Category Archives: General Liability

General Liability News

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defect cases and on the Minnesota Common Interest Ownership Act’s (“MCIOA”) six-year statute of repose in the unpublished case Town Center Office Plaza Assoc.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

Iowa Joins Growing Number of States to Weigh In on Asbestos-Related Litigation

On March 23, 2017, Iowa Governor Terry Branstad signed into law Iowa Senate File 376 (2017), which stands to significantly impact the future handling of asbestos-related litigation in the state.  The new law first contains a section entitled the “Asbestos … Continue reading

Posted in Environmental, General Liability, Products Liability, Toxic and Mass Tort | Leave a comment

MN Court of Appeals Holds that Failure to Sue Tortfeasor Precludes UIM Claim

In Ronning v. State Farm, A16-0538, the Minnesota Court of Appeals ruled in a published decision that insureds who fail to sue the tortfeasor may not bring a claim for underinsured motorist benefits because their claim has not ripened. In … Continue reading

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Minnesota Supreme Court finds relief from a Rule 5.04(a) dismissal for failure to file within one year is available under Rule 60.02 so long as the four Finden factors are met.

In Gams v. Houghton and Cole v. Wutzke, the Minnesota Supreme Court affirmed as modified and remanded two cases for the application of Minn. R. Civ. P. Rule 60.02 to a Rule 5.04(a) dismissal.  In 2013, the supreme court adopted … Continue reading

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Minnesota Supreme Court rules Web-based “Pay-Day” lender’s emails and Google AdWords targeting Minnesota residents was sufficient for Minnesota Courts to exercise personal jurisdiction

In Rilley v. MoneyMutual, LLC, A14-1307 (Aug. 24, 2016), the Minnesota Supreme Court ruled that Minnesota courts could exercise personal jurisdiction over MoneyMutual, a web-based business that matches “pay day” lenders with consumers. In this class action lawsuit, the plaintiffs … Continue reading

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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

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 Court of Appeals extends Swanson v. Brewster collateral-source ruling to cases in which a subrogation interest is asserted, confirming that negotiated discounts are always collateral sources subject to offset under Minn. Stat. § 548.251.

Six years ago, the Minnesota Supreme Court held in Swanson v. Brewster, 784 N.W.2d 264 (Minn. 2010), that negotiated-discount amounts—amounts a plaintiff is billed by a medical provider but does not pay because the plaintiff’s health insurance provider negotiates a … Continue reading

Posted in General Liability, Insurance Coverage, Motor Vehicle, Subrogation, Transportation | Leave a comment

Minnesota Supreme Court affirms the statute of limitations for UM claims, both primary and excess, is 6 years from the date of the accident.

In Hegseth v. Am. Family Mut. Ins. Co., A14-1139, the Minnesota Supreme Court held that the statute of limitations for excess uninsured motorist (“UM”) benefits begins to run on the date of the accident regardless of whether an insured’s claim … Continue reading

Posted in General Liability, Motor Vehicle, Transportation | Leave a comment