Category Archives: Business and Commercial Law

Business and Commercial Law News

Wisconsin Supreme Court Addresses What it Takes to Properly Plead a Claim of Successor Liability in Wisconsin and How, When Properly Pled, the Fraudulent Transaction Exception to Wisconsin’s Successor Non-Liability Rule is Analyzed

In a split decision, the Wisconsin Supreme Court recently held in Springer v. Nohl Electric Products Corp., No. 2015AP829 (May 15, 2018) that a plaintiff who pled only allegations of negligence and strict liability failed to state a claim of … Continue reading

Posted in Business and Commercial Law, General Liability, Toxic and Mass Tort | Leave a comment

The Common Enterprise Defense is Alive and Well, But Still Not Without Limits

OLWK Attorneys Brian McSherry and Lance Meyer recently co-authored an article regarding the Minnesota Supreme Court’s decision in Kelly v. Kraemer Constr., Inc., in which the court broadly applied the common-enterprise defense after a twenty-year hiatus.  As discussed in a … Continue reading

Posted in Business and Commercial Law, Construction Law, Employer Liability, Premises Liability, Subrogation, Workers' Compensation | Leave a comment

Minnesota Supreme Court Solidifies Common-Enterprise Doctrine with Ruling in Favor of Third Party

This week, the Minnesota Supreme Court held in Kelly v. Kraemer Construction, Inc., A15-1751, that a general contractor hired to repair two bridges and the subcontractor it hired to assist with the project were engaged in a common enterprise for … Continue reading

Posted in Business and Commercial Law, Construction Law, Employer Liability, Subrogation, Workers' Compensation | Leave a comment

Minnesota Court of Appeals Rules Immunity Under Recreational Use Statute is Only for Landowners Opening Lands to Community at Large

In an opinion issued this morning, the Minnesota Court of Appeals ruled the immunities afforded to landowners under the recreational use statute (Minn. Stat. 604A.20 et seq.) are only available to those landowners who open their private lands to the … Continue reading

Posted in Business and Commercial Law, Community, General Liability, O'Meara, Leer, Wagner & Kohl News, Premises Liability | Leave a comment

Minnesota Court of Appeals provides guidance on Minnesota’s Construction Defect Statute of Limitations and MCIOA Six Year Repose Period

Minnesota’s Court of Appeals provides guidance on the interpretation of Minnesota’s Statute of Limitations for construction defect cases and on the Minnesota Common Interest Ownership Act’s (“MCIOA”) six-year statute of repose in the unpublished case Town Center Office Plaza Assoc. … Continue reading

Posted in Business and Commercial Law, Construction Law, General Liability | Leave a comment

Minnesota Court of Appeals holds developer vicariously liable for design and construction defects under the Minnesota Common Interest Ownership Act

In one of the first appellate court decisions to address the scope and applicability of the implied warranties under the Minnesota Common Interest Ownership Act (MCIOA), the Minnesota Court of Appeals held a developer vicariously liable under the MCIOA for … Continue reading

Posted in Business and Commercial Law, Construction Law, Insurance Coverage, O'Meara, Leer, Wagner & Kohl News, Our People | Leave a comment

Attorneys O’Meara, Thornsjo and Leer Named 2016 SuperLawyers; McSherry Named Rising Star

O’Meara, Leer, Wagner and Kohl is proud to announce that three of the Firm’s shareholders –Shamus P. O’Meara, Timothy J. Leer and Dale O. Thornsjo – have once again been recognized as “Super Lawyers” by their peers in Minnesota.  Joining them this … Continue reading

Posted in Alternative Dispute Resolution, Business and Commercial Law, Construction Law, Education Law, General Liability, Insurance Coverage, Motor Vehicle, O'Meara, Leer, Wagner & Kohl News, Our People, Premises Liability, Products Liability, Professional Liability | Leave a comment

Governor Dayton Signs Law Affecting Undisputed Construction Contract Payments and Retainage

Last Tuesday, the Minnesota State Legislature passed a bill regarding payments under building and construction contracts. The bill amends Minnesota Statute section 337.10, subdivisions 3 and 4, by allowing work to be suspended if undisputed payments are not received and … Continue reading

Posted in Business and Commercial Law, Construction Law | Leave a comment

Minnesota Court of Appeals rules human resources complaint process is a “dispute resolution process” for purposes of tolling the Minnesota Human Rights Act’s one-year statute of limitations under Minn. Stat. § 363A.28, subd. 3.

In Peterson v. City of Minneapolis, — N.W.2d — (Minn. Ct. App. May 2, 2016), A15-1711, the Minnesota Court of Appeals found that, 1) the plain language of the Act is not exclusive with regard to dispute resolution processes that start … Continue reading

Posted in Business and Commercial Law, Employer Liability, Employment Law, General Liability, Government Liability, Workers' Compensation | Leave a comment

Court of Appeals warns contractors — comply with the notice procedures in the construction contract or risk waiver.

In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals held in an unpublished decision that a contractor was barred from pursuing a breach-of-contract claim against the City of Mankato after it failed to strictly follow the … Continue reading

Posted in Alternative Dispute Resolution, Business and Commercial Law, Construction Law, General Liability, Government Liability | Leave a comment