Minnesota 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...

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FOR 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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The 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...

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Minnesota 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...

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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In Contractors Edge, Inc. v. City of Mankato , the Minnesota Court of Appeals held in an unpublished decision that a contractor...

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O’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...

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Minnesota 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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Minnesota Court of Appeals issues pair of unpublished insurance coverage decisions to close out 2015, siding with the insured (in part) in one and the insurer in the other.

First, in Swanny of Hugo, Inc. v. Integrity Mut. Ins. Co. , the Minnesota Court of Appeals affirmed a jury award of roughly...

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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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Wishing You Happy Holidays from O’Meara Leer Wagner & Kohl

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Minnesota Supreme Court allows insureds to double dip and recover medical expenses under the No-Fault Act after recovering the same expenses in a prior negligence actions.

The Minnesota Supreme Court held this week in State Farm Mut. Auto. Ins. Co. v. Lennartson that the Minnesota No-Fault Act does...

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Minnesota Supreme Court Confirms that Statute of Limitations for Claims of Defective Construction Can Begin to Run Before Substantial Completion

The Minnesota Supreme Court confirmed in 328 Barry Ave., LLC v. Nolan Properties Group, LLC that the two-year statute of...

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