Dyan J. Ebert

Dyan J. Ebert

Shareholder since 1998
Location:
Saint Cloud, Minnesota
Phone:
320 200-4928
Fax:
320-251-1415
Email:

Ms. Ebert joined the firm in 1994, becoming a Shareholder in 1998. Ms. Ebert was elected CEO for the 2017 calendar year. She was the first woman to serve as the firm's Chief Executive Officer and was on the firm's Board of Directors between 2003 to 2010, and again beginning in 2014 to the present. Ms. Ebert is active and holds, or has held, leadership roles in national, state and local professional organizations including the Association of Defense Trial Attorneys, the Minnesota State Bar Association, the Minnesota Defense Lawyers Association, Minnesota Women Lawyers, and the Seventh District Bar Association. Ms. Ebert served as President of the Minnesota Defense Lawyers Association in 2014-2015, and is currently the Outstate Representative on the Minnesota State Bar Association's Governing Council, the Minnesota State Chair for the Association of Defense Trial Attorneys, and a member of Minnesota Women Lawyers' Advisory Board. She is an AV Rated attorney by Martindale-Hubbell, a Minnesota Super Lawyer, and was named to the list of Top 50 Women Attorneys in Minnesota in 2014.

Ms. Ebert practices in the area of civil litigation, with a focus on employment and government liability, insurance coverage, and general casualty law. Ms. Ebert represents government entities, corporations, and individuals at all stages of the litigation process, including before appellate courts. She counsels employers on policies and procedures, conducts employment-related investigations, and represents employers in conjunction with charges of discrimination filed with state and federal investigatory agencies. Ms. Ebert is a frequent lecturer to colleagues, as well as employees, supervisors, and human resource professionals, on employment-related matters including hiring, firing and discipline, workplace behavior, employee evaluations, the Family and Medical Leave Act, the Americans with Disabilities Act, and anti-discrimination legislation. Ms. Ebert also represents individuals and businesses in matters involving personal injuries, premises liability, wrongful death, and insurance coverage.

Ms. Ebert is on the American Arbitration Association's no-fault arbitration panel. On November 24, 2010, the Minnesota Supreme Court appointed Ms. Ebert to serve on the Civil Justice Reform Task Force. The Task Force reviewed the Civil Justice Forum Report and civil justice reform initiatives undertaken in other jurisdictions and recommended to the Supreme Court changes to facilitate more cost effective and efficient civil case proceedings.

Since 1994, Ms. Ebert has served as coordinator of the Apollo High School Mock Trial Invitational Tournament.

 

  • Year Joined Firm
    • 1994
  • Areas of Practice
    • Insurance Defense
    • Employment Law
    • General Casualty Litigation
  • Litigation Percentage
    • 90% of Practice Devoted to Litigation
  • Certified Legal Specialties
    • Arbitrator, American Arbitration Association
  • Bar Admissions
    • Minnesota, 1993
    • South Dakota, 1994
    • U.S. District Court District of Minnesota, 1994
    • U.S. Court of Appeals 8th Circuit, 2003
  • Education
    • William Mitchell College of Law, St Paul, Minnesota
      • J.D. magna cum laude - 1993
      • Law Review: William Mitchell Law Review, Staff Member, 1991 - 1992
      • Law Review: William Mitchell Law Review, Executive Editor, 1992 - 1993
    • Augustana College, Sioux Falls, South Dakota
      • B.A. cum laude - 1990
      • Honors: Phi Alpha Theta
  • Published Works
    • "Reallocation and the Severally Liable Defendant: Applying Minnesota Statute Section 604.02 after Staab v. Diocese of St. Cloud," Minnesota Defense, Volume 35, Issue 3, Fall 2014
  • Representative Cases
    • Mordini v. Rongstead, Stearns County, September 11-12, 1995, court trial (motor vehicle negligence; property damage)
    • Souhrada v. Tri County Electric, Fillmore County, 1995, court trial (negligence; property damage)
    • Hammerlund v. Itasca County Engineer, Itasca County, May 16-18, 1996, jury trial (governmental liability, negligence; property damage)
    • Kramer v. ISD # 742, Minnesota Federal District Court, jury trial, 1996 (second chair) (employment law)
    • Voigt v. Fingerhut Corporation, Stearns County, jury trial, 1996 (second chair) (negligence; personal injury)
    • Arneson v. Derby 4-Wheel Drive, Benton County, court trial, 1996 (negligence; property damage)
    • Kerssen v. Polk County, Polk County, jury trial, December 2-4, 1997 (negligence; personal injury; governmental immunity)
    • Sarff v. Morrison County, Morrison County, jury trial, August 26-28, 1998 (negligence; premises liability; governmental liability; personal injury)
    • Olson v. Goodhue County, Goodhue County, court trial, June 26, 2000 (planning and zoning)
    • Collins v. Hoefer and Larson, Swift County, jury trial, September 18- 20, 2000 (motor vehicle liability; personal injury)
    • Zamora v. Coborns, Kandiyohi County, jury trial, September 26 – 28, 2000 (premises liability; personal injury)
    • Loretta Hanson v. Progressive, Isanti County, Isanti County, 2002, summary jury trial (motor vehicle negligence; personal injury)
    • Robideau v. State Farm, Anoka County, jury trial, April 28 – May 1, 2003, (personal injury, UIM)
    • Northway v. Reiland, et. al., Stearns County, jury trial, November 29 – December 3, 2004 (wrongful death; negligence)
    • Bundy v. Lamm, Todd County, jury trial, January 12-14, 2005 (premises liability; personal injury)
    • Dellwo v. Hennepin Cooperative Seed Exchange, Hennepin County, jury trial, April 8-11, 2005 (motor vehicle negligence; personal injury)
    • Kemper v. Western National, Stearns County, jury trial, July 10-13, 2006 (personal injury, UIM)
    • Kern v. Gaige, Stearns County, jury trial, May 22-24, 2007 (motor vehicle negligence; personal injury)
    • Olson v. Morrell Transfer, Sherburne County, jury trial, February 24- 27, 2009 (motor vehicle negligence; personal injury)
    • Dunn v. Coborn’s, et al., McLeod County, jury trial, January 31, February 1-2, 2012 (personal injury; premises liability)
    • Sisco v. Fisher, Crow Wing County, jury trial, March 27-28, 2012 (personal injury; motor vehicle negligence)
    • Theil v. Sletton and Blakeman, Pope County, jury trial, January 23- 24, 2013 (motor vehicle negligence)
    • Nelson v. Phoenix, Castenada and Western National Mutual Insurance Company, Kandiyohi County, jury trial, March 26-27, 2013 (motor vehicle negligence)
    • Davids v. Boroski, Sherburne County, jury trial, July 22-23, 2013 (wrongful death)
    • Sinna v. Anderson, Otter Tail County, jury trial, March 25-27, 2014 (motor vehicle negligence)
    • Strodtman v. Voss Plumbing and Heating, Stearns County, jury trial, April 1-3, 2014 (property damage resulting from sewage backup)
    • Doucette v. Morrison County, Morrison County, jury trial, April 27- May 6, 2015 (employment retaliation)
    • Johnson v. City of Cold Spring, Stearns County, jury trial, August 3-5, 2015 (contract; promissory estoppel)
    • Wallin v. Letourneau, 524 N.W.2d 275 (Minn. Ct. App. 1994) (dram shop)
    • Reinsurance Association of Minn. v. Hanks, 526 N.W.2d 406 (Minn. Ct. App. 1995) (insurance coverage)
    • Hanson v. Midnorthern Electric, 1995 WL 507628, unpublished opinion, (Minn. Ct. App. 1995) (personal injury; negligence)
    • Gertken v. Spee Dee Delivery, 1995 WL 450548, unpublished opinion, (Minn. Ct. App. 1995) (personal injury; negligence)
    • Hanson v Horecka, 1995 WL 46263, unpublished opinion, (Minn. Ct. App. 1995) (wrongful death; medical malpractice)
    • Heldt v. Truck Ins. Exchange, 1995 WL 1496, unpublished opinion, (Minn. Ct. App. 1995) (choice of laws; uninsured motorist coverage)
    • Norgren v. Winter, 1996 WL 344990, unpublished opinion, (Minn. Ct. App. 1996) (governmental immunity)
    • Lang v. Stearns County Sheriff's Department, 1996 WL 310327, unpublished opinion, (Minn. Ct. App. 1996) (governmental immunity)
    • Mielke v. Nelson, 1996 WL 509751, unpublished opinion, (Minn. Ct. App. 1996) (personal injury; negligence)
    • Fischer v. City of St. Cloud, 1996 WL 622751, unpublished opinion, (Minn. Ct. App. 1996) (governmental immunity)
    • Line Construction Benefits Fund v. Skeates, 563 N.W.2d 757 (Minn. Ct. App. 1997) (dram shop)
    • Kroning v. State Farm Ins. Co. (MDLA Amicus Brief), 567 N.W.2d 42 (Minn. 1997) (admission of evidence)
    • Anders v. Trester, 562 N.W.2d 45 (Minn. Ct. App. 1997) (premises liability; personal injury; negligence)
    • Hardwig v. Fingerhut Corp., 1997 WL 769526, unpublished opinion, (Minn. Ct. App. 1997) (reemployment)
    • Bergerson v. Geyer Rental, 1997 WL 698460, unpublished opinion, (Minn. Ct. App. 1997) (wrongful death; negligence)
    • Colvin v. Ottertail County, 1997 WL 666083, unpublished opinion, (Minn. Ct. App. 1997) (governmental immunity)
    • Kemp v. Widmer v. Saxton, et al, 1997 WL 559846, unpublished opinion, (Minn. Ct. App. 1997) (joint enterprise/joint venture)
    • Marchetti v. Bechtold, et al, 1997 WL 10524, unpublished opinion (Minn. Ct. App. 1997) (governmental immunity)
    • Schwalbe v. Berscheid, 1997 WL 193908, unpublished opinion, (Minn. Ct. App. 1997) (wrongful death; negligence)
    • Fuchs v. Schneider, 1998 WL 372809, unpublished opinion, (Minn. Ct. App. 1998) (legal malpractice)
    • Chiapusio v. Marso, 1998 WL 747142, unpublished opinion (Minn. Ct. App. 1998) (legal malpractice)
    • Guzzetta v. Mudek, 1999 WL 1897, unpublished opinion, (Minn. Ct. App., January 5, 1999) (land use; easement)
    • American Iron v. Dubow, 1999 WL 326210, (Minn. Ct. App. 1999) (defamation; anti-SLAPP)
    • Geyer Rental, Inc. v. Landwehr Const., 2000 WL 1146750 (Minn. Ct. App., August 15, 2000) (indemnification)
    • In re Silicone Implant Ins. Coverage Litigation, 652 N.W.2d 46 (Minn. Ct. App. 2002) (insurance coverage)
    • Longrie v. Luthen, 662 N.W.2d 150 (Minn. Ct. App. 2003) (governmental liability)
    • Bundy v. Holmquist, 669 N.W.2d 627, 2003 WL 22290276 (Minn. Ct. App., October 7, 2003) (premises liability)
    • In re Silicone Implant Ins. Coverage Litigation, 667 N.W.2d 405 (Minn. 2003) (insurance coverage)
    • Bruns v. Pioneer Enterprises, 2003 WL 21790247 (Minn. Ct. App., August 5, 2003) (premises liability)
    • Tripp v. RAM Mut. Ins. Co., 2005 WL 3470345 (Minn. Ct. App., December 20, 2005) (no-fault insurance coverage)
    • Carlson ex rel. Carlson v. Hess, 2005 WL 3372772 (Minn. Ct. App., December 13, 2005) (negligence)
    • In Re Continental Casualty Co., 712 N.W.2d 215 (Minn. Ct. App. 2006) (insurance coverage; jurisdiction and venue)
    • Pahnke v. Anderson Moving and Storage, 720 N.W.2d 875 (Minn. Ct. App. 2006) (governmental immunity)
    • Haugud v. Isanti County, Minnesota Court of Appeals, A06-0813 (June 13, 2006) (land use)
    • Mahoney and Hagberg v. Newgard, 729 N.W.2d 302 (Minn. 2007) (defamation; absolute privilege)
    • Granlund v. Lumley, 2007 WL 1412910 (Minn. Ct. App., May 15, 2007) (trespass)
    • In Re Continental Casualty Company, 749 N.W.2d 797 (Minn. 2008) (insurance coverage; jurisdiction and venue)
    • Zephier v. Catholic Diocese of Sioux Falls, et al., 752 N.W.2d 658 (SD 2008) (statute of limitations)
    • Fayette v. Pennington County, Minnesota Court of Appeals, A08-0740 (June 3, 2008) (Petition for Writ of Certiorari; employment law)
    • Lake Carlos Area Ass’n v. Douglas County, 2008 WL 4007023 (Minn. Ct. App., September 2, 2008) (land use)
    • Marshall v. Esco Industries, Inc., 2009 WL 2927474 (Minn. Ct. App., September 15, 2009) (premises liability)
    • Rau v. Leininger, 2009 WL 2928099 (Minn. Ct. App., September 15, 2009) (premises liability)
    • Staab v. Diocese of St. Cloud, 780 N.W.2d 392, (Minn. Ct. App. 2010) (joint and several liability)
    • Grew v. Board of Adjustment of Town of Rice Lake, 2010 WL 3000038 (Minn. Ct. App. 2010) (land use)
    • Martin v. Martin, 2010 WL 4286217 (Minn. Ct. App. 2010) (collateral estoppel; immunity)
    • Kern v. Janson and Torborg, 2010 WL 3546867 (Minn. Ct. App. 2010) (splitting causes of action; collateral estoppel)
    • Kelly v. Holt, 2010 WL 3000193 (Minn. Ct. App. 2010) (inconsistent jury verdict)
    • Kern v. Janson and Torborg, 800 N.W.2d 126 (Minn. 2011) (splitting causes of action; collateral estoppel)
    • Johnson v. Mid American Auction Co., Inc., Minnesota Court of Appeals, A11-0201 (appeal dismissed) (collateral sources)
    • Staab v. Diocese of St. Cloud, 813 N.W.2d 68 (Minn. 2012) (joint and several liability)
    • Anderson v. Christopherson, 816 N.W.2d 626 (Minn. 2012) (amicus curiae) (dog owner liability)
    • Columbia Casualty Co. v. 3M, et al., 814 N.W.2d 33 (Minn. Ct. App. 2012) (insurance coverage; implied breach of covenant of good faith and fair dealing)
    • Bernie v. Catholic Diocese of Sioux Falls, et al., 821 N.W.2d 224 (SD 2012) (statute of limitations)
    • Staab v. Diocese of St. Cloud, (second appeal), 830 N.W.2d 40 (Minn. Ct. App. 2013) (reallocation under comparative fault statute)
    • Staab v. Diocese of St. Cloud, 853 N.W.2d 713 (Minn. 2014) (reallocation under comparative fault statute)
    • Kariniemi v. City of Rockford, Minnesota Supreme Court, A14- 0796, (MDLA Amicus Brief) (immunity) (decision pending).
    • Marchetti v. Bechtold, et al, 141 F.3d 1169 (8th Circuit Court of Appeals 1998) (governmental immunity)
    • Mielke v. MN Douglas County, 1998 WL 97-2814 (8th Circuit Court of Appeals) (governmental immunity)
    • K.D. v. County of Crow Wing, 434 F.3d 1051 (8th Cir. 2006) (governmental liability)
    • Hanger v. Lake County, 390 F.3d 579 (8th Cir. 2004) (FMLA; employment law)
    • Doucette v. Morrison County, 763 F.3d 978 (8th Cir. 2014) (discrimination under MHRA)
  • Honors and Awards
    • AV Rated attorney by Martindale-Hubbell
    • Minnesota Super Lawyer
    • Top 50 Women Attorneys in Minnesota in 2014
  • Professional Associations and Memberships
    • Association of Defense Trial Attorneys, State Chair, 2009 - Present
    • Association of Defense Trial Attorneys, Executive Council, Class of 2016
    • DRI
    • John E. Simonett American Inn of Court, President, 2007 - 2008
    • Minnesota Defense Lawyers Association, Board of Directors, 2006 - Present
    • Minnesota Defense Lawyers Association, Secretary, 2011 - 2012
    • Minnesota Defense Lawyers Association, Treasurer, 2012 - 2013
    • Minnesota Defense Lawyers Association, Vice President, 2013 - 2014
    • Minnesota Defense Lawyers Association, President, 2014 - 2015
    • Minnesota Defense Lawyers Association, President Emeritus, 2015 - 2016
    • Minnesota State Bar Association, Outstate Representative to the MSBA’s 15 member Council, 2013 - Present
    • Minnesota State Bar Association, Chair of the Association’s Governance Committee, 2015 - Present
    • Minnesota State Bar Association, Minnesota Women Lawyers Association's representative to the Council, 2006 - 2012
    • Minnesota State Bar Association, Co-Chair of the Association's Women and the Legal Profession Committee, 2004 - 2005
    • Minnesota State Bar Association, Chair of the Associations Elections and Appointments Committee, 2011 - 2013
    • Minnesota State Bar Association, Member of Assembly, Operations Committee, Elections and Appointments Committee, Judicial Elections Committee and Mock Trial Advisory Committee (various start dates to Present)
    • South Dakota Bar Association
    • Minnesota Women Lawyers Association, Organizer, Central Minnesota Chapter
    • Minnesota Women Lawyers Association, President, Central Minnesota Chapter, 1999
    • Minnesota Women Lawyers Association, Chapter Liaison to Board of Directors, 2004 - 2010
    • Minnesota Women Lawyers Association, Advisory Board, 2013 - Present
    • Minnesota CLE, Board of Directors, 2012 - Present
    • Seventh Judicial District Bar Association, Secretary/Treasurer, 2002 - Present
    • Stearns/Benton County Bar Association, Program Committee Chair, 1996-97; 1997-98
    • Stearns/Benton County Bar Association, Secretary/Treasurer, 1998 - 1999
    • Stearns/Benton County Bar Association, Vice President, 1999 - 2000
    • Stearns/Benton County Bar Association, President, 2000 - 2001
    • Stearns/Benton County Bar Association, Editor, Association Newsletter, 1998 - 1999
    • Apollo High School Mock Trial Invitational Tournament, Coordinator, 1994 - Present
  • Past Employment Positions
    • State of Minnesota, Judicial Law Clerk, 1993 - 1994
  • Pro Bono Activities
    • Volunteer Attorney Coach, Apollo High School Mock Trial Team, 1994 - 1999
    • Organizer, Apollo Invitational Mock Trial Tournament, 1994 - Present
    • Volunteer Judge, MSBA Mock Trial State Tournament, 1997 - Present
    • Coordinator, Caritas Adopt-a-Family "Share the Spirit" Drive (QSST), 1994 - 1997
    • Coordinator, Woman House Christmas Gift Drive (Q&H), 1998
    • William Mitchell College of Law, Mentor Program, 1996 - 1997
    • Central Minnesota Emergency Services Chaplaincy, Board Member, 2003 - 2008
    • William Mitchell College of Law, Alumni Board Member, 2006 - 2009
  • Fraternities/Sororities
    • Delta Theta Phi