News & Resources
Minnesota Court of Appeals holds developer vicariously liable for design and construction defects under the Minnesota Common Interest Ownership Act
In one of the first appellate court decisions to address the scope and applicability of the implied warranties under the Minnesota...
Read MoreAttorneys 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...
Read MoreSupreme Court rules workers’ compensation settlement may close out not only the workers’ compensation injury, but also conditions and complications arising out of the injury, even if the settlement does not specifically reference the condition or complication.
In Virgenia M. Ryan v. Potlatch Corporation and Self-Insured/Comp Cost, Inc. , — N.W.2d — (Minn. July 13, 2016),...
Read MoreGovernor Dayton Signs Law Affecting Undisputed Construction Contract Payments and Retainage
Last Tuesday, the Minnesota State Legislature passed a bill regarding payments under building and construction contracts. The bill...
Read MoreMinnesota 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...
Read MoreMinnesota 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 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 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 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...
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