The appellate rules specifically list the types of trial court decisions that can be appealed. Usually this requires a final judgment, which occurs at the very end of the litigation in the trial court. But on rare occasions, a trial court may make a decision that is...
One of the important but often overlooked Federal Rules of Civil Procedure is Rule 25, which allows for substitution when a party has died. This Rule was recently addressed by the Eighth Circuit in Benacquisto v. Am. Express Fin. Corp., 2022 WL 3133437 (8th Cir. Aug....
One consideration in deciding whether to appeal is how long it will take to obtain a decision from the appellate court. Luckily, most appeals in Minnesota follow a fairly predictable timeline, so it is possible to plan ahead. Ordering Transcripts The first step after...
Whenever you are considering appealing a district court decision, it is crucial to immediately calculate the appeal deadline. Unlike some other court deadlines, the appeal deadline generally cannot be extended or waived the court. If you miss the deadline, you lose...
We are happy to announce that Michelle Kuhl has been elected a shareholder at Lommen Abdo. A Love of Learning Leads to Appeals From an early age, Michelle has always enjoyed learning as much as she can about many different things. As a result, while she enjoyed...
Upon receiving an adverse ruling from a district court, many people instinctively want to appeal the decision immediately and assume that doing so will quickly result in reversal. The reality is not so simple. There are many factors that must be considered before...
The Eighth Circuit recently reaffirmed the validity of household exclusion clauses in boat insurance and umbrella insurance policies under Minnesota law. Such exclusions are common and operate to deny liability coverage for personal injuries to the named insured and...
We are proud to announce that Lommen Abdo attorneys John Crawford and Lauren Nuffort have been hard at work co-editing and authoring chapters of the 2021 update of the 5th edition of the Minnesota Insurance Law Deskbook, published July 9, 2021. The 26 chapter Deskbook...
The Minnesota Court of Appeals recently clarified that an attorney misconduct claim couched as a breach of fiduciary duty claim is still a claim for attorney malpractice and subject to the expert affidavit requirements of Minnesota Statutes section 544.42. In short,...
Nearly every attorney has now been affected in some way by the challenges brought on by COVID-19. Appellate attorneys have largely been lucky compared to their trial-level colleagues because most appellate work is uniquely well-suited for a remote environment. After...
A recent decision from the District of Minnesota reaffirmed that under Minnesota law third-party liability insurance coverage follows the vehicle, not the person. Therefore, insurance policies may contain provisions that do not extend coverage to certain vehicles,...
Kay Nord Hunt and Michelle K. Kuhl co-authored Chapter 20 in the 2020 Eighth Circuit Appellate Practice Deskbook, "Review by Extraordinary Writ in Civil Cases."
Lommen Abdo is proud to have increased the number of its lawyers included in the latest edition of The Best Lawyers in America© – especially in the midst of a pandemic. One additional Lommen Abdo attorney has been included in the 2021 edition of Best Lawyers: One to...
The Minnesota Supreme Court released its highly anticipated decision in Peterson v. Western National on July 29, 2020. This decision was the first case in which the Court interpreted the first party bad faith statute, Minn. Stat. § 604.18. As expected, the Court...
As we know, the Minnesota Supreme Court heard oral arguments in Peterson vs. Western National Mutual Insurance Company on January 6, 2020. That Minnesota Supreme Court decision concerned Minnesota's new bad faith statute: Minn. Stat. § 604.18. In essence, in that...
After two and a half years of litigation, a biological father has been recognized as a legal parent of his child who was placed for adoption without his consent, according to the Minnesota Supreme Court’s recent decision in T.G.G. v. H.E.S. Although the father did not...
Michelle Kuhl is an adjunct professor at the University of St. Thomas School of Law in 2020 teaching Lawyering Skills III.
Barry O'Neil and Michelle Kuhl presented a webinar on June 12, 2020 through the Hennepin County Bar Association's Professionalism and Ethics Section on "When CAN You Speak to a Represented Party?" Overview: Rule 4.2 of the Minnesota Professional Rules of...
Do you have a legal question? Contact us today. We are here to help you!