Barry O'Neil presented on January 18, 2019 at "Legal Malpractice Issues: Plaintiff & Defendant Perspectives" by The Knowledge Group. Overview: Legal malpractice claims typically occurs when attorneys fail to perform according to prescribed standards and...
Employment Type Claims Allowed to Proceed Based on Actions of Independent Contractor
In Soto v. Shealey and Swift Transportation (August 2, 2018) Federal District Court Judge Tunheim allowed claims for negligent selection, negligent supervision, and negligent entrustment to go to trial regardless of whether or not the owner operator of a truck under...
Attention Zealous Advocates: Don’t Forget Your Shield – Protecting Your Practice and Avoiding Traps in Legal Ethics and Malpractice Claims
Lauren Nuffort presented at the 2018 Trial Techniques Seminar in Duluth from August 16 to 18, 2018. She spoke with Danielle Parry from Minnesota Lawyers Mutual Insurance on the topic, "Attention Zealous Advocates: Don't Forget Your Shield - Protecting Your Practice...
Marc Johannsen Honored by Boy Scouts of America
Marc Johannsen recently was recognized by the Northern Star Council of the Boy Scouts of America for his volunteer work when he was awarded the Silver Beaver Award. This nomination-only award is the highest award a council can bestow upon a volunteer and recognizes...
Drilling Down: The Vaccine Act
The National Childhood Vaccine Injury Compensation Act of 1986 (“Vaccine Act”), 42 U.S.C.A. § 300aa-11 et seq., established a streamlined, no-fault compensation method for injured vaccine recipients to recover compensation. Under the Vaccine Act, a no-fault program...
North Dakota Supreme Court Sheds Light on Significant Consequences Unlicensed Contractors May Face
In Snider v. Dickinson Elks Building, LLC, 907 N.W.2d 397 (ND 2018), the North Dakota Supreme Court clarified the consequences contractors engaged in the business of construction, repair, alteration or demolition can face if they don’t obtain a license before...
Preserving the Record for Appeal
Kay Hunt was on a panel on April 17, 2018, addressing "Preserving the Record for Appeal," as a part of a series before the Hennepin County Bar Association's Bench & Bar Committee, Candid Conversations.
Construction Litigation: Lessons from the Trenches Part II
Keith Broady, Lauren Nuffort and Mike Moline participated in a seminar on June 13, 2018 which was presented by the Minnesota Construction Association, "Construction Litigation: Lessons from the Trenches Part II." Keith Broady, Lauren Nuffort and Karl Yeager of Meagher...
How the New Tax Law Will Affect Divorce Payments
Late last year, Congress and the President enacted sweeping new tax legislation that fundamentally affects the family both during marriage and following divorce. The Tax Cuts & Jobs Act (“TCJA”) made four key changes of which you should be immediately aware....
No-Fault Here and Now and What Is on the Horizon
Kelly Sofio was a panelist in a session titled "No-Fault Here and Now and What Is on the Horizon" at the 2017 Twin Cities Claims Association Annual Winter Seminar. The no-fault panel discussed pertinent no-fault issues and ways to deal with the creative and crafty...
Statute 62Q Defense and the Supreme Court
Kelly Sofio presented to the MDLA Motor Vehicle Committee on her Court of Appeals Opinion on Western National Ins. Co. v. Jon Nguyen (A17-0314) on 62Q.75 and its applicability to Minnesota No-Fault.
No-Fault Trends
Attorney Kelly Sofio provided first-hand experience on current trends in no-fault arbitration claims at the Twin Cities Claims Association Annual Meeting in 2017.
Department of Transportation Revised Employee Drug Testing Rules Effective January 1, 2018
On January 1, 2018, commercial motor vehicle drivers and those performing safety sensitive functions for cargo and passenger carriers (collectively “drivers”) regulated by the United States Department of Transportation (DOT) will now be screened for four additional...
Beware of Economic Waste Doctrine in Wisconsin and Its Potential to Limit Recovery in Breach of Contract Cases
The United States Bankruptcy Court for the Northern District of Illinois recently held the “economic waste” doctrine, as applied in Wisconsin, prevented a property owner from recovering the costs to repair a structure on its property even though the court found the...
Divorce A to Z: How to Appeal Decisions in Family Court Matters
Kay Hunt spoke on November 1, 2017 at a Minnesota CLE seminar, "Divorce A to Z: How to Appeal Decisions in Family Court Matters." Program description: Appellate practice is highly specialized, with its own set of rules, deadlines and procedures. Failure to...
Appeals & Insurance Coverage Q&A with Kay Nord Hunt:
What advantages do you see in working with an appellate advocate? [Transcript] Kay Hunt's appellate experience - handled over 600 appeals. [Transcript] How do you weigh the cost/benefit analysis of appealing a decision? [Transcript] View all of the videos from this...
Property Tax, Commercial Litigation, Construction Litigation & Property Insurance Q&A with Michael Moline:
What is your experience? [Transcript] What should I expect if my home or business is damaged by fire, hail or a storm? [Transcript] What is property damage insurance appraisal? [Transcript] View all of the videos from this Q&A by...
Case Law Update
Farmers Were Not “Farmers” for Purposes of Conservation Easement Charitable Deduction Rutkoski v. Comissioner, 149 T.C. 6 (August 7, 2017). THE PARTIES: Mark Rutkoske and Felix Rutkoske are brothers who engaged in a farming operation through various business entities...
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