Legal Headlines
If you decide to drive a farm tractor to town to pick up groceries, will your no-fault vehicle insurance cover someone injured in a collision with the tractor? No, according to the decision of the Minnesota Court of Appeals in Kastning v. State Farm Insurance...
Around noon on October 27, 2007, Anthony McClelland was involved in a tragic motorcycle crash on Highway 169 near Baldwin, Minnesota. At the time of the accident, Mr. McClelland was not wearing a helmet and witnesses estimated that he was traveling at approximately...
Ken Abdo, an artist advocate, is also girding for a legal battle with the recording industry over a 1976 amendment to federal copyright law that allows artists to reclaim their work after 35 years and do with it as they please. The process legally is called "termination...
A medical-malpractice claim based on a physician’s failure to diagnose cancer is not barred as a mere “loss of chance” (or reduced-chance) claim when the misdiagnosis resulted in a delay in treatment that makes it more likely than not that the patient will not survive the...
For most of Ken Abdo's 27 years as a lawyer, the lifelong Minneapolis resident has maintained an entertainment practice that includes national as well as local performers. He has Jonny Lang on his client list, as well as legendary Bobby Vee and Kool and the Gang. Creator Steven...
The Ramsey County District Court gave final approval for the settlement between Plaintiffs, 876 Bondholders, and the St. Paul Port Authority at a hearing before the Honorable Robert Awsumb on October 27th.
Plaintiffs 876 Bondholders and the Port Authority filed a motion today with the Ramsey County District Court requesting the Court grant preliminary approval of a settlement agreement. The court hearing is scheduled for September 22, 2011. If the Court grants preliminary approval,...
The Eighth Circuit Court of Appeals found that when the facts are developed at trial, a reasonable factfinder could reach one of several factual conclusions: (1) the Appellants were misled into believing that the terms of the 1988 Agreement would continue to govern the parties’ contractual...
Lommen Abdo helped its client file the first termination of copyright in the nation under the Sections 203 and 304 of the U.S. Copyright Act. Sections 203 and 304 of the U.S. Copyright Act permit authors to terminate exclusive or non-exclusive transfers of copyright or any right under copyright...
On August 16, 2011, "net winners" in the massive Madoff Ponzi scheme were delivered a blow by the Second Circuit U.S. Court of Appeals. The Madoff "net winners" argued for a method whereby gains or losses in the Ponzi scheme would be determined by the market values as shown on their last statement....
The Minnesota Court of Appeals recently clarified the bounds of grandparent visitation in its decision in the case of In re the minor child C.D.G.D. v. Darst.
Minnesota has long recognized a statutory right for grandparents to petition the Court for visitation with their grandchildren. See Minn....
Lommen Abdo represented the prevailing party in a Wisconsin Supreme Court case which was featured on the State Bar of Wisconsin's web site.
Lommen Abdo Files Suit Against Distributor of Defective Hip Replacement System
Three Midwest Patients Suffer Injuries Due to Defective Components
A lawsuit was filed today in the Minnesota First District Court in Carver County on behalf of three plaintiffs who are claiming injuries resulting from...
The IRS issued final regulations on February 4, 2011 governing how to elect to treat the sale or exchange of a musical work or copyright in a musical work as a sale or exchange of a capital asset (TD 9514).
The Minnesota Court of Appeals has revived a class action lawsuit against the Philip Morris tobacco company by smokers of its Marlboro Light cigarettes. The plaintiff class argued the company used fraud and misrepresentation to convince consumers that the light or low-tar cigarettes were less dangerous...
Barry O’Neil and Ken Abdo obtained the widely publicized settlement of departing member claims for Kristen Hall, the founding member of superstar country act Sugarland.
Lommen Abdo was recently involved in the post-conviction hearing concerning Koua Fong Lee. Kay Hunt, Bryan Feldhaus, Diane Odeen and Nick Dolejsi provided legal strategy, issue analysis and briefing support to Brent Schafer and Bob Hilliard, Lee’s lead counsel, in petitioning the Ramsey County District...
876 Bondholders, represented by Lommen Abdo, won another victory in their claims against the St. Paul Port Authority. By Order filed June 18, 2010, Ramsey County District Court Judge TeresaWarner vacated court orders issued in 2002 and 2004 that purported to approve many actions taken by the Port Authority...
The House and Senate passed a package of tax cuts that legislators call the "jobs" bill, and it was signed into law on April 1, 2010. This is great news for the entrepreneurial community and will help reignite Minnesota's culture of innovation.
The Minnesota Supreme Court has vindicated the 876 Bondholders' position that courts do not have jurisdiction to alter, amend or deviate from the revenue bond contracts the St. Paul Port Authority entered into with the 876 Bondholders. This is good news for the holders and issuers of all bonds in Minnesota....
Taxpayers who own limited partnership and member interests recently prevailed in two court decisions regarding the tax characterization of their investment.
Liability Policy Limits: Do You Know Your Limits?
Do you know what your liability policy limits are on your automobile insurance policy? Most of us just look at the price tag of automobile insurance premiums and give little thought to how much financial protection you are actually affording yourself and your...
The recently enacted “American Recovery and Reinvestment Act of 2009” — or more commonly known as the 2009 economic stimulus act — is intended to jump start an economic recovery. It provides a wide range of financial programs aimed at immediate impact to workers and the U.S. economy.
A guide for the National Vaccine Injury Compensation Program has been distributed to family practitioners, pediatricians and other medical providers in Minnesota and Wisconsin who frequently administer vaccines. The brochure provides details on the NVICP, what healthcare providers need to know about the NVICP,...
“I need a will” is a phrase attorneys and financial advisors hear frequently from clients. It is common belief that a will somehow puts everything in order...
About five thousand cases have been filed with the NVICP on behalf of children with neurodevelopmental disorders such as PDDNOS or Autism; these cases allege that the children were injured through exposure to Thimerosal contained in childhood vaccines.
Lommen Abdo Attorneys Barry O'Neil and Ken Abdo represent Kristen Hall, a founder of the band Sugarland, in litigation against her former band members for a share of profits relating to assets she created for the band. The case was filed in July with the U.S. District Court in Atlanta.
For more information,...
The Minnesota State Supreme Court has ruled that, in a failure to diagnosis cancer case, the statute of limitations begins at the point when...
Effective August 1, 2008, Minnesota law will allow a policyholder to sue his or her insurance company for not settling a claim in “good faith,” meaning that the policyholder may prevail if he or she can prove that the insurance company did not have a reasonable basis for denying their claim.
The...
Vaccine administration is part of the everyday preventive health care provided to patients. Vaccines have eradicated once devastating diseases such as polio and small pox and have greatly reduced morbidity from other disease such as measles and rubella. In most cases, persons who receive a vaccine have little or no...
INTRODUCTION
Events of school violence and a school district's response to the risk of violence both raise liability issues. Not only does a school face the risk of a liability when a student is harmed, school districts and officials face the possibility of lawsuits stemming from the actions they have taken to prevent...
A number of websites tout that a parents can control their children's education by limiting what schools can teach by invoking a federal statute. These sources provide form letters so that parents can "assert their rights" under federal law and demand that their child not be involved in any school program or activity...
The Minnesota Court of Appeals issued its ruling today against cigarette manufacturers stating that federal laws do not preempt fraud claims brought under Minnesota law against tobacco companies that make and advertise 'light' or 'low tar' cigarettes in this state. Following a similar ruling by the First Circuit U.S
Counsel who practice in the area of professional liability are also watching another legal malpractice case pending before the Minnesota Supreme Court: Mahony & Hagberg, P.A. v. Newgard, 712 N.W.2d 215 (Minn. App.), review granted (June 20, 2006). The Mahoney case involves the broad immunity current or former employees of a...
Last summer, the United States Supreme Court issued its opinion in Burlington Northern & Santa Fe Railway Co. vs. White, 126 S.Ct. 2405 (2006). As a result, it became easier for Minnesota employees to prevail on claims of retaliation against their employers.
Retaliation claims differ from discrimination claims in a number...
APAC v. Ardmor was heard before the Minnesota Supreme Court on October 11, 2006. The hearing took place at Hutchinson High School as part of the Supreme Court's "Traveling Oral Arguments" program. The entire high school was in attendance, and the students were able to ask questions after the arguments – but not about...
Keith Broady and Phil Cole appeared in Ramsey County District Court on August 30th representing 75 bondholders owning $16.5 million in bonds issued by the Port Authority involving the 876 Common Bond Fund. There are outstanding bonds of about $51.6 million. Therefore, our bondholders hold over 30% of the principal amount of the outstanding...
Of the hundreds film festivals in the United States, the premiere film festival for the independent film industry is the Sundance Film Festival held each year in January in Park City, Utah. Sundance, now in its 25th year, has defined and directed independen
A School Violence can occur anywhere, every school must have a comprehensive safety plan in place as well as a crisis response plan which can be implemented instantly if needed. The recent one year anniversary of the school shootings in Red Lake on March 21, 2006 provided all educators with an excellent opportunity to consider whether...
Thimerosal vaccine litigation is alive, well and moving slowly forward to resolution. As you may be aware, under the Federal National Vaccine Compensation Program ("Program"), persons who have sustained an injury because of the receipt of certain vaccines can seek compensation for their injuries. The program, initiated in 1986, is...
Churches and religious schools can be faced with the issue as to whether they may fire or refuse to employ an individual based upon a person’s sexual orientation. Under Minnesota law, if the job itself is tied to the religious purpose of the organization, the courts will likely support a decision not to employ or to fire a such a person....
The Minnesota Legislature and Governor Tim Pawlenty have passed into law a new formula for determining child support payments -- and the changes could affect your family.
Instead of considering only the income of the child support payer, the new formula factors in the incomes of both parents. Until the bill’s passage, Minnesota was one...
I frequently field phone calls from employees who are concerned about information in their personnel files, and what information their former employer may give to potential employers. The answers to their questions are usually governed by statute in Minnesota and Wisconsin. The following is an overview of the law governing access to personnel records,...
Despite thousands of patients who are injured each year while receiving medical treatment, the last decade has seen an increase in attempted medical malpractice reform. Most notably, this reform includes legislative initiatives to cap the amount of non-economic damages patients can receive in a medical malpractice action.
From a creditor’s point of view there is nothing more unfair than a preference claim. The very thought of returning money to a debtor to whom you provided goods and/or services stands the concept of fairness on its head. However, effective October 17, 2005, the preference statutes may finally get a bit more fair for creditors.
The Bankruptcy Abuse...
In 1982, the Minnesota legislature passed laws governing the unique relationship between manufactured home park owners and residents. The legislature intended to make major changes in the existing laws governing the rights and duties of owners and residents of manufactured home parks.1 While considering the enactment of Chapter 327C, the legislature recognized...
Robert J. King, Jr.
Lommen, Nelson, Cole & Stageberg, P.A.
Since the 1968 Larsen1 decision of the Eighth Circuit Court of Appeals, it has been recognized across the country that manufacturers of safety equipment are responsible for injuries that would not have occurred but for the failure of that equipment. If a child’s car seat, for example, is defective...
The following article was published in the Sept/Oct 2004 edition of The Hennepin Lawyer.
James H. Kaster and Diane M. Odeen
August 27, 2004
...
On Juy 29, 2004, the Minnesota Supreme Court ruled that service of mechanics' lien statement by certified mail is effective upon mailing.
Minnesota Statute § 514.08 requires that a mechanics' lien statement be served by hand or certified mail within 120 days after the lien claimant's last contribution of labor or material to the project. g The statute, however,...
On March 22, 2004, Governor Pawlenty signed into law new legislation that provides increased legal protection for employers that communicate job reference information about current or former employees.
In April 2004 the United States Department of Labor (“DOL”) released its final “FairPay” overtime regulations guaranteeing overtime protection to workers earning less than $23,660 per year – or $455 per week. The new regulations become effective in late August, 120 days after publication in the Federal Register.
A Dakota County jury rendered a $383,628 verdict in favor of Manufactured Home Park Residents of Cedar Knolls in Apple Valley.
The Case of Schaff, et al. v. Chateau Communities, Inc., Dakota Court File No. 19-CX-03-6402, is a class action lawsuit brought on behalf of all of the residents of Cedar Knolls Manufactured Home Community in Apple Valley as of October 1, 1998, whose...
A National Vaccine Injury Compensation Program was established in 1986 after reports of harmful side effects from DPT (deptheria, pertussis, tetanus) vaccinations were perceived as posing “liability concerns” for vaccine manufacturers. Parents of injured children had filed numerous lawsuits against vaccine manufacturers and health care providers. It was perceived...
Sheila Bjorklund, a partner at Lommen Nelson, has obtained the first decision in the country on when the statute of limitations begins to run in cases alleging that childhood vaccines caused or triggered autism. In the landmark case of Setnes v. HHS, Judge Bohdan Futey, of the U.S. Court of Federal Claims, recognized that the onset of autism is insidious and may not become manifest...
Bashing Public Schools Says More About Bashers than Schools
By Keith Broady, Chair, Association of Metropolitan School Districts
It has become popular sport for a small cadre of persons to engage in bashing of public schools at any opportunity. The latest example is Ron Eibensteiner’s June 13, 2004 diatribe, full of vulgar and derogatory comments about Minneapolis...
What are the risks?
Business owners can ward off disruptive -- and sometimes destructive -- discord by using a comprehensive buy-sell agreement.1 A buy-sell agreement is a binding contract which requires one party to sell and another party to buy a specified ownership interest when a triggering event occurs. Triggering events can be the death, disability or withdrawal of an owner...
Over the past 10 years, there appears to have been an increase in the diagnosis of autism in children. In the same time period, children have been exposed to increased amounts of thimerosal, a perservative used in childhood vaccines. Thimerosal is a toxic organic mercury. The increased exposure to thimerosal has occurred, at least in part, due to the increase in the number of vaccinations...
With the cost of education continuing to rise at twice the rate of inflation, individuals are giving greater attention to the funding issues while Congress has continued to expand the tax incentives for various approaches to financing. In addition, a new Minnesota college savings plan, a compliment to plans currently available in over 40 states, focuses attention on the alternatives...
The tragedy of September 11, 2001 has raised a myriad of issues for businesses and employers. The following is a brief summary of the protection afforded to individuals who leave their employment for military service. The law contains very specific requirements that must be complied with by all employers. Employers should consult legal counsel before making any attempt to apply the law or any...
You realize that your hobby has the potential to become a profitable full-time business. Or, perhaps while mowing the lawn you have an epiphany that will revolutionize the widget industry. In either case, you consider starting your own business. You ask yourself, do I need to bother with the time and expense of creating a separate business entity; can’t I just "do business"? If...
Kenneth J. Abdo, Esq. [1] Professor Jack P. Sahl [2]
A. INTRODUCTION
Entertainment law is a highly competitive practice in which the lawyer often assumes non-traditional legal roles and responsibilities. Marketing, advertising, selling (shopping), packaging, networking and deal-making are common business activities for agents, managers and lawyers. As...
CLEARING RIGHTS FOR FILM AND TELEVISION
PRODUCTIONS
By Daniel M. Satorius, Esq.
Lommen, Abdo, Cole, King & Stageberg, P.A.
INTRODUCTION
WHAT IS THIS PROCESS OF CLEARING RIGHTS? Clearing rights in motion picture and television programs is the process of determining whether the production violates the rights of third parties or is otherwise in violation...
OTHER PEOPLE'S MONEY:
Financing the Low Budget Independent Feature Film
With Private Equity Securities Offerings
By Daniel M. Satorius, Esq.
Lommen, Abdo, Cole, King & Stageberg, P.A.
In recent years, low budget independent films have been made in record numbers. Most are financed from sources outside of the motion picture and television industry. Major studios and distributors spend...