Quinlivan & Hughes, P.A.

Rachael Holthaus was born and raised in the St. Cloud area. She was admitted to the Minnesota Bar in May 2013 and joined the firm as an associate at that time. She received her B.S. from the University of Wisconsin-River Falls (Business Administration with a Minor in Spanish) in 2009 and her J.D. from William Mitchell College of Law in 2013.  While in law school, Rachael worked as a law clerk at Acumen Legal Advisors, PLLC where she assisted in business law and real estate matters.  She also externed at Hennepin County District Court and was a research assistant for Professor John O. Sonsteng.  Rachael was also involved in William Mitchell's moot court competition where she competed in the New York Bar Association National Competition.

 

Dyan J. Ebert  has been invited to become a member of the Association of Defense Trial Attorney’s Executive Council. She will be one of nine council members selected from the United States and Canada to serve on the Council. The ADTA limits membership to one prime member with at least 5 years of experience in civil trial defense for every million in population. John Quinlivan who recently passed in September 2012 served as the Association’s President from 1981-92. Dyan has been an associate member under John Quinlivan and assumed his prime membership after he retired from practice.

Jolene Schley was born and raised in the St. Cloud area.  She was admitted to the Minnesota Bar in May 2006 and joined the firm as an associate in February 2013. She received her B.A. from The College of St. Benedict (Political Science) in 2002 and her J.D. from the University of St. Thomas School of Law in 2005.  Prior to joining Quinlivan & Hughes, Ms. Schley was Legal/Compliance/Credit Administration Officer at Maple Bank in Champlin.  Jolene practices in the areas of Business and Corporate Law, Wills, Probate Estate Planning, Trusts and Real Estate.

 

 

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Shelly Davis, a long-time member of our litigation team, has made the decision to join MMIC Group as a Senior Claim Consultant effective Monday, February 11, 2013. Shelly will be missed but we congratulate Shelly on her new position and wish her personal and professional success at MMIC Group. 

On September 27, 2009, Gordon Anderson was walking his dog, Tuffy, past Dennis Christopherson’s house. As the two walked past the home, Bruno, a dog owned by Mr. Christopherson’s son, Neil, picked Tuffy up in his jaws and would not release him. While Anderson was attempting to separate the dogs, he fell and broke his hip.

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On October 22, 2012, Quinlivan & Hughes, P.A. attorneys Tom Christenson and Garin Strobl were affirmed by the Workers’ Compensation Court of Appeals. Mr. Christenson and Ms. Strobl represented the employer and insurer in a case involving an employee who alleged that she suffered significant permanent injuries after a four-year-old child bumped into her during school. The Compensation Judge adopted the expert opinion of the employer/insurer and found that the injuries that employee sustained from the incident had resolved by April 23, 2010.  The employee subsequently appealed.

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CapX2020 Project   

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John Dennis Quinlivan
1936 - 2012
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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.

Mr. Cunningham practices in the area of Tax Law, Creditor Remedies, Business and Corporate Law, Business Succession and Estate Planning.

On May 9, 2012, Quinlivan & Hughes attorney Mike LaFountaine obtained a defense verdict for his clients in a case involving a fall from a terrace. The case was venued in Alexandria, Douglas County, before Judge Ann Carrott.

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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. A full summary of the case can be found here: Staab v. Diocese of St. Cloud

Michael 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.

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.

Mr...

Michael Joseph Ford
1948 - 2012

Quinlivan & Hughes attorneys Michael D. LaFountaine, Dyan Ebert, and Laura Moehrle recently received a favorable ruling from the Minnesota Supreme Court in Staab v. Archdiocese 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. A full summary of the case can be found here: Staab v. Archdiocese of St. Cloud

Michael 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.