General and Commercial Liability

Deal or No Deal? Wisconsin Court of Appeals Throws Out Mediated Settlement Agreement

The facts of Paul R. Ponfil Trust v. Charmoli Holdings, LLC , 2018-AP-1321, 2019 WL 4463459 (Wis. Ct. App. Sept. 18, 2019) ,...

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Minnesota Supreme Court to Decide Whether Minn. Stat. § 604.02, subd. 1 Applies in Workplace Injury Cases

The Minnesota Supreme Court recently heard oral argument in Fish v. Ramler Trucking, Inc. , A18-0143, in which the court will...

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Wisconsin Court of Appeals Clarifies Applicability of Economic Loss Doctrine in Cases Involving Damage to “Other Property”

The Wisconsin Court of Appeals recently addressed the application of an often misapplied exception to the economic loss doctrine in...

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KEEP YOUR HANDS OFF! - Minnesota’s “Hands-Free” Law Takes Effect August 1, But Does The Law Really Say What Was Intended?

According to the Minnesota Office of Traffic Safety, starting on August 1, Minnesota drivers must drop their cell phones when...

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Minnesota Courts Continue to Grapple with Pre-Appraisal-Award Interest Claims Post-Poehler

Two years ago, in Poehler v. Cincinnati Insurance Company , 899 N.W.2d 135 (2017) , the Minnesota Supreme Court extended...

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8th Circuit Denies “Drive-By” ADA Claims

The 8th Circuit recently affirmed a District of Minnesota Order for Summary Judgment, dismissing claims for damages stemming from...

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Minnesota Court of Appeals Reverses Summary Judgment (In Part) and Remands Tenant’s Trip and Fall Suit for Trial

In a published decision, the Minnesota Court of Appeals recently revived a tenant’s trip and fall suit for trial. Wise v....

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Eighth Circuit endorses secondhand personal service under Minn. R. Civ. P. 4.03(a)

The Eighth Circuit Court of Appeals was recently asked in a personal injury case to predict whether the Minnesota Supreme Court...

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Mike Skram to Present on May 2 at the Product Liability Seminar for the Association of Equipment Manufactures

OLWK Shareholder was asked to present on litigation issues related to Electronic Data and Machine Telematics at AEM’s Products...

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The Restatement of the Law of Liability Insurance has been approved: Now what?

OLWK Attorneys Lance Meyer and Dale Thornsjo recently co-authored an article in the Minnesota Defense Lawyers...

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As 2017 Comes to a Close, Minnesota’s Appellate Courts Continue to Grapple with the Issue of Foreseeability in Tort Cases

In 2017, the Minnesota Supreme Court has grappled with the issue of foreseeability in a variety of tort cases.  In particular, the...

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Applying Illinois law, Seventh Circuit broadly applies “Damage to Property” Exclusion to Bar Coverage for Damaged Grain Bin

The “Damage to Property” exclusion in the standard commercial general liability policy excludes coverage for “property...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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Minnesota Court of Appeals holds that out-of-state insurers not licensed to write motor-vehicle insurance in Minnesota are not obligated to provide no-fault benefits to insureds injured in Minnesota.

In Founders Ins. Co. v. Yates , the Minnesota Court of Appeals recently held that an out-of-state insurer that is not licensed...

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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...

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Minnesota Supreme Court upholds exclusion of evidence of Alford plea from subsequent civil trial.

The Minnesota Supreme Court held this week in Doe v. Liebsch that evidence of an Alford plea was properly excluded under Minn....

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Minnesota Supreme Court Issues Long-Awaited Staab II Decision

In a 5-2 decision this week in Staab v. Diocese of St. Cloud , the Minnesota Supreme Court held that a party severally liable...

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COVERING ALL THE BASES: LEGAL NEWS FROM THE WORLD OF BASEBALL

On July 15—after almost thirty years—Major League Baseball's All-Star Game returns to the City of Minneapolis, where the best...

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MN Court of Appeals Allows Housing Court to Award Damages

The Minnesota Court of Appeals recently upheld the right of a Minnesota Housing Court to award monetary damages to an evicted...

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Subcontractor Exposure: 2013 Amendments to the Minnesota Anti-Indemnification Statute

Shamus O'Meara comments on important issues involving subcontractor liability and insurance coverage in his article,...

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