News & Resources
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...
Read MoreMark J. Condon, March 25, 1949 – March 23, 2016
Our former colleague, Mark Condon, ended his lengthy battle with cancer and passed from this life to the next on March 23,...
Read MoreMinnesota 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...
Read MoreMinnesota 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...
Read MoreMinnesota Supreme Court holds a fact finder may consider embedded-labor-cost depreciation, among other factors, when determining the “actual cash value” of damaged property under the Broad Evidence Rule.
In reformulating and answering a certified question from Federal District Court for the District of Minnesota, the Minnesota...
Read MoreMinnesota Rule of Civil Procedure 5.04(a)’s one-year filing deadline for civil actions in Minnesota takes a hit at the court of appeals on its way to the Minnesota Supreme Court.
The court of appeals has addressed the interplay between Rules 5.04(a) and 60.02 of the Minnesota Rules of Civil Procedure on three...
Read MoreFOR WANT OF A BOND, AN APPEAL WAS LOST – Minnesota Supreme Court Rejects Appeal from Employer/Insurer Because They Failed to Serve a Cost Bond as Required By Statute
In Dennis v. Salvation Army , slip op., (W.C.C.A. April 8, 2015), the Workers' Compensation Court of Appeals (WCCA) considered...
Read MoreThe United States Department of Education’s Plan to Change How School Districts Approach Discipline and to Require the Reallocation of Resources
On January 8, 2014, the United States Department of Education (DOE), through its Office of Civil Rights (OCR), issued a “Dear...
Read MoreMinnesota Supreme Court holds statute of limitations for wrongful discharge action under the Minnesota Whistleblower Act is 6 years.
In Ford v. Minneapolis Public Schools , the Minnesota Supreme Court held that the statute of limitations for claims under...
Read MoreCourt 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...
Read MoreO’Meara Leer Wagner & Kohl Adds Two New Partners
O'Meara Leer Wagner & Kohl continues its growth with the addition of two new Partners. Managing Shareholder Shamus...
Read MoreMinnesota Court of Appeals Affirms Dismissal of Student’s Vicarious Liability and Negligent Supervision Claims Against School District
The Minnesota Court of Appeals has held that a school district is immune from vicarious liability for an employee's sexual abuse of...
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