Requirements for Triggering Pre-Verdict Interest
On January 11, 2021, in Blehr v. Anderson, the court of appeals clarified the requirements for triggering pre-judgment interest under Minn. Stat. 549.09. Section 549.09 allows pre-verdict interest “from the time of the commencement of the action…or the time of a written notice of claim, whichever occurs first.” Often, claimants will send a written letter to the defendant or insurance company prior to making a demand or commencing suit to ensure pre-verdict interest begins to accrue during the investigatory and pre-litigation phase of a claim. Prior to Blehr, debates occurred over what information was sufficient for a pre-suit letter to... Read More
Update on Expert Witness Requirements in Malpractice Claims
Minn. Stat. § 544.42 generally requires that claimants, who are bringing negligence or malpractice claims against various types of professionals, provide expert testimony establishing the elements of their claim. Claimants may try to avoid this requirement by rebranding their claims as something other than negligence. In Mittelstaedt v. Henney, decided January 4, 2021, the claimant sued his attorney for “breach of fiduciary duty.” The claimant argued that section 544.42’s expert review requirements did not apply because the claim was not for “negligence” or “malpractice.” The court disagreed. It compared the underlying elements of negligence and breach of fiduciary duty claims... Read More
Are Workplace Injuries Covered if I am now Working from Home?
Mankato Workplace Injury Attorney Minnesota Governor Tim Walz recently declared the coronavirus a “peacetime emergency”, and recommended certain actions for controlling its spread. One of those recommendations included asking businesses to allow teleworking whenever possible. With their workplace now redefined, many are wondering how that might affect their workers’ compensation benefits. Are employees still covered for an on-the-job injury while at home? Here is some vital information to know. Minnesota Workers’ Compensation Law According to the Minnesota Department of Labor and Industry (DLI), the state’s workers’ compensation system is a “no-fault system designed to provide benefits to employees who are injured as a... Read More
Case Law Update
Due to the coronavirus, Minnesota Governor Tim Walz signed executive order 20-01, postponing deadlines imposed by statute, including statutes of limitations. Governor Walz passed legislation suspending all statutes of limitations for 60 days after the end of the “peacetime emergency declaration.” The effective date of the statute is March 13, 2020; see Legislative Tolling Statutory Deadlines. It is unknown at this time what is specifically meant by the end of the “peace- time emergency declaration.” Please contact attorney Scott Kelly via email or call 507-625-2525 for further information.
Coronavirus In Minnesota And Workers’ Compensation Laws
Like many areas hit by the coronavirus, Covid-19 the virus responsible for the global pandemic has also ravished Minnesota. There has been 576 confirmed cases, 24 patients in ICU, and 10 reported fatalities from Covid-19. The coronavirus is spread from person to person and as a result, state officials have called for residents to self-quarantine. Also referred to as “social distancing,” many Minnesota residents have been furloughed or laid off from their job. In response to the record number of businesses closing down or reducing daily operations, the Coronavirus Stimulus Bill was signed into law. Keep reading more details below to find out... Read More
Am I covered by workers’ comp due to coronavirus at work?
Nearly everybody who continues to go to work through these difficult times has a number of questions lingering in the back of their mind, including what happens if someone at my work has tested positive for coronavirus and I may have been exposed? Will I be covered by work comp? With the number of cases increasing every day, those are all valid questions that are very new and will need to be looked at through the prism and experience of other cases that dealt with occupational hazards. But the short answer is most likely yes, so long as it can... Read More
New Federal Legislation Requires Paid Time Off Related to COVID-19
On March 18, Congress enacted the Families First Coronavirus Response Act which imposes obligations on many employers to provide temporary paid benefits to employees. There are two separate laws which impose obligations on those employers who employ less than 500 employees. Therefore, this law impacts many small businesses. Paid Medical Leave The first new law is called the Emergency Family Medical Leave Expansion Act. Basically, it is Emergency FMLA. But unlike normal FMLA requirements, this Emergency FMLA applies to employers with less than 500 employees and employees who have worked at their place of employment for 30 or more calendar... Read More
COVID-19 Virus Concerns Trigger Estate Planning Questions
Do I need a living will or healthcare directive? Should I have a power of attorney in place? Does my will or trust need to be updated? These are some of the questions people are asking in the wake of growing concerns over the COVID-19 outbreak. Changes in the size and nature of your estate, your familial structure and family relations, as well as changes in the law are just few examples of events that can drastically and materially affect an outdated comprehensive estate plan. Under normal circumstances, these concerns are not top of the mind. But a global health... Read More
Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic
Leaders from the American Academy of Matrimonial Lawyers (AAML) and AFCC have released guidelines for coparenting during the COVID-19 pandemic. Seven Guidelines for Parents Who Are Divorce/Separated and Sharing Custody of Children During the COVID19 Pandemic 1. BE HEALTHY. Comply with all CDC and local and state guidelines and model good behavior for your children with intensive hand washing, wiping down surfaces and other objects that are frequently touched, and maintaining social distancing. This also means BE INFORMED. Stay in touch with the most reliable media sources and avoid the rumor mill on social media. 2. BE MINDFUL. Be honest... Read More
Minnesota CLE Replays Suspended–Updated
Due to COVID-19, Minnesota CLE has suspended all in-person CLE Replays from March 16th through May 8th. Therefore, the following replays at our office will be cancelled: Estate Planning, Probate & Trust Law 50 Friday, March 27, 2020 Uninsured, Underinsured, No-Fault & Bodily Injury Update Thursday, April 9, 2020 The SECURE Act Friday, April 17, 2020 Advising the Disadvantaged Session – Day 1 and Day 2 Thursday, April 30, 2020 Understanding Trusts–Practical Advice on Creating & Administering Trusts Friday, May 8, 2020 Minnesota CLE will be converting this CLE replay to their “On Demand classroom,” so it may be streamed... Read More