Litigation News Archives

Kjellberg-Nelson Appointed to Board of Minnesota Defense Lawyers Association

Cally Kjellberg NelsonThe Minnesota Defense Lawyers Association (MDLA) appointed Quinlivan & Hughes attorney Cally Kjellberg-Nelson to its Board of Directors. She will serve a two-year term on the state board that provides leadership and assistance for litigators across Minnesota.

Changing the Way We Litigate Minnesota Cases Major Civil Rules Changes Effective July 1

The Minnesota Supreme Court has just handed down some major revisions to the civil rules (found HERE). These changes will result in some significant changes in the way our civil cases are handled. The changes were just handed down yesterday and will be effective July 1, 2013. The issues of most concern to claims handlers have been summarized in the five numbered points at the end of the article. 

CapX2020 Eminent Domain

CapX2020 Project CapX2020 is a joint initiative of 11 transmission-owning utilities in Minnesota, North and South Dakota, and Wisconsin to expand the electric transmission grid. CapX2020 will follow the I-94 corridor and will use eminent domain, the taking of private property for the public good, as it is needed. The high voltage lines are expected to be constructed and transmitting electricity by 2014.

Michael LaFountaine Obtains Result Greatly Limiting Damages

Mike LaFountaineMichael LaFountaine started 2012 with a trial in Long Prairie before Todd County Judge Jay Carlson. Mr. LaFountaine represented the driver of a vehicle that was in the passing lane when the vehicle being passed turned left into a driveway. The driver and passenger of the vehicle that was turning left both sued Mr. LaFountaine's client and asked the jury for more than 1.2 million dollars. The jury placed fault on both drivers, but determined that the total damages payable to the Plaintiffs will amount to something between $27,000 and $43,000 for the driver (depending upon post trial motions) and $10,000 for the passenger. 

Favorable Ruling From the Minnesota Supreme Court in Staab v. Diocese of St. Cloud

Mike LaFountaineDyan EbertLaura Moehrle
Quinlivan & Hughes attorneys Michael D. LaFountaine, Dyan Ebert, and Laura Moehrle recently received a favorable ruling from the Minnesota Supreme Court in Staab v. Diocese of St. Cloud. The decision, handed down by the Supreme Court on April 18, 2012, holds that a tortfeasor who is 50% or less at fault pays only that percentage-even if the remaining fault was placed on a tortfeasor who was not a party to the action. This is a landmark decision which supports the principle that defendants should only be liable for their own fault and should not be required to pay percentages of fault attributable to others. 

Robert Cunningham Saves Client Approximately $1.8 Million in Taxes

Quinlivan & Hughes tax attorney Robert Cunningham just concluded the 3-year process of representing his client in a tax dispute against the IRS. Mr. Cunningham successfully appealed the client's IRS audit to the U.S. Tax Court, ultimately saving his client approximately $1.8 million in taxes. 

Minnesota Counties Intergovernmental Trust (MCIT) Publishes Booklet on Governmental Immunities for Member Counties Authored by Attorney Ken Bayliss

Kenneth BaylissMr. Bayliss comes by his interest in governmental immunities naturally, having spent the first ten years of his career in the Tort Claims Division and the Employment Law Division of the Minnesota Attorney General's Office. Ken's current practice involves litigation concerning government liability, general insurance defense, premises liability, construction accident liability, and business litigation. He is a past chair of the Minnesota State Bar Association's Civil Litigation Section and of the law firm's Insurance Defense Group. He is the current chair of the firm's Appellate Practice Group. Quinlivan & Hughes attorney Kenneth Bayliss, long a student of issues relating to governmental immunities, has had a booklet on immunities circulated to local governments. The Minnesota Counties Intergovernmental Trust (MCIT) recently made his booklet, a comprehensive summary of immunities, available to Minnesota local governments. 

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