that a claim of tortious interference with prospective advantage is a valid tort claim under Minnesota Law, as concerns both present and prospective contractual relations.