Marlene S. Garvis MSN, JD
AV® Preeminent™ Peer Review Rated, Martindale-Hubbell
Paralegal: Ellen Dorow
Marlene Garvis, a nurse attorney, is a partner with Jardine, Logan & O’Brien, P.L.L.P., and chair of the firm’s Health Law Practice Group. She focuses her practice on the representation of clients in litigation, consultation, and in administrative-related proceedings in the following areas:
- Health Care Litigation
- Health Law Consultation
- Licensing, Discipline and Regulatory Proceedings (nurses, other licensed professionals, unlicensed healthcare workers, nursing assistants)
- Employment Litigation
- Employment Consultation
- Appellate Practice
Marlene has an AV® Preeminent Rating in the distinguished legal directory, Martindale-Hubbell®.* In addition to her law practice, she serves as a mediator and arbitrator in cases involving employment and contract issues. Marlene is a qualified neutral under Rule 114 of the Minnesota General Rules of Practice.
Marlene entered the practice of law following a successful career in nursing. She has been at Jardine, Logan & Obrien for most of her legal career and has held many leadership positions in the firm. She currently chairs the firm’s Mentoring, Library and Technology committees.
Health Care Litigation and Health Law Consultation. Marlene chairs the firm’s Health Law practice group and represents clients on issues related to health care practices and policies, patient care issues, health care plans, human resources, and related matters of concern. She defends health care providers including individual professionals, acute care facilities, long term care and assisted living facilities, residential and day treatment programs, and group homes.
Marlene represents clients on all areas of professional liability matters. Marlene also consults with nurses, other licensed health care professionals and unlicensed health care workers in the area of risk management, assisting clients to have effective and appropriate risk management strategies and employment matters, including internal investigations and with risk management assessments. She also provides consultation on employment issues, helping to achieve institution and employee-related goals while reducing risks of litigation for clients. Her practice includes the federal and state courts of Minnesota, Wisconsin, and Iowa.
Licensing, Disciplinary, and Regulatory Proceedings. Marlene represents individual and corporate health care clients in administrative proceedings before state licensing boards and departments of health and human services. She has extensive experience in all areas of representation, including written responses; appearances before licensing agencies with clients, responding to recommended resolutions, trial/hearings, and post-hearing appeals. Her practice includes the administrative agencies in Minnesota, Wisconsin, and Iowa.
Employment Litigation and Consultation. Marlene represents clients in all areas of employment law litigation. Her employment law consulting practice includes matters involving FMLA, ADA, and other discrimination claims, wrongful termination, breach of contract, ERISA, unemployment benefits, and implementation of severance agreements.
Marlene also consults with employers in the area of risk management, assisting clients to have effective and appropriate risk management strategies, and with internal investigations and risk management assessments. She helps her clients achieve institution and employee-related goals while reducing risks of litigation. Her practice includes the state and federal courts and various federal and state agencies, including the Equal Employment Opportunity Commission (EEOC) and state and local fair employment practices agencies. Marlene also arbitrates matters on behalf of the American Arbitration Association.
Appellate Practice. Marlene represents clients in the state and federal appellate courts of Minnesota and Wisconsin. She has successfully advocated on behalf of clients on diverse matters, including health care, employment and personal injury.
Marlene is a frequent speaker on health law, health care, licensing and regulatory matters, as well as employment issues. She is an adjunct professor at Hamline University School of Law and has been an adjunct faculty member of the University of Minnesota School of Nursing. She continues to speak there to nursing students, as well as at St. Catherine University. She has authored numerous articles on health law and employment in medical, nursing and legal publications.
*AV® is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Representative Experience. The following are representative appellate court cases in which Marlene has been involved:
- Powers v. Board of Education of IDS #811, 2011 U.S. Dist. LEXIS 104956 (D. Minn. Aug. 15, 2011)-civil rights and data practices
- Powers v. Wabasha Kellogg IDS School Board, 2011 U.S. Dist. LEXIS 77950 (D. Minn. June 16, 2011)-civil rights
- Powers v. Freihammer, 2010 Minn.Ct. App. (Unpub.) LEXIS 546 (June 15, 2010), pet for review denied (Minn. Aug. 24, 2010), pet for cert. denied (U.S. Jan. 10, 2011)-HRO
- Hickman v. Safeco Ins. Co. of America, 695 N.W.2d 365 (Minn. 2005)-Insurance coverage
- Lundquist v. Rice Memorial Hosp., 121 Fed. Appx. 664 (8th Cir. 2005)-ADA discrimination
- Pippert v. Gundersen Clinic, Ltd., 300 F.Supp.2d 870 (N.D. Iowa 2004) –health care
- Witt v. Metropolitan Life Ins. Co., 2004 WL 62717 (D. Minn. 2004) –employment benefits (ERISA)
- Stodgell v. City of Warroad, 2003 WL 22136081 (Minn. Ct. App. 2003) – wrongful death
- In re Appeal of Sharon O’Boyle, 655 N.W.2d 331 (Minn. Ct. App. 2002) –daycare licensing
- Teichner v. Cunningham Field & Research, Civ. No. 01-1228 (D. Minn. 2001) – employment benefits (ERISA)
- D.R.W. v. State Dept. of Health, 2001 WL 1187092 (Minn. Ct. App. 2001) – nursing licensing
- Wilson v. Stock Lumber, 2001 WL 1182796 (Minn. Ct. App. 2001) – employment/independent contractor
- Buck v. St. Paul Ramsey Medical Center, 1996 WL 636182 (Minn. Ct. App. 1996) –health care
- Peller v. Harris, 464 N.W.2d 590 (Minn. Ct. App. 1991) –health care
- C.A.U. v. R.L., 438 N.W.2d 441 (Minn. Ct. App. 1989) –personal injury (HIV)
- U.S. District Court District of Minnesota
- U.S. District Court Northern District of Iowa
- U.S. District Court Eastern District of Wisconsin
- U.S. District Court Western District of Wisconsin
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Seventh Circuit
- Hamline University School of Law, J.D.
- Boston University, M.S.N.
- College of St. Catherine, B.S. (Nursing)
- University of Minnesota, B.A. (Sociology)
Honors and Certifications:
- Qualified Neutral, Mediation and Arbitration, Minnesota State Court System
- Fellow, American Bar Foundation
- Sigma Theta Tau National Nursing Honor Society, Zeta Chapter
- 2011 Distinguished Pro Bono Service Award U.S. District Court, District of Minnesota
- Featured: “The Best of Both Worlds” Minneapolis Star Tribune August 30, 2009
- Leading Health Care Attorney, Minnesota Physician (2005)
- Judges Hall of Fame, Silver National Mock Trial Tournament, HUSL (March 1998)
- Skyway News, “Working Women: In Search Of Success -A Special Focus,” March 18, 1997
- Featured: Minnesota Women Lawyers Newsletter, February 1990 & September 1991
- Featured: Hamline University School of Law View Book, 1987
- American Association of Nurse-Attorneys (TAANA) (Acting President of North Central Group 1990 – Present; Editorial Board, In brief, 1986 – 1992)
- American Bar Association-Health Law Section (IG Litigation and Risk Management Vice Chair 2008 – 2011; Technology Committee Vice Chair 2011 – 2012; Breast Cancer Task Force Executive Committee 2012 – 2013
- ABA-National Conference of Bar Presidents (Metropolitan Caucus; Executive Committee 2007 – 2011)
- Federal Bar Association (FBA) (Health Law Section Vice Chair 2009 – 2011; Health Law Section Chair, 2011 – Present)
- Minnesota State Bar Association (MSBA) (Diversity Implementation Taskforce Co-Chair 2009 – 2012; General Policy Committee 2005 – 2008; Assembly Delegate 2005 – Present; Diversity Taskforce 2005 – 2006; Legislative Committee 2005 – 2006; Women in the Legal Profession Committee 2006 – Present; Membership Committee 2003 – 2005)
- Hennepin County Bar Association (HCBA) (Past President 2006 – 07, President 2005 – 2006, Executive Committee 2002 – 2007); Editor, The Hennepin Lawyer, 1988, 1990, 1993, 2002 and 2003
- Hennepin County Bar Foundation (President 2000 – 2002, Board of Directors 1997 – 2007)
- Minnesota Board of Continuing Legal Education (Board of Directors 2004 – 2010)
- Hamline University School of Law (Alumni Board 2005 – 2010)
- Minnesota School of Business and Globe College ( Advisory Board 2003 – Present)
- Battered Women’s Legal Advocacy Project (BWLAP) (Board Chair 2009 – Present, Board of Directors 2008 – Present)
- Minnesota Women Lawyers (President 1991 – 1992, Board of Directors 1984 – 1987, 1989 – 1993; Student–to–Lawyer Mentoring Committee Co-Chair 2006 – 2007; Advisory Board 2010 – Present)
- Warren E. Burger Inn of Court (Governing Council 1998 – 2002, Member 1997 – Present)
- Hamline University School of Law, Adjunct Professor
- University of Minnesota School of Nursing, Adjunct Professor
- Editor, The Hennepin Lawyer
- The Journal of Nursing Law Reviewer
- The Journal of Nursing Law Editorial Board
- Minnesota Society of Health Risk Management (MnSHRM)
- MDLA 50 for 50 Club, providing pro bono services
- Federal Bar Association Pro Se Project
- Ramsey County Bar Association (RCBA)
- National Association of Women Lawyers (NAWL)
- Defense Research Institute (DRI)
- Minnesota 100 Program Mentor
- NCJW Minneapolis Section Board of Directors
- Garvis, Marlene S. “Minnesota Supreme Court to Review Reduction in Force Termination,” JLO legal ease, Summer 2011.
- Garvis, Marlene S. Profile on Judge Karen Janisch. Hennepin Lawyer, September 2009.
- Garvis, Marlene S. Profile on Judge Thomas Sipkins. Hennepin Lawyer, July 2009.
- Garvis, Marlene S. “The New Rule 68-Is It An Effective Tool For Litigators.” JLO legal ease, Summer 2008.
- Garvis, Marlene S. “Fair Labor Standards Act-Who is Exempt from the FLSA.” JLO legal ease, Fall 2007.
- Garvis, Marlene S. “Fair Labor Standards Act-Impact on Employers Increases.” JLO legal ease, Summer 2007.
- Garvis, Marlene S. and Hatlevig, Elisa M. “Title VII Retaliation Claims after Burlington Northern.” For The Defense, Vol. 48, No. 10, October 2006, 41-46.
- Garvis, Marlene S. “What’s New in Health Law-Some Surprises in 2006.” JLO legal ease, Spring 2006.
- Garvis, Marlene S. and Hatlevig, Elisa M. “The Interplay of the ADA and the WCA.” JLO legal ease, Winter 2006.
- Garvis, Marlene S. and Michael, Janet E. “Insurance Issues.” Business and Legal Guidebook for Nurse Practitioners, TAANA 2005.
- Care Providers of Minnesota, 2012 Annual Convention, November 9, 2012. Fact or Fiction: What Does the Nurse Practice Act Require?
- Minnesota CLE Webinar, October 29, 2012. Cancer and Workplace Implications: It’s Time to Talk.
- St. Catherine University, October 25, 2012. Legal Issues Facing Nursing Practice. Seminar for Graduate Nurse Practitioner Students.
- University of Minnesota School of Nursing, October 24, 2012. Legal Issues Facing Nursing Practice. Presentation to Graduate Nursing Students.
- St. Catherine University, March 28, 2012. Legal Issues Facing Nursing Practice. Seminar for Graduate Nurse Practitioner Students.
- National Business Institute. Employment Law BOOTCAMP seminar (webinar), December 5, 2011.
- University of Minnesota School of Nursing, November 9, 2011. Legal Issues Facing Nursing Practice. Presentation to Graduate Nursing Students.
- Care Providers of Minnesota, 2011 Assisted Living & Senior Housing Summit. August 25, 2011. Fact or Fiction: What Does the Nurse Practice Act Require?
- ABA-AALNC Joint Webinars. June 13 and July 19, 2011. Elder Abuse and Neglect.
- College of St. Catherine, March 17, 2011. Legal Issues of Nurse Practitioner Practice. Seminar for Graduate Nurse Practitioner Students.
- National Business Institute, November 20, 2009. Advanced Expert Witness Deposition Tactics. Attorney Continuing Legal Education Seminar.
- Hamline Univ. School of Law, October 6, 2009. Issues in Medical Malpractice. Presentation to Torts II Class.
- Bethel College, September 29, 2009. Legal Issues for Nurses. Seminar for Undergraduate Nursing Students.