Category Archives: Employer Liability

Employer Liability News

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 Rejects Employer’s Attempt to Recoup Amounts Paid to Third Parties Due to Employee’s Negligence

On March 20, the Minnesota Court of Appeals published an opinion affirming a district court’s ruling barring an employer from bringing a negligence claim against its employee for amounts paid to indemnify the employee from third-party claims. First Class Valet … Continue reading

Posted in Employer Liability, Employment Law, Uncategorized | 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

Minnesota Supreme Court Affirms Adoption of the “Increased Risk” Test

In a decision issued March 4, 2015, the MN Supreme Court demonstrated its commitment to the “increased risk” test it adopted late in 2013 in Dykhoff v. Xcel Energy.  In Arrowhead Senior Living Community v. Kainz, the MN Supreme Court … Continue reading

Posted in Employer Liability, Employment Law, Workers' Compensation | Leave a comment