Category Archives: Government Liability

Government Liability News

Federal Appeals Court Affirms Minnesota District Court’s Authority to Order State to Comply with Landmark Settlement Benefitting People with Disabilities

In 2011, O’Meara Leer Wagner & Kohl negotiated a landmark class action settlement with the State of Minnesota on behalf of people with disabilities across the state. In the Settlement, the State agreed to create an Olmstead Plan, eliminate the … Continue reading

Posted in Alternative Dispute Resolution, Community, Disabilities Law, Government Liability, O'Meara, Leer, Wagner & Kohl News, Uncategorized | Leave a comment

In Dram Shop Cases, Notice of Claim Provided to Liquor Seller’s Insurer Is Insufficient Notice to Seller, Barring Claim

In Buskey et al. v. American Legion Post #270, an unpublished decision, the Minnesota Court of Appeals affirmed its stance that dram shop action claimants must provide notice of claims to licensees (i.e., “licensed retailers of alcoholic beverages or municipal … Continue reading

Posted in Government Liability, Insurance Coverage, Liquor Liability, Motor Vehicle | 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In Contractors Edge, Inc. v. City of Mankato, the Minnesota Court of Appeals held in an unpublished decision that a contractor was barred from pursuing a breach-of-contract claim against the City of Mankato after it failed to strictly follow the … Continue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

Legislature Revises Data Privacy Act Involving Public Entity Contracts With Private Parties

Governor Dayton recently signed legislation revising the Minnesota Government Data Practices Act to clarify that private parties that contract with the government to perform a government function are subject to the Act to the extent of data related to the performance … Continue reading

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

The ARC of Minnesota and O’Meara, Leer, Wagner & Kohl, P.A. to Celebrate Landmark Class Action Settlement at March 7, 2012 Event

Minneapolis, MN On December 1, 2011, the Minnesota Federal Court approved an important Class Action Settlement involving widespread restraint and seclusion of several hundred Minnesotans with developmental disabilities at the Minnesota Extended Treatment Options (METO) facility located on the former … Continue reading

Posted in Community, Government Liability, Our People | Tagged , , , | Leave a comment