Pay NowCameron Kelly presented on May 2nd to employees at Hutchinson Technology, Inc., a TDK Company, in Eau Claire, Wisconsin, during their Financial Wellness Week. He provided information on death and incapacity planning, probate, and basic estate planning documents such as wills, power of attorney, health care directive, and revocable living trusts.
To resolve disputes with its independent contractors, motor carriers frequently include broad mandatory arbitration clauses in their agreements with those contractors. Courts will usually compel arbitration under those agreements through application of the 1925 Federal Arbitration Act (FAA). From a motor carrier perspective, the benefit of an FAA based arbitration clause is swifter, less public, …
This article appeared on the Mitchell Hamline Law Review blog on February 17, 2019. SIRVA “Shoulder Injury Related to Vaccine Administration” is compensated through the National Vaccine Injury Compensation Program (VICP) which is administered through the United States Court of Federal Claims in Washington, DC. Through the VICP, persons who have been injured by vaccines …
On January 23, 2019, the Minnesota Supreme Court decided for the first time that the doctrine of implied primary assumption of risk does not apply to recreational downhill skiing or snowboarding. Soderberg v. Anderson, — N.W.2d — (Minn. Jan. 23, 2019). This means that skiers and snowboarders participating in the activity in Minnesota can be …
Josh Feneis understands that going through the court process is a stressful time in a client’s life and that an experienced litigator can ease that stress in two ways: 1) by providing clear information and recommendations about the options available and 2) by working effectively to obtain the best results possible for that particular client. …
Bryan Feldhaus is a panelist at an ABA webinar on February 12, 2019, “Protecting My Client’s Clients: Confidentiality and Privilege Issues in Legal Malpractice Cases.” Overview: Lawyers and law firm defendants are unique. For example, the defendant-lawyer is not released from Rule of Professional Conduct 1.6’s mandate to maintain client confidences belonging to clients other …
They focused on client successes (not their own). They helped our clients accomplish goals. And, in the end, they gave our clients peace of mind. While Lauren Nuffort, Cameron Kelly and Jesse Beier may have different practices, they share a philosophy of the “client comes first” and thrive on solving legal challenges. Lommen Abdo is …
For most people, the term “estate” conjures visions of stately mansions, fountains, private jets, and other luxuries associated with the superrich. However, if you own anything when you die, you have an estate. Your estate includes personal property, real estate, bank accounts, retirement accounts, life insurance, and business interests. Putting a basic estate plan in place …
Cameron Kelly spoke on February 6, 2019 at an NBI webcast, Estate Planning from A to Z. Cameron presented on “Trusts 101.” Overview Are you ready to grow your own successful estate planning practice or looking for a practical refresher? This guide will become your go-to guide. From client intake through will, trust …
Mike Moline spoke at a seminar, Legal Roles in Construction Law, on January 10, 2019 which was presented by the Construction Law Section of the Minnesota State Bar Association. Overview: It is fascinating to watch a building go up, but the physical piece is only the tip of the iceberg. Lawyers fill a myriad of roles in …
Business owners are busy. Starting, running, and growing a business takes time, and normally carries the business owner well outside of the bounds of a normal nine to five business day. It should, therefore, come as no surprise that most business owners have no succession plan. What is a business succession plan? Business succession planning …
Federal Estate and Gift Tax Exemption: The IRS announced the official estate and gift tax limits for 2019 late in November of 2018. The federal estate/gift tax exemptions for an individual increases to $11.4 million, up from $11.18 million in 2018. This means an individual can gift or leave up to $11.4 million dollars to …
John Crawford and Lauren Nuffort co-authored an article in the October 2018 For the Defense magazine by DRI, the Voice of the Defense Bar. The article also appeared in the Winter 2019 Minnesota Defense. Plaintiffs in personal injury actions often claim they will need future radiofrequency neurotomy (RFN) treatments indefinitely to obtain relief from chronic …
Marc Johannsen has been elected president of Lommen Abdo. Marc has been with the firm since 1991 and practices in the area of family law. Newly elected members of the board include Kathleen Loucks, Mike Glover and Keith Broady. Barry O’Neil and Bryan Feldhaus were each re-elected for a second term. Here’s a snippet about …
Five Lommen Abdo attorneys have been included in the list of 2019 Best Lawyers in America: Bob Abdo, corporate; Kay Nord Hunt, appellate and Bet-the-Company litigation; Barry O’Neil, real estate litigation and professional liability defense; Roger Stageberg, corporate; and Phil Cole, legal malpractice defense and personal injury litigation defense. Phil Cole was named the 2019 …
Phil Cole has once again been named the Best Lawyers’ Lawyer of the Year for Legal Malpractice Law-Defendants in Minneapolis. He has garnered that award in 2011, 2014 and 2019 in his 50 years of practice. Phil also recently became a fellow of the American Bar Foundation. Phil has been the mentor of two other 2019 …
Think about the most important decisions you may have to make regarding your family. How do you want to invest your hard-earned income? Do you want to return to school to pursue a graduate degree, or would it be better for your family if one parent was more available to care for young children? Which …
Minnesota income taxes are currently among the highest in the nation, which is why many of our estate planning clients prefer to create trusts that will be taxed in other states. Many of these other states, such as South Dakota, have no income taxation, and favorable laws relating to trusts. Minnesota income tax generally applies …
Lommen Abdo is joining other Twin Cities area law firms in the fight to end hunger through Second Harvest Heartland’s first annual Overrule Hunger competition! Through September 21st, lawyers, their staffs, vendors, clients and other connections will compete to support Second Harvest Heartland and the 1 in 8 children in Minnesota who are hungry. Donations …
Lommen Abdo has added paralegal Melissa Olness as part of Lommen Abdo’s continued growth in the area of Estate Planning. Melissa comes to the firm with extensive experience assisting clients with estate planning, probate, trust administration, trust disputes and litigation, guardianship and conservatorship, and business matters. She especially enjoys the client relationships built through supporting …
Lauren Nuffort was the joint recipient of the 2018 Minnesota Defense Lawyer’s Association (MDLA) President’s Award. Each year at the Association’s annual meeting, the MDLA President has the privilege of bestowing upon a member the President’s Award to recognize his or her extraordinary contribution to the Association and in appreciation of his or her exemplary …
Our estate planning clients own many different types of property: their home, cabin, personal property, savings, small businesses, and investment assets. They may use a Realtor to purchase real estate, or a personal banker for a loan. However, the role of those professionals is limited, often to a single transaction. Financial advisors are in the …
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 an independent contractor agreement was determined to be an employee or an independent contractor. Judge …
A recent U.S. Supreme Court ruling assures that Minnesota’s revocation-on-divorce statute will operate to revoke all pre-divorce beneficiary designations to the ex-spouse, even on insurance policies entered into before the enactment of the Uniform Probate Code (UPC). Minnesota adopted the UPC in 2002 which directed that beneficiary designations from life insurance policies and other similar …
Let’s face it, our industry has been slow to adapt in the technology revolution we find ourselves in today. We operate in a capital-intensive, low-margin, fragmented industry, with a low barrier to entrance. Large and small carriers have been able to co-exist through competitive pricing and quality service as varying levels of technology have been …
Owners pour endless amounts of time and resources into growing their businesses. But, just like children, growing companies develop different needs as they expand. Sometimes it’s hard to see what a growing company may need to foster continued success. Conducting a business audit can help identify areas to target for improvement in a company’s operation, …
I spend a lot of time talking to clients about property, but at its core estate planning is about family. Clients want to ensure that their family will be taken care of. For parents of young children, the most important family decision is the selection of a guardian. A guardian is someone appointed by a …
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 superior service to scouting and to the broader community. Marc has …
Cameron Kelly recently completed his LL.M. Degree in Estate Planning, graduating with honors from the John Marshall Law School. His coursework focused on the taxation of estates, protecting estate assets, and business succession planning. Cameron’s degree will allow him to engage in complex estate planning, guiding clients to efficient tax solutions. That includes minimizing or …
On May 21, 2018, Minnesota Occupational Safety and Health Administration (“MNOSHA”) adopted the federal Occupational Safety and Health Administration’s (“OSHA”) regulation requiring employers in certain industries with 20 or more employees to electronically submit their OSHA Form 300A injury and illness records through OSHA’s Injury Tracking Application portal (“ITA”). Work-related injury and illness data from …
Wisconsin families are now able to sign up for a one-time $100-per-child tax rebate, set to correspond with a back-to-school sales tax holiday. Legislation signed by Governor Walker in April created a tax rebate for Wisconsin sales and use tax paid on purchases made for raising a qualified child in 2017, so long as certain …
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 was established for monetary compensation petitions to be brought by or on behalf of those injured or killed through …
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 beginning work. The Court declared that North Dakota’s licensing statute, N.D.C.C. § 43-07-02, precludes a …
Electronic Logging Devices (“ELD”) are now required for drivers of many commercial motor vehicles (“CMV”) in the United States. ELDs are the electronic equivalent of a paper log used to record a driver’s working and driving time. The new mandate will result in hundreds of thousands of new internet connected devices and opens another opportunity …
Lommen Abdo was voted as one of the finalists in the “2018 Best Law Firms of the St. Croix Valley”! Thanks for your vote. What was it about the Lommen Abdo Law Firm you really like? Our business practice? Our family law practice? Our trial and appellate lawyers? Our wills, trust and probate practice? Our …
The Star Tribune reported late last year on a settlement by Fairview Health Services and the Minnesota Department of Human Rights over Fairview’s denial of an American Sign Language interpreter for a deaf man whose daughter was undergoing medical treatment. Under the settlement, Fairview must improve training for all hospital staff. Minnesota Commissioner of Human …
Can the state of Minnesota tax your trust? Trial court allows employment type claims to proceed based on actions of independent contractor. Have you met Lommen Abdo’s new president and board members? Lommen Abdo generations carry on tradition of legal malpractice expertise. What is a property damage insurance appraisal? Read the Third Quarter 2018 newsletter.
When people think about estate planning, the estate tax is one of the first things that comes to mind. The Tax Cuts and Jobs Act signed into law by President Trump on December 22, 2017 brought significant changes to the transfer of wealth, including increasing the federal estate, gift, and generation-skipping transfer (GST) tax exemption …
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. First, the TCJA made a major change affecting alimony (also known as maintenance). Based …
A deep look into the new Tax Act reveals a significant change in existing law regarding the deductibility of confidential sexual harassment settlement payments and attorney’s fees. Previously, settlement payments (for defendants) and the attorney’s fees necessary to achieve such settlements (possibly for both parties) were deductible for federal income tax purposes. No more. The …
I recently worked with a client after his spouse passed away. Their revocable living trust had been drafted in 2000 by a competent attorney. At that time, the federal estate tax exemption was $675,000. The estate tax exemption is the amount of money that a person can pass at their death without paying tax. In …
The Minnesota Rules of Professional Conduct now require a lawyer to maintain technological literacy in legal practice. Such technological literacy is critical because lawyers are attractive, and increasingly frequent, targets of cyber criminals. To develop technological literacy, a lawyer is required to know, understand, and assess the benefits and burdens of utilizing legal technology in …
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 semi-synthetic opioids when they undergo administered drug tests. (DOT-regulated employers include those regulated by the Federal Motor Carrier …
For businesses involved in the interstate transportation of goods by truck, December 2017 brings an important change – into the electronic age – as to how drivers must keep track of their working hours. For many decades the federal government limited the number hours a day a driver could be behind the wheel of a large …
Estate planning may not be at the top of most people’s minds during the holidays. But it is important to check things twice before moving on to 2018 New Year’s resolutions. For many of us, this includes updating our estate plans, figuring out what’s happening with taxes, determining whether to take a distribution from your …
From comprehensive tax reform making its way through congress, to the changes to the Minnesota estate tax, it has been an eventful year for estate planning. While tax changes are not the most exciting topic for many of our clients, it is a topic that continues to be important to their families and businesses. As …
Most of our clients have at least a portion of their savings in IRAs. Those that do not often have savings in a 401k, which will likely be converted to an IRA upon retirement. Both 401k and IRA plans allow a person to put money away tax free. However, when money is withdrawn from the …
There have been significant well publicized estate planning legislative updates in 2017, including the increase in the Minnesota estate tax exemption amount and the proposed repeal of the federal exemption. Two lesser-known changes impact one of Minnesota’s most popular segments – snowbirds. “Snowbird” technically refers to people who live in northern states, but move south …
As the end of the year approaches and with the holiday season in full swing, estate planning isn’t typically at the top of most people’s wish lists. Nevertheless, it is important not to move on to 2018 new year’s resolutions without tying up the loose ends from the previous 12 months. For many of us, …
Employers have until December 15, 2017 to submit their 2016 injury and illness data electronically to the federal OSHA agency. Minnesota’s OSHA-approved State Plan (“MNOSHA”) however, has not adopted federal OSHA’s new requirement that certain employers submit their injury and illness reports electronically.[1] MNOSHA may adopt federal OSHA’s new rule but it likely won’t happen …
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 structure was defectively designed. This decision spotlights a significant barrier parties aggrieved by …
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 Q&A by ReelLawyers.com.
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 ReelLawyers.com.
How can I avoid probate? [Transcript] What is a “Revocable Trust”? [Transcript] How do you protect assets in a second marriage or blended family? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.
By Stacey A. DeKalb, Chair of Lommen Abdo’s Employment Practice Group Recent sexual harassment headlines should be a reminder to employers of their need to be proactive in preventing, as well as appropriately responding to, workplace harassment claims. Employers face significant financial exposure from unlawful harassment litigation as well as a demoralized workforce. Lommen Abdo …
Lommen Abdo Attorney Michael Glover offered an update on logging issues, enforcement and the ELD (Electronic Logging Device) mandate at the 2017 Risk Management Summit in the Federal Hours of Service breakout session on October 17, 2017. Co-presenters were Elmer Johnson, Retired DOT NHP; Maureen Levy Pool, Director of Human Resource & Risk Management, SJ …
SEPTEMBER 2017 UPDATE: Looking Good, Richfield! Minnesota Court of Appeals Affirms Lower Court’s Temporary Ban on Enforcement for Employers Located Outside the City of Minneapolis As we wrote about a few months ago, Minneapolis’s controversial Sick and Safe Time Ordinance wound its way through a second Minnesota court late this summer. The Minnesota Court of …
Minnesota law regarding limited liability companies changes on January 1, 2018. On that date almost every limited liability company (LLC) formed in Minnesota under its “old” 1992 law will now fall under a new – much different – 2014 LLC law. The new law differs from the old in many ways, including providing far fewer default …
Lommen Abdo litigator John Crawford is the editor of the Minnesota Insurance Law Deskbook that was updated this year with its publisher, Minnesota Continuing Legal Education. John and Kay Nord Hunt also updated Chapter 15, Select Commercial General Liability Policy Exclusions, and Chapter 16, Automobile Liability Coverage. Topics within the Commercial Liability Policy Exclusions section …
As a price conscious homeowner, I am all for do-it-yourself projects to save a few dollars here and there. I often bite off more than I can chew, like the time I thought I could handle rerouting the plumbing in a bathroom. Predictably, this resulted in a flooded bathroom, water damage, and an emergency phone …
Michelle Kuhl has joined Lommen Abdo as a litigation associate, where she will work on a wide variety of cases including professional liability, commercial litigation and transportation-related litigation. She will also continue her emphasis on appeals. Michelle clerked at the Minnesota Supreme Court this past year (2016-2017), where she worked closely with the appellate judges on …
By Stacey A. DeKalb, Chair of Lommen Abdo’s Employment Practice Group The Minnesota Supreme Court has expanded the rights of whistleblowers under the Minnesota Whistleblower Act by removing the requirement that a reporting employee act with the purpose of exposing an illegality. Pursuant to the Supreme Court’s new case, Friedlander v. Edwards Lifesciences LLC., whistleblowers are …
The ability to make the complex simple and clearly understood is a valuable trait for a litigator. That ability is one of the reasons why Kay Nord Hunt has been selected as Best Lawyers® 2018 Minneapolis “Lawyer of the Year” for her appellate practice and why Barry O’Neil has been added to the 2018 list of Best …
Townhome, condominium, and other homeowner associations are typically part of what is called a common interest community, or CIC. An association may be organized in the form of a profit, nonprofit, or cooperative organization, but CICs are generally controlled by the Minnesota Common Interest Ownership Act (“MCIOA”), Chapter 515B of Minnesota Statutes, and the association’s …
Way back “in the day” — 1992 — the Minnesota Legislature rolled the dice, betting on the long-term success of a limited liability company statute modeled on Minnesota’s existing corporation statute with a few flexible “partnership” type features. The statute worked well, for a time, much like Sony’s Betamax videotape. Unfortunately, most of the rest …
Beginning January 1, 2018, all limited liability companies (“LLCs”) formed in Minnesota before August 1, 2015 under Chapter 322B will become subject to a new LLC law passed by the 2015 Minnesota Legislature, Chapter 322C. What’s the difference between the new law and the old one? There are significant differences between Chapter 322C and the …
Lommen Abdo attorneys are recognized by their peers in the 2017 Minnesota Super Lawyer lists. Congratulations to Keith Broady, Phil Cole, Stacey DeKalb, Kay Nord Hunt, Reid Lindquist, Mike Moline, Barry O’Neil and Roger Stageberg and to our 2017 Rising Stars: Bryan Feldhaus and Cameron Kelly. RECOGNIZED BY PEERS . . . REWARDED BY CLIENT …
Today’s tech tools, including mobile devices, cloud computing and social media, punctuate a new era of legal service. With these tools lawyers are able to better serve clients through increased efficiency and responsiveness. But technology has also introduced new risks to legal practice. Law firms, like other businesses, are increasingly at risk for data incidents …
Statistics continue to show that costly discrimination and retaliation claims are on the rise. The circumstances surrounding many of such claims suggests that the actions, or inactions, of managers and supervisors can have a huge impact on whether or not a company ends up in litigation. Employers should take time to educate supervisors and managers …
Governor Dayton has signed the 2017 tax bill which will increase the Minnesota estate tax exemption from its current level of $1.8 million to $2.1 million for individuals dying in 2017. The legislation also adjusts the estate tax exemption in subsequent years; increasing the exemption by $300,000 per year until 2020 at which point the …
Federal Judge Patrick Schiltz completely vindicated Lommen Abdo’s client, Frana Companies, in a decision filed in March 2017.* Keith Broady was the lead defense attorney for Frana, a general contractor, in a case that spanned over three and half years, including nine trial days. The plaintiffs were trustees of union pension, health and welfare and …
Lommen Abdo started off 2017 with three great courtroom victories for its clients in Minnesota state and federal courts. The first was a jury trial verdict in Hennepin County in a long-pending professional liability matter relating to a mechanic’s lien. Phil Cole, with the assistance of Lauren Nuffort, tried the case after it had returned …
Cameron Kelly, a Stillwater attorney practicing in the areas of estate planning, business law and real estate, joined Lommen Abdo May 15th. Cameron is a certified real estate specialist and is on the 2017 list of Minnesota Rising Stars as published by Super Lawyers. He focuses his practice in the areas of estate and business …
The National Board of Trial Advocacy (NBTA) is pleased to announce that John Crawford of the Lommen Abdo Law Firm has successfully achieved recertification as a civil trial advocate. Mr. Crawford has been a NBTA member is good standing for since April of 1997. The NBTA was formed out of a strong conviction that both …
Cameron Kelly, an estate planning and corporate attorney, joined Lommen Abdo this month. Cameron Kelly enjoys providing high quality planning for individuals and businesses. His practice includes assisting clients with comprehensive estate planning, including wills, trusts, powers of attorney, health care directives, and living wills. He also has a special interest in the estate, gift, …
The National Childhood Vaccine Injury Act of 1986 established the National Vaccine Injury Compensation Program after lawsuits against manufacturers threatened to cause vaccine shortages. See 42 U.S.C. §§ 300aa-1 to -34. In an effort to maintain a supply of vaccines, as well as develop new ones, this unique program was created. The Vaccine Act, effective …
You check your mailbox. No mail. Seems strange. The next day you receive calls from credit card companies checking on your applications. Next you receive letters from credit card companies. No applications were made by you. You wonder if this is a phishing expedition or scam. You return the call. A credit card was applied …
As divorce rates rise and society becomes increasingly litigious, asset protection has become an increasingly important aspect of estate planning. While most people understand the more common estate planning goals such as probate avoidance and limiting estate tax exposure, did you know that a carefully tailored estate plan can also provide asset protection for your …
Divorce is a difficult process, no matter how amicable the split. Between property division, potential custody disputes, and escalating legal bills, no one wants to think about more legal hoops to jump through. While updating your estate plan during a divorce may be the last thing on your mind, a failure to do so could …
The Minnesota Supreme Court has held that an employee’s complaint to human resources, and his employer’s investigation, constituted a “voluntary dispute resolution process,” thus suspending the Minnesota Human Rights Act’s (MHRA) one year statute of limitations period. As a result, the employee’s lawsuit filed more than one year after the alleged discriminatory act was not …
After a person dies, there can be many disagreements among the heirs and beneficiaries over the Will or Trust of a decedent. Two of the most common issues raised are: 1) whether the decedent had “testamentary capacity” when they signed a document; and 2) whether they were acting of their own free will or under …
Attorney John Crawford has joined Lommen Abdo, bringing additional experience to the firm’s litigation practices and transportation law practice. John has represented clients in cases involving insurance coverage, personal injuries, wrongful death, traumatic brain injuries, premise liability, property damage, punitive damages, and bad-faith claims for over 30 years. A significant portion of his practice is …
Contrary to popular belief, not only Warren Buffet and Mark Zuckerberg require estate plans. If you own anything when you die, you have an estate. Your estate includes personal property, real estate, retirement accounts, life insurance, and business interests. Putting a basic estate plan in place can help ease the administrative burden of your death on …
Lommen Abdo has been selected as the Professional Liability Litigation Law Firm of the Year – Minnesota, US (2017) by The Lawyer International. Lommen Abdo’s professional liability team has been handling the most serious and complex claims professionals face for over 75 years. We defend attorneys, trustees, CPAs and law firms in claims involving negligence, …
In an increasingly digital age, more and more of our most valuable assets are taking on digital forms. While most people are familiar with basic wills and trusts as management tools for bequests of tangible personal property, our digital assets are often overlooked in the context estate planning. Digital assets can account for a significant …
Do you have a child who is addicted to drugs or alcohol? Do you struggle with the thought of what will happen to your child after you pass away? The last thing you want to do is to provide your drug addicted child with a blank check inheritance. This could lead to disastrous results, including …
Lauren Nuffort, a litigator, and Jesse Beier, an estate planning and corporate attorney, joined Lommen Abdo as associates in January of 2017, bringing new perspectives and increasing the firm’s depth of talent. Scroll down to read more about Lauren and Jesse, who are pictured here with Lommen Abdo President Keith Broady. Jesse Beier Jesse …
The Occupational Safety and Health Administration (OSHA) has placed new reporting requirements on employers in certain industries pursuant to its final ruling to revise the Recording and Reporting Occupational Injuries and Illnesses regulation. The new regulations took effect August 1 of this year, however, employers have until November 1, 2016 to prepare for enforcement of …
Did you know that for vaccine injuries, while you need a lawyer who is admitted to the U.S. Court of Federal Claims and a member of the Vaccine Bar, your lawyer does not need to be admitted in the same state where the injury occurred. This means that Lommen Abdo can represent you for your …
The Eighth Circuit Court of Appeals (covering Minnesota, North Dakota, South Dakota, Iowa, Missouri, Kansas, and Nebraska) recently reaffirmed that the United States Department of Transportation (DOT) — not the Department of Labor (DOL) — has jurisdiction to control the qualifications and maximum hours of service for certain employees of interstate motor carriers. Williams v. Central …
On September 23, 2016 the Minneapolis City Council passed a number of amendments to the Minneapolis Sick and Safe Time Leave Ordinance which takes effect July 1, 2017. City staff is currently working on a FAQ document, with release scheduled for October, and the Ordinance contemplates rule-making which has not yet occurred. The amendments adopted …
Lommen Abdo Attorney Jamie Johnson is one of the local celebrities in the 2016 Dancing with the Hudson Stars fun-draising event on September 17th! Jamie says I was “recruited” to be a contestant in the fundraising event. While skeptical at first, I am having a blast learning the dance moves and I expect the whole …
Five Lommen Abdo attorneys are listed among the 2017 Best Lawyers. The list is compiled each year by The Best Lawyers in America. The attorneys are: Phil Cole, listed in both legal malpractice law and personal injury litigation; Roger Stageberg, corporate; Kay Nord Hunt, appellate law; Ken Abdo, entertainment; and Bob Abdo (corporate). Best Lawyers …
It seems to be a common theme. Adult child lives with parent. Maybe this is for financial reasons, or perhaps the child is acting as caretaker. Parent wants child to have the home at the time of the parent’s death. If the proper planning isn’t done, however, it’s very unlikely that the transition of the …
Following on the heels of several other cities, the City of Minneapolis jumped on the ever lengthening train of municipalities mandating paid time off for almost every employee working within the city limits. The ordinance, effective July 1, 2017, requires all but the smallest employers to provide employees with paid time off, in proportion to …
July, 2016 Keith Broady has been re-elected to a two-year term as President of the Lommen Abdo Law Firm, a trial, business and entertainment law firm with offices in Minneapolis; Hudson, Wisconsin; and New York City. Bob Abdo, Bryan Feldhaus, Brent Johnson and Barry O’Neil were each elected to a two-year term on the firm’s …
If you’re remarried, you may face some interesting planning considerations when it comes to completing your estate plan. The planning for blended families can be quite different from the planning you did in your first marriage as there is now yours, mine and ours. The key to successful planning is open communication and a full …
Twelve Lommen Abdo lawyers are listed on the 2016 Super Lawyers list and one attorney is listed on the 2016 Rising Stars list, as determined by Minnesota Super Lawyers. Kay Nord Hunt, chair of our Appellate Section, is listed in both the Top 100 Super Lawyers and the Top 50 Women Super Lawyers. The list …
Join Aging But DANGEROUS and Lommen Abdo Law Firm at Urban Growler Brewing on August 4, 2016. Attorneys Marc Johannsen and Kay Nord Hunt will address these topics: What issues arise when a long-term marriage ends? Trends in Minnesota with regard to spousal maintenance. How do I protect myself and my assets in a second …
A company’s trade secrets are valuable business assets and protecting such trade secrets should be important to every company. The recent passage of the Defend Trade Secrets Act (“DTSA”) now creates a federal civil right of action for trade secrets misappropriation. A trade secret is generally defined as “information that derives economic value from being …
Many of us consider our pets to be part of our family. This means we worry about who will care for them in the event of our deaths, but more importantly, how do we make sure there’s enough money set aside for this purpose? Minnesota, last but not least, has finally joined the ranks of …
The United States has the safest, most effective vaccine supply in history, according to the Department of Health and Human Resources. In the majority of cases, vaccines causes no side effects. However side effects can occur, as with any medication. Very rarely, people experience more serious side effects, like allergic reactions. In those instances, the …
On Friday May 27, 2016, the Minneapolis City Council unanimously approved a new Ordinance requiring paid sick and safe time for workers within the geographic boundaries of Minneapolis who work at least eighty (80) hours in a year for that employer. The new law becomes effective July 1, 2017. Employers with six (6) or more …
At common law, a personal injury action abates with the death of either party. The Supreme Court in Johnson v. Consolidated Frieghtways, Inc.discussed the rationale behind the common law: The old non-survival rule sprang from the medieval view of torts as a form of revenge, incapable of being continued on behalf of either victim or wrongdoer. Read …
Attorneys Michael Glover and Jason Engkjer have joined Lommen Abdo, bringing additional strength to the firm’s business and litigation practices and expanding its transportation law practice. After over 25 years representing motor carriers, freight forwarders, shippers, logistics providers and businesses, Michael Glover has moved his practice back to downtown Minneapolis to offer greater business services …
UPDATE: On May 18, 2016, the Department of Labor issued the long-anticipated final overtime rule. The rule includes an exempt employee minimum salary threshold of $47,476 ($913 per week) — less than the proposed rule’s $50,440 but slightly more than double the old threshold of $23,660. The new rules will allow non-discretionary bonuses, incentive payments and commissions to …
Phil Cole was named “Professional Liability Litigation Attorney of the Year – Minnesota, USA” by M&A Today in their Global Awards – 2016 Edition. The M&A Today Awards strive to be the World’s most coveted and complete awards programs, taking votes from over 163 countries globally. The awards recognize dedication to excellence on a global …
In Travelers Indemnity Company of American v. Portal Healthcare Solutions, LLC, Appeal No. 14-1944 (4th Cir. Apr. 11, 2016), the Fourth Circuit Court of Appeals held that Travelers must defend Portal Healthcare, a medical records company, against a class action lawsuit under a personal and advertising injury coverage provision in a Traveler’s commercial general liability …
Each year FINRA (Financial Industry Regulatory Authority) issues its Regulatory and Examination Priorities Letter, which identifies FINRA’s regulatory priorities for the upcoming year. For example, in 2015, FINRA identified five priorities that it intended to focus on, which included standards of ethical behavior, supervisory and risk management systems, and the management of conflicts of interest. See FINRA, …
In 2015, Minnesota adopted the new Uniform Voidable Transactions Act, which was recommended by the National Conference of Commissioners on Uniform State Laws. The new law replaces the Uniform Fraudulent Transfers Act, which dates back to 1987. Before 1987, the Uniform Fraudulent Conveyances Act was the law in Minnesota. The history of laws on fraudulent …
Introduction Almost three years ago, we authored an article that discussed how recent Minnesota tax law changes, coupled with several Minnesota Tax Court decisions favoring an expansive definition of “resident” for income tax purposes, might force some individuals to sever their ties with the State entirely rather than risk being defined as a resident and, …
Check out what is happening in the news relating to the firm and our clients. April 24, 2018 For the second time in a year, Lauren Nuffort volunteered as a mentor alongside 30 other Minnesota business women at the Girls Going Places® Entrepreneurship Conference presented by Foster Klima and James J. Hill Center. The …
August 17/18, 2018 Lauren Nuffort presented at the 2018 Trial Techniques Seminar in Duluth from August 16 to 18. She spoke with Danielle Parry from Minnesota Lawyers Mutual Insurance and their session was titled “Attention Zealous Advocates: Don’t Forget Your Shield – Protecting Your Practice and Avoiding Traps in Legal Ethics and Malpractice Claims.” June …
Lauren Nuffort and Jessica Allen authored an article for the Spring/Summer 2016 Subrogator® Magazine, “Assembling Your Team: Managing Today’s Fire Investigation,” (page 40). Article summary: Fire subrogation cases can be won or lost depending on what the subrogated carrier does (or does not do) in the days immediately following a loss. This article discusses …
Lommen Abdo Employment Training Services for Employers Stacey A. DeKalb, Chair of the Lommen Abdo Employment Law Practice, conducts employment training programs for our business clients. Some of the most popular sessions are those geared towards supervisory employees, who act on behalf of the employer, as well as have responsibility for responding to the actions …
Grandma, bless her soul, was a generous lady. She wanted to name each grandchild in her will so that they would know how special each of them was to her. So, one day she decides to create her will with an on-line program. Keeping things simple, her will stated: All tangible personal property to granddaughter …
How can I reduce the risk of litigation in real estate transactions from the buyers perspective? [Transcript] Why would clients who are having problems with insurance companies come to you? [Transcript] As a client, why use a branch office firm that has offices in Minneapolis and Hudson? [Transcript] View all of the videos from this …
Lommen Abdo lawyers Kay Nord Hunt and Michael Moline recently won a real estate boundary dispute case that provides new precedent for analyzing trespass damages related to encroaching buildings. The Minnesota Court of Appeals clarified the relief available for trespass and upheld an award to Lommen Abdo’s client totaling more than $1.2 million, including $400,000 …
February…the month of love. It got me thinking about marriage. So I hopped onto Urban Dictionary* to see how others define it. Among the traditional definitions, I found a few gems. One said marriage is “the number one cause of divorce.” Another one states marriage is “the most successful wealth transfer scheme ever invented.” Funny …
Are you required to take minimum distributions from your IRA but you don’t want or need the additional taxable income? Are you charitably inclined? On a temporary basis since 2006, IRA owners have had the ability to exclude up to $100,000 from gross income for distributions paid directly from their IRAs to a qualified charity. …
Kathleen Loucks and Mike Moline have become shareholders of Lommen Abdo, P.A. effective January 1, 2016. Kathleen Loucks is a litigator who focuses on business and construction defect litigation, as well as medical malpractice and insurance coverage disputes. In her 15-year career, Kathleen has championed individuals and businesses in state and federal courts throughout the …
For a client using transportation services, what are a few important items to consider? [Transcript] What is the best way to work with, or push back against, government regulators or investigators? [Transcript] How can you best avoid employment discrimination claims? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.
What type of litigation matters do you normally handle for your transportation clients? [Transcript] Describe the importance of thoughtful business organization and documents. [Transcript] When should a client consider settlement as an option? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.
Minnesota Lawyer included a recent Lommen Abdo case in an article titled, “Notable Verdicts: organ transplants gone wrong, botched surgeries, bad priests.” The plaintiff underwent a pancreas transplant at the University of Minnesota and within the year was dead from a rare form of cancer. Investigation revealed that the same disease had killed the organ donor. …
John Crawford co-authored an article in the December 2015 For the Defense magazine. “Since the explosion onto the scene after the 2009 publication of David Ball and Don C. Keenan’s book Reptile: The 2009 Manual of the Plaintiff’s Revolution, the “reptile theory” has frustrated and annoyed defendants and their attorneys. And if Ball and Keenan’s devotees are …
Did you know having a well thought out estate plan can help build a solid foundation for your health? Especially if you’re 50 or older – there are guidelines to follow if you want to maintain a healthy lifestyle. Let’s take a look at a few of them…and the sooner the better. Get lots of …
Lauren Nuffort, Rachel Holthaus, Paul Shapiro and Peter Stiteler drafted an article for the Winter 2015 edition of Minnesota Defense, “Paying it Forward: Approaching Mentorship as a New Lawyer.” Article summary: Whenever established lawyers — whether private practitioners, academics or judges — are asked about their formative experiences as young lawyers, many of them …
Lauren Nuffort and Jessica Allen authored an article which appeared in the Winter 2015 Subrogator® Magazine (Page 42). Article summary: What happens to the costs and expenses associated with conforming a damaged building to current building and safety code requirements? Can the subrogating party recover the cost of those code-required repairs? This article addresses the positions …
A Hennepin County jury recently found the University of Minnesota Physicians and Dr. Ty Dunn negligent in accepting a pancreas for transplantation where the cause of the donor’s death was unclear. The case was tried by Kathleen Loucks of Lommen Abdo and Edward Milstein of Dankner, Milstein & Ruffo for the plaintiff. The jury awarded …
Keith Broady spoke on August 26, 2015 for the national webinar presented by The Knowledge Group on Successor Liability: What you Need to Know. Issues relating to whether one company or individual can be held liable for the debts of another company are frequently encountered by businesses. There is a presumption of corporate separateness that precludes …
The federal estate and gift tax exemption will increase to $5,450,000 in 2016 (up from $5,430,000 in 2015). This is the total amount a person can gift during their lifetime and leave to others at death. Together, a married couple can shelter up to $10.9M. The federal estate tax rate on amounts in excess of …
Why is it important for the owners to work with a lawyer when starting up a new business? [Transcript] What is a shareholder dispute? [Transcript] Why would a client choose a medium size firm like Lommen Abdo over one of the BIG law firms for business litigation? [Transcript] View all of the videos from this …
What issues come up most in employment law litigation? [Transcript] What rights do minority shareholders have in a shareholder dispute? [Transcript] What is the first thing a business should do if served with a commercial litigation lawsuit? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.
This year has again brought us countless hail and extreme weather events. In fact, only Texas has more hail claims per year than Minnesota. It’s an unfortunate fact of life that where there is property damage, insurance claims and disputes soon follow. Fortunately, property owners in Minnesota and Wisconsin have a powerful tool available to …
Five Lommen Abdo attorneys are listed among the 2016 Best Lawyers. The list is compiled each year by The Best Lawyers in America. The attorneys are: Phil Cole, listed in both legal malpractice law and personal injury litigation; Roger Stageberg, corporate; Kay Nord Hunt, appellate law; Ken Abdo, entertainment; and Bob Abdo (corporate). Best Lawyers …
Why would a client hire you? [Transcript] You’ve handled medical malpractice cases both for the plaintiffs and for the defendants – how does that impact your handling of any case? [Transcript] What should I look for in choosing a lawyer to handle my vaccine-related injury? [Transcript] View all of the videos from this Q&A by …
Deb Swenson rejoined Lommen Abdo as a shareholder on September 15th. Deb works with clients to preserve their rights in bankruptcy through an active motion practice and defense of adversary proceedings, including preference actions, and other commercial litigation. Her clients include companies involved in the transportation, staffing, financial, petroleum and service industries who find themselves …
Brad Wicklund was honored by Minnesota Lawyer as an Unsung Legal Hero at a luncheon on September 10th. Read the article which appeared in Minnesota Lawyer. Brad is shown below receiving his award and with a group from Lommen Abdo which attended the event. Lommen Abdo also honored Brad at a surprise party on …
A unique challenge that companies face in the current regulatory environment is balancing compliance and legal risk. While those risks are often coextensive, they may also conflict. For example, on the one hand, a company must implement policies to regulate corporate conduct and comply with legal and regulatory obligations. But, on the other hand, a …
Most businesses assume that if they don’t handle hazardous materials they have little risk for toxic waste spills. But as longtime Lommen Abdo client Dennis Diaz of BGD Companies found, an environmental disaster can strike any time. Even when the spill is not your fault, a prompt response can be the difference between a small …
Do you have a vacation home that you would love to keep in your family? Here are some ideas to ponder to make that happen! But first, you really do want to ask your children/grandchildren not only whether they are interested in continuing to own the vacation home, but are they interested in owning it …
On July 15, 2015 the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued an Administrator’s Interpretation analyzing how the Fair Labor Standards Act’s (FLSA) definition of “employ” guides the determination of whether workers are employees or independent contractors under the law. The Interpretation discusses the breadth of the FLSA’s definition …
Phil Cole (Litigation) and Kay Nord Hunt (Appellate), chair of our Appellate Section, are listed in Minnesota’s Top 100 Super Lawyers, as determined by Minnesota Super Lawyers. Kay Nord Hunt is also listed in the Top 50 Women Super Lawyers. Others on the Super Lawyers list include Ken Abdo (Entertainment), Bob Abdo (Business/Corporate); Keith Broady, …
How did the “best interest” factors change in 2015? [Transcript] What jurisdictional considerations do I need to keep in mind if I am getting a divorce and live in Minnesota while my spouse lives in Wisconsin? [Transcript] What custody rights do grandparents have to see his or her grandchildren? [Transcript] View all of the videos …
What is compliance and why is it important? [Transcript] How can companies effectively assess and manage risk? [Transcript] What is your unique legal philosophy that you bring to clients? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.
What types of issues do you see most often in your commercial litigation practice? [Transcript] What is the first thing I should do if my professional license is being threatened? [Transcript] What is your experience in civil litigation? [Transcript] View all of the videos from this Q&A by ReelLawyers.com.
For the first time in a number of years, the Minnesota Legislature passed a series of significant reforms in the area of family law. The omnibus family law bill (S.F. 1191) signed by Governor Dayton on May 14, 2015, (1) rewrote the Best Interests of the Child Statute (Minn. Stat. § 518.17, subd. 1); (2) …
This spring of 2015 marks several milestones in my life: 25 years married to my wife, Jean; 25 years living in the Hudson community; and 25 years as a litigation attorney for the Lommen Abdo law firm. In those 25 years, I have learned many lessons relating to litigation and the practice of law in …
Introduction Today’s tech tools, including mobile devices, cloud computing and social media, represent the new era of legal service. With those tools, among others, lawyers are able to better serve clients through increased efficiency, visibility and responsiveness. But technology has also introduced new risks to legal practice. Law firms, like Sony, Target, and Home Depot, …
Attorney Bryan Feldhaus graduated with his LL.M. degree in Corporate Compliance and Organizational Ethics from the University of St. Thomas School of Law on May 9th. Bryan was part of UST Law’s inaugural class in the LL.M. compliance program, which responds to the growing risk of compliance and regulatory-related obligations businesses of all sizes face. …
After ten years of litigation, Lommen Abdo clients Doug and Rhonda Paluck have prevailed in their request for compensation for their minor son for injuries he sustained as a result of receipt of childhood vaccines. In 2005, attorney Sheila Bjorklund filed a petition for compensation on behalf of the Palucks and their minor son under …
Lommen Abdo Vaccine Group Attorney Sheila Bjorklund obtained a favorable United States Court of Appeals Decision on National Vaccine Injury Compensation Program claim in Paluck v. Secretary of Health and Human Services. http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/14-5080.Opinion.5-18-2015.1.PDF After an epic eight year long battle of hearings, appeals and remands, the Court of Appeals upheld a Court of Federal Claims Judge’s …
Lawyers are used to taking urgent calls from clients requesting immediate assistance on important matters. But when the client calls to report that there is a warrant out for her arrest, the sense of urgency rises to a new level. This is the situation that confronted business lawyer Bob Abdo recently. A longtime client had …
The Minnesota Revised Uniform Limited Liability Company Act, codified as Minnesota Statutes Chapter 322C, was passed by the 2014 Minnesota Legislature and signed into law by Governor Dayton on April 11, 2014. The new Act becomes effective as of August 1, 2015. The new Act is patterned after the Revised Uniform Limited Liability Company Act …
With the school year coming to a close, many families will be preparing their high school graduates for the future, whether it includes a post-secondary education or a full-time job. Parents are often surprised to learn that they no longer have legal authority to assist with or make decisions for their children once they turn …
Lommen Abdo appellate attorney Kay Nord Hunt was quoted in the November 10, 2014 American Law Litigation Daily about an Eighth Circuit Court of Appeals decision addressing the standard for admitting expert testimony in federal courts, Johnson v. Mead Johnson, LLC, 754 F.3d 557 (8th Cir. 2014). Ms. Hunt was successful in obtaining a reversal …
Creditors, bankruptcy trustees and receivers may not use the so-called Ponzi scheme presumptions in cases brought under the Minnesota Uniform Fraudulent Transfer Act (MUFTA). Recent clawback claims against banks, investors and other financial institutions receiving payments from criminal actors such as Corey Johnston and Tom Petters have often based their claims on such presumptions and …
Introduction Insurance companies have a number of tools at their disposal to investigate and adjust claims. One of the most powerful tools is the insurer’s authority to require the insured to appear in person to produce documents, physical evidence and answer questions under oath before a court reporter – the so-called Examination Under Oath. Proper …
The Minnesota Supreme Court recently issued a decision in the continuing saga of disputes between property owners and insurance companies. The dispute — as chronicled in Cedar Bluff Townhome Condo. Ass’n, Inc. v. Am. Family Mut. Ins. Co., 857 N.W.2d 290, 293 (Minn. 2014) — began following a hail storm at the Association in October …
A 2015 unpublished Minnesota Court of Appeals decision reiterates the importance of following corporate formalities in order to avoid personal liability for the obligations of a business entity. In Langford Tool & Drill Co. vs. The 401 Group, LLC, et al., Court File No. A14-0507, Lommen Abdo attorneys Barry O’Neil and Kay Nord Hunt successfully …
Mike Moline has been recertified as a civil trial advocate by the National Board of Trial Advocacy (NBTA). Mike has been an NBTA member in good standing for five years. He is licensed to practice in Minnesota and Wisconsin. He has been involved in more than 50 trials and 500 binding arbitrations and appraisals. The …
In terms of estate planning news for 2015, you should be aware of several things: Federal Estate Tax When someone passes away, estate tax may be owed if the decedent dies with assets in excess of the estate tax exemption amount. The federal exemption amount for decedents passing away in 2015 increased to $5,430,000 (up …
Minnesota law has long protected from termination without cause sales representatives who represent manufacturers, wholesalers, assemblers or importers and solicit wholesale orders. Until recently, this law could be circumvented by contractual choice-of-law clauses providing for the application of the laws of another state. But in an amendment effective August 1, 2014, the legislature has now declared …
MINNEAPOLIS/MINNESOTA -The National Board of Trial Advocacy (NBTA) is pleased to announce that Michael R. Moline of the law firm, Lommen Abdo, P.A. has successfully achieved recertification as a civil trial advocate. Mr. Moline has been a NBTA member is good standing for five years. This is his first recertification. The NBTA was formed out …
Lauren Nuffort and Paul Shapiro drafted an article for the Winter 2014 edition of Minnesota Defense, “Tips from the Trenches: How to Succeed as a Summer Associate and as a First-Year Associate.” Article summary: The Minnesota Defense Lawyers Association (MDLA) 2013-14 New Defense Lawyers Committee set out to uncover the top recommendations for how to …
What are some practical things to keep in mind regarding pre-employment investigations? [Transcript] What is your experience in this area of law [employment and labor law]? [Transcript] What termination agreement considerations should be examined by employers that are considering offering severance to a terminated employee? [Transcript] View all of the videos from this Q&A by …
Veteran trial lawyer and commercial litigator, Kathleen Loucks, joins Lommen Abdo’s Litigation team after seven years at Hellmuth & Johnson. She started her career in the courtroom, cutting her teeth in criminal court as a prosecutor. Kathleen spent the last seven years at Hellmuth, building a solid reputation as a skilled and tough, yet fair-minded, …
December 1, 2015 Update: The Minnesota Department of Health chose Minnesota Medical Solutions and Leafline Labs as the two manufacturers for Minnesota’s medical marijuana program. Earlier this spring, the Minnesota Legislature and Governor Dayton enacted a law that provides a limited medical cannabis distribution system. Starting in July 2015, access to the drug will be …
Wisconsin’s laws governing auto insurance, particularly underinsured motorist coverage, changed significantly in recent years. Most drivers are aware of changes that increased minimum liability limits to $50,000 per person and $100,000 per accident in 2009 and later returned minimum liability limits to pre-2009 levels of $25,000 per person and $50,000 per accident in 2011. However, …
Phil Cole (General Litigation) and Kay Nord Hunt (Appellate), chair of our Appellate Section, are listed in Minnesota’s Top 100 Super Lawyers, as determined in conjunction with the Super Lawyer selection process conducted by Minnesota Super Lawyers. Kay Nord Hunt is also listed in the Top 50 Women Super Lawyers. Others on the Super Lawyers …
Lommen Abdo announced that the firm has agreed to a long-term lease commencing January 1, 2015 in the International Centre located at 920 Second Avenue South in downtown Minneapolis. The move to the International Centre will allow the firm to design space that is well suited to the way law firms now operate. “Lommen Abdo …
In a Minnesota products liability suit, expert testimony based on a differential etiological analysis is scientifically valid, reasonably applied and sufficiently reliable to be admitted under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and Fed. R. Evid. 702. In evaluating the differential etiology method in the case at hand, the Eighth Circuit …
Many breweries take advantage of the abundance of people interested in helping their business grow by allowing them to volunteer at the brewery. Depending upon the nature of the duties they are performing, classifying an individual who ought to be treated – and compensated – as an employee as a “volunteer” can lead to significant …
Tim Matson and Barry O’Neil spoke at the 2014 Stampede by the Minnesota Intellectual Property Law Association on Monday, May 19, 2014 at Windows on Minnesota. They presented “Ripoffs, Break-Ups and Kool & the Gang: Entertainment IP Updates.”
A recent ruling by the Wisconsin Court of Appeals held, as an issue of first impression, that an intra-insured suit exclusion found in a homeowner’s insurance policy barred coverage for a wrongful death claim brought by a non-insured parent. In Barrows v. American Family Insurance Company, 2014 WI App 11, the Court applied an intra-insured suit …
John Crawford co-authored an article in 2014 for the ABA Tort Trial & Insurance Practice Section titled “Damages: A State by State Summary (Minnesota).
Bryan Feldhaus has become a shareholder of Lommen Abdo, P.A. effective January 1, 2014. Bryan Feldhaus is a civil litigation attorney focusing on business litigation, appeals, partnership/shareholder litigation, professional liability disputes, insurance coverage litigation and intellectual property litigation. Bryan provides clients practical, business-savvy legal services and enjoys assessing and developing litigation strategies. He has been …
Lommen Abdo has a very strong litigation practice and we are proud of the excellent results we have obtained for our clients. We are mindful, however, of the cost of litigation and this is especially true with respect to employment litigation. Statistics continue to show that costly discrimination and retaliation claims are on the rise. …
Each year, Minnesota Lawyer, an independent newspaper dedicated to providing court opinions, verdicts, settlements, appellate decisions, and legal news to enhance the practice of law, recognizes the best achievements in the Minnesota legal profession with the Attorneys of the Year awards. Kay Nord Hunt, chair of Lommen Abdo’s appellate practice, is being recognized as a …
The intra-insured exclusion in a homeowners insurance policy precluded coverage for a wrongful-death claim filed by the father of an insured minor child who shot himself to death after having found an unlocked handgun in the home that his mother shared with her partner, a Wisconsin appellate panel determined, affirming the trial court’s conclusion in …
U.S. News & World Report and Best Lawyers, for the fourth consecutive year, has announced that the Lommen Abdo Law Firm is included in the 2014 “Best Law Firms” rankings. Lommen Abdo’s appellate practice received a national ranking in the 2014 lists. Regional rankings for the Minneapolis/ St. Paul Metropolitan Area included four litigation practices …
Mike Moline, a national construction litigator, and Mike Leonard, a former Seventh Circuit Court of Appeals law clerk, have joined Lommen Abdo. Mike Moline handles Andersen Windows construction litigation throughout the country. Andersen is the country’s largest manufacturer of residential windows and glass doors. He also represents the Science Museum in construction litigation matters. He …
Read about the defense verdict which Mike Moline obtained in a multimillion-dollar product liability/construction defect trial in Miami-Dade County: Lawyers.com, September 5, 2013: Jury Rejects Homeowners’ $10M Lawsuit Over ‘Moldy Mansion’ Palm Beach Daily News, September 1, 2013: “Vecellio mansion trial wraps up; Judge to rule on contractual, warranty issues involving disputed repairs at oceanfront …
2015 UPDATE: Read about the decision of the Federal Circuit Court of Appeals. Seven years after the petition for compensation was filed on behalf of minor Karl Paluck for injuries he sustained following receipt of five vaccines, he has won his right to compensation. Karl Paluck was born with a mitochondrial disorder, that remained undiagnosed …
[Q] I am a divorced small business owner in Minnesota with a net worth of approximately $3,000,000. How will the new Minnesota estate and gift tax affect my ability to leave my estate to my children with minimum gift and estate taxes? Read Glenn Kessel’s answer to this question in the Ask Upsize segment at Upsize Magazine.
The new tax law significantly affects taxpayers and their estates by enacting a gift tax (and thereby joining Connecticut as the only states to impose a state-level gift tax) and amending the estate tax and income tax. The Minnesota Legislature passed this Omnibus Tax Bill on May 20, 2013 and Governor Dayton signed it into …
[Q] I’m selling my business and the business broker tells me I will continue to have liability for the business after I close. Is this true? Read Bob Abdo’s answer to this question in the Ask Upsize segment at Upsize Magazine.
A month after 7-year-old Jocelyn Dickhoff became the center of a precedent-setting Minnesota Supreme Court ruling, her family will lay her to rest. Read the Star Tribune article. Read about the Loss of Chance decision of the Minnesota Supreme Court.
The U.S. Treasury Department issued an unexpected announcement on Tuesday, July 2, 2013 delaying the mandate for employers to offer health insurance coverage to their employees. The mandate, which applies to employers with at least 50 full time equivalent employees, was to become effective January 1, 2014. The new effective date is January 1, 2015. …
Kay Nord Hunt was presented with the Gustavus Adolphus Distinguished Alumni Citation on June 1st. This award has been given annually since 1955 and recipients include Supreme Court Justices J.R. Magney and G. Barry Anderson, Governor Harold LeVander; Artist Paul Granlund and many others in business, education, medicine, religion, government and other disciplines. Ms. Hunt …
The Minnesota Supreme Court has adopted amendments to the Rules of Civil Procedure and the General Rules of Practice for the District Courts to be effective July 1, 2013. The amendments significantly change the process for civil cases. All attorneys handling civil cases in Minnesota State District Courts need to review and understand all of …
UPDATE: On June 26, 2013 the U.S. Supreme Court issued decisions in two cases impacting same-sex marriage. While these rulings do not decide a constitutional right to same-sex marriage, the implications are very broad. As a result of these decisions, once same-sex marriages become legal in Minnesota on August 1, 2013, same-sex married Minnesotans will …
The parents of Jocelyn Dickhoff, who turns seven on June 12, brought a case against her physicians for failing to timely diagnose her cancer or refer her to another doctor for diagnosis and treatment. The trial court dismissed her case. Today, the Minnesota Supreme Court ruled on appeal that the case could proceed to trial …
Businesses nationwide continue to face scrutiny for their classification of certain workers as independent contractors. For the past several years, federal and state government agencies have stepped up on-site audits of companies to determine whether workers are properly classified as independent contractors or employees. Read the article below drafted by Stacey DeKalb which appeared in …
Keith Broady and Nick Dolejsi received a favorable court decision in defending a construction contractor from claims of construction defects. The plaintiff, a homeowners’ association for a condominium, made direct claims against both the contractor and developer alleging many construction defects. The contractor requested the court dismiss all direct claims made by the plaintiff against …
UPDATE to October 20, 2011 Article: NLRB Implementation of Final Rule Requiring Employers to Post NLRA Rights Poster Postponed until April 20, 2012 Unionized and non-unionized employers subject to NLRB jurisdiction now have until April 30, 2012 to post the NLRA rights poster described in the October 20, 2011 article below. The NLRB postponed implementation of …
[Q] Should I sign a contract with another business that includes agreeing to binding arbitration for any disputes? Read Keith Broady’s answer to this question in the Ask Upsize segment at Upsize Magazine.
[Q] My business has grown nicely over the last couple of years, but the bottom line has not been very impressive. What can I do to improve the bottom line and the appearance of my balance sheet for upcoming discussions with (i) a possible merger partner, or (ii) a commercial lender for needed capital to expand …
Phil Cole has authored an ebook in a series published by ExecSense, Digital Thought Leadership. Phil’s ebook is titled “The Immunities of Lawyers.” Below is an excerpt of the ebook. Read the full ebook. Lawyers are granted unique protections against civil liability under a variety of state and federal statutes and principles of common law …
U.S. News Media Group and Best Lawyers has released the 2013 “Best Law Firms” rankings and Lommen Abdo is included in the top tiers. Lommen Abdo’s Appellate and Legal Malpractice practices were included in the Minneapolis Metropolitan Tier 1 Rankings, the top level rankings. Lommen Abdo’s Appellate Practice was also rated highly in the national …
In the new millennium, employee mobility is the norm. Gone are the halcyon days when employees worked for one company for their entire career. One consequence of greater employee mobility is the proliferation of trade secret claims. When an employee leaves one company to work for a competitor, it is not unusual for the former …
John Crawford co-authored an article in the December 2012 For the Defense magazine. “It is well known that the Federal Motor Carrier Safety Administration (FMCSA) launched its newest program to track the performance of commercial motor vehicles in 2010. The program, formerly called “CSA 2010” and now known as “CSA” (Compliance, Safety, Accountability), collects information from …
Lommen Abdo is among only 2,446 law firms nationwide recognized by Martindale-Hubbell® as one of the 2013 Top Ranked Law Firms in the U.S. for having one of every three of its attorneys achieve an AV Preeminent® rating. Twenty-five of Lommen Abdo’s 45 attorneys are AV-rated – well above the 33% rating required for this …
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 90 miles per hour with two other vehicles. Mr. McClelland was unable …
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 Companies, 821 N.W.2d 621 (Minn.Ct.App. 2012). The Kastning court held …
Small business owners gathered on November 8th for the Don’t Miss Your Exit Seminar presented by Lommen Abdo Law Firm in conjunction with Upsize Minnesota Magazine. The seminar’s goal was to help small business owners chart their company’s value and to map out whether to convert their equity into cash or safely pass their company …
John Crawford co-authored an article in the October 2012 edition of The Transportation Lawyer magazine. “’Social media’ is a relatively new term and covers a wide range of websites that allow users to create an on-line profile to share pictures, comments, messages, news stories, and music. The best known of these is Facebook, which has approximately 845 …
[Q] I am the principal officer/manager of my company and trustee of my company’s 401K qualified retirement plan. What is the timing of my obligations to plan participants of the new Department of Labor final regulations for fee disclosure? Read Glenn Kessel’s answer to this question in the Ask Upsize segment at Upsize Magazine.
Marc Johannsen presented at the June 29, 2012 video webcast by the National Business Institute, “Civil Trial Case Presentation: From Start to Finish.” Marc’s presentation on Ethical Considerations covered the following topics: Rules of professional conduct you must follow Handling highly prejudicial evidence Talking to witnesses before they testify Identifying and avoiding conflicts of interest …
The Jumpstart Our Business Startups Act (“JOBS” Act) was signed into law on April 5, 2012. One portion of the JOBS Act addresses “crowdfunding.” Crowdfunding involves seeking funding over the internet from a potentially large group of investors putting in relatively small amounts. The JOBS Act amended the federal securities laws to provide for a …
Margie Bodas, Vice President of Practice Management at Lommen, Abdo, Cole, King & Stageberg, P.A. was selected as one of the 2012 Women in Business Industry Leaders by the Minneapolis St. Paul Business Journal. “Lommen Abdo . . . might be the Swiss Army Knife of law firms.” the Business Journal article stated. “And the …
Leah Isakson has joined Lommen Abdo as a litigation associate in the Hudson office. Her practice includes a wide array of litigation areas, including insurance defense litigation, family law, personal injury and commercial litigation. She also assists with Wisconsin appeals. Prior to joining Lommen Abdo last month, Ms. Isakson was an associate in private practice …
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 cancer. Read the Star Tribune article: Will false diagnosis cost …
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 27, 2011. Get more information: Read more about the settlement; Read the Star Tribune article; Read the Pioneer Press article.
The City of Vadnais Heights welcomes a new Mayor! Marc A. Johannsen was appointed as Mayor at the October 19, 2011 City Council meeting. Johannsen replaces Susan Banovetz who resigned effective September 30th to take a position with the University of Minnesota-Duluth. Read the full press release.
Lommen Abdo presents a closely held business seminar on Thursday, October 27, 2011. Learn how to maximize your opportunities and navigate the inherent obstacles. Gain valuable and practical insight into how to: Avoid legal disputes, including avoiding personal liability; Create effective buy-sell agreements; Prepare for succession and exit planning; and Address shareholder disputes and business …
The National Labor Relations Board (“NLRB”) recently issued a Final Rule that requires most private-sector employers to post a notice by describing certain employee rights such as the “right to organize” under the National Labor Relations Act (“NLRA”). On October 5, the National Labor Relations Board extended the date for the notice to be posted …
Best Lawyers has named Kay Nord Hunt of Lommen Abdo as the “Minneapolis Best Lawyers Appellate Practice Lawyer of the Year” for 2012. Best Lawyers is one of the oldest and most respected peer-review publications in the legal profession. Steven Naifeh, President of Best Lawyers, says, “We continue to believe – as we have believed …
The Ramsey County District Court granted preliminary approval of a settlement agreement between Plaintiffs 876 Bondholders and the St. Paul Port Authority on September 23, 2011. Keith Broady of Lommen Abdo Law Firm, lead attorney for Plaintiffs, recommended approval of the settlement agreement to the Court because: The settlement ends over five years of contentious …
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 relationship; (2) both parties intended for the 1988 Agreement …
SECOND CIRCUIT UPHOLDS MADOFF BANKRUPTCY COURT RULING THAT INVESTORS NOT ENTITLED TO DETERMINE LOSSES BASED ON LAST STATEMENT. 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 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. Stat. §257C.08, subd. 1. That right, however, has …
Bryan Feldhaus wrote an article in the August 2011 Minnesota Lawyer on the America Invents Act of 2011. “Since the enactment of the Patent Act of 1870, the United States patent system has been based on a “first-to-invent” priority system, which entitles an inventor to a patent if the inventor first conceived and diligently reduced …
Lommen attorneys Thomas Jacobson, Kay Hunt and Diane Odeen successfully represented David Bushard before the Wisconsin Supreme Court in a case that dealt with the breakup of a partnership. In 1995, Bushard and Steven Reisman formed PressEnter, a partnership that provided internet dial-up services to communities in western Wisconsin. The business flourished, but the friendship …
MINNEAPOLIS – 4/29/11 – 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 a defective hip replacement system. The suit alleges that Simpson & Associates of Chanhassen aggressively marketed, distributed and sold the DePuy ASR hip replacement system, which was …
John Crawford serves as Editor-in-Chief for the Minnesota Insurance Law Deskbook, 4th Edition (2011) (Updated 2015). In addition to serving as the Deskbook’s editor, John wrote chapter 6 of the Deskbook regarding the duty to defend. Read the full article.
Kathleen Loucks wrote and article in the 2011 Hennepin Lawyer on her experience with the Judicial Ride-Along Program in Hennepin County. “I was fortunate enough to be able to participate in the Hennepin County Judicial Ride-Along Program last spring. My interest was piqued after reading the January 2010 article from Chris Morris who also participated …
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 than standard varieties. Lommen Abdo’s Kay Nord Hunt, who …
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. O’Neil and Abdo are members of Lommen Abdo’s litigation and entertainment advisory team for Ms. Hall who brought the partnership claim for a one-third interest against her former band mates. Ms. Hall started Sugarland in 2002, helped build its brand …
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Phillip A. Cole as the “Minneapolis Best Lawyers Legal Malpractice Lawyer of the Year” for 2011. Cole is president of Lommen, Abdo, Cole, King & Stageberg. He litigates professional liability, commercial disputes and business torts. After more than a quarter …
Contract recitals are often included at the beginning of an agreement to lay out the background of the deal. The Minnesota Court of Appeals recently addressed whether such recitals are binding and what happens when the recitals contain terms or obligations not included in the actual terms of an agreement. In the case of Construction …
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 Court for post-conviction relief based on newly discovered evidence and …
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 Teresa Warner vacated court orders issued in 2002 and 2004 that purported to approve many actions taken by the Port Authority in connection with Basic Resolution …
Last year, the city of Bozeman, Montana, implemented a policy that prospective employees must supply the usernames and passwords for any web sites they belonged to, including Facebook, MySpace, Yahoo, Google and YouTube, so that they could make informed decisions about recruiting, hiring and firing. When news of the Bozeman background check process was publicized, …
The economic crisis of recent years has resulted in near record bankruptcy filings. The impact upon your business when a customer or vendor files a petition for bankruptcy can be devastating. You can alleviate the economic loss, however, by learning about the different types of bankruptcies, the effect of the automatic stay, 341 Meetings of …
“‘Going green’ must start at the company’s top,” an article authored by Bob Abdo, Lommen Abdo, and Kim Carlson, EarthSmart LLC, was published in the April/May 2010 Upsize Minnesota Magazine. Also in that issue is a profile discussing Lommen Abdo’s own initiatives and the work it does with clients, “Assisting clients with green legal issues while putting sustainability …
John Crawford authored an article in July of 2010 for the ABA Tort Trial & Insurance Practice Section titled “Minor Compromises: State by State Summary (Minnesota). Read the full article.
Lommen Abdo’s Brent Johnson was among 23 attorneys spotlighted by the Wisconsin Law Journal as individuals who consistently give their best to their clients, to the administration of justice, and to the organizations they enrich through their outside efforts. He was selected as one of the Wisconsin Law Journal’s 2010 Leaders in the Law. In …
On February 16, 2010, the Minnesota Court of Appeals, in McNeilly v. Department of Employment and Economic Development (A09-895), ruled that employees subject to regular seasonal lay-offs, who anticipate returning to work with their same employer, are still obligated to be actively seeking employment during their time off in order to be eligible for unemployment …
Lommen Abdo welcomed Michael E. Keyes as a shareholder on January 12, 2010. Mike is an experienced commercial litigator who focuses in the areas of professional liability, securities fraud and complex business litigation. He represents partnerships, corporations and individuals throughout the United States in accountant liability, securities fraud class actions, shareholder disputes, contract disputes, and …
We invite you to talk with us about alternatives to traditional hourly billing rates. We have traditionally charged for most legal work on an hourly basis and continue to do so in most instances. However, alternative billing methods can provide you with greater predictability as to the total fee you will have to pay and …
Now is the right time to review and evaluate the organization and operation of your nonprofit organization. Enforcement activity of tax-exempt organizations has increased exponentially by both the Internal Revenue Service and states attorneys general. Failure to maintain proper records or render proper statements may result in substantial penalties and/or the revocation of an entity’s …
In managing the business and affairs of a corporation, a Board of Directors has a great deal of power and authority and few restrictions. Each individual director must, however, comply with the legally required standard of conduct. Minnesota law provides that a director “shall discharge the duties of the position of director in good faith, …
Lommen Abdo attorneys Barry O’Neil and Tom Dougherty successfully “ungated” a hedge fund investment on behalf of the firm’s client, a limited partner investor. Here is the background: The client purchased a limited partnership interest from the hedge fund in 2005. The investment paid our client a monthly return on his investment and required the …
Bryan Feldhaus wrote an article in the June-July 2009 Upsize Minnesota magazine on collecting on outstanding accounts. “A lagging economy has led to a sharp increase in accounts receivable for many businesses. Customers that once paid within terms are now slipping from first base to second base with some sliding into third. Business owners must …
John Crawford co-authored an article in July of 2009 for the ABA Tort Trial & Insurance Practice Section titled “Comparative/Contributory Negligence and Joint and Several Liability: State by State Summary (Minnesota). Read the full article.
By Mike Keyes. Appeared in Journal of Accountancy, 2008.
John Crawford authored an article in July of 2008 for the ABA Tort Trial & Insurance Practice Section titled “Spoliation of Evidence: State by State Summary (Minnesota). Read the full article.
John Crawford authored an article in 2007 for the ABA Tort Trial & Insurance Practice Section titled “Punitive Damages in Commercial Transportation: State by State Summary (Minnesota). Read the full article.
By Margie Bodas. Appeared in Minnesota Medicine, October 2000
By Phil Cole. Appeared in Bench & Bar, September, 1999.
By Bob Abdo. Appeared in Entertainment and Sports Lawyer, Fall 1998
By Bob Abdo. 1998-2000.
Co-Authored by Reid Lindquist. Appeared in Minnesota Defense, Fall 1994.
By Brent Johnson. Appeared in 20 Wm. Mitchell L. Rev. 191, 1994.
Co-Authored by Reid Lindquist. Appeared in Minnesota Defense, Winter 1993.
Co-Authored by Kay Nord Hunt. Appeared in 19 Wm. Mitchell L. Rev. 659, 1993
By Bob Abdo. Appeared in Commercial Law Journal, 1971.