Legal News

The Minnesota Supreme Court issued a decision in Getz v. Peace, et. al. that will impact recovery for Medicaid beneficiaries in personal injury cases.

On October 16, 2019, the Minnesota Supreme Court issued a decision in Getz v. Peace, et. al. that will impact recovery for Medicaid beneficiaries in personal injury cases. The Supreme Court held that discounts received by Medicaid are not collateral sources subject to offset. As a result, plaintiffs will be entitled to receive, and defendants will be required to pay, the amount of medical bills awarded by a jury even if the amount actually accepted by the health care provided in full satisfaction of those bills was less than the amount awarded.

Minnesota Supreme Court Limits Right Of Public Employers To Restructure Operations When Doing So Threatens Elimination Of Union

In the recent case of Firefighters Union Local 4725 v. City of Brainerd, the Minnesota Supreme Court ruled that despite a provision in the Public Employment Labor Relations Act (PELRA) that allows public employers to restructure their operations without an obligation "to meet and negotiate on matters of inherent managerial policy," a restructuring that has the effect of eliminating the union or all union positions is prohibited because it violates PELRA's "unfair labor practices" provisions.

The case arises out of the City of Brainerd's reaction to increased firefighting expenses and its decision to convert its forces from a fulltime firefighting force to paid on-call firefighters, who receive nominal compensation and limited benefits. After wrestling with the decision of whether to restructure its firefighting force for several years, the City decided to restructure its fire department to save money. The Local vigorously opposed this restructuring because the change eliminated the positions of all of the Local's union members.

Is your property in jeopardy of being impacted as a part of a government project such as a road project or a utility project?

Every year, government entities use eminent domain rights to claim land from private citizens and businesses around the state. One such project is a MnDOT project where they are currently considering layout options for a Hwy 169 in Elk River that would have a proposed completion date of 2023 to 2024. This project may significantly affect landowners and business owners along the highway in Elk River. A public information meeting is planned for the fall of 2019 to discuss the initial plan. The plan involves several controlled intersections being removed and new interchanges and access ramps being constructed.

Ebert Named President-Elect of Minnesota State Bar Association

Dyan J. Ebert

Only Second from St. Cloud Since 1883

Dyan Ebert of Quinlivan & Hughes has been named President-Elect of the Minnesota State Bar Association and will serve as president next year. The election took place at the MSBA Annual Convention held June 27-28, 2019.

Ebert is the second Quinlivan & Hughes attorney to serve as an officer of the association and become president. Mike Ford served as president of the Minnesota State Bar Association in 2008.

They are the only two attorneys to serve in that role from St. Cloud since the association began in 1883.

"I am humbled and honored to serve in this important position," said Ebert. "The MSBA plays a significant role in supporting and advocating for the profession across Minnesota."

Minnesota Enacts Wage Theft Law and Increases Employers' Wage and Hour Obligations

Minnesota's just passed perhaps the greatest change to Minnesota wage and hour law in recent years. The law greatly expands employee protections, creates additional administrative requirements for employers, and imposes criminal penalties for employers that engage in "wage theft." A general overview of the details is discussed below.

Employers need to be aware of these sweeping changes and act to ensure compliance. Employers that would like assistance in making the necessary changes now so that they have their best practices and polices in place by the time the law goes into effect are encouraged to contact the Employment Law Group at Quinlivan & Hughes, P.A by phone at 320-200-4928.

Look Boss, No Hands! Minnesota's New Hands Free Driving Law and its Impact on Employers

Beginning on August 1, 2019, Minnesota will join many other states and begin enforcement of a new law that requires hands free operation of a mobile device while driving a motor vehicle. The law recognizes the public safety issue and the fact that technology has eliminated the need to physically hold a cell phone in order to operate it while driving.

Recent Decision Signals Shift In Court's Perception Of What Constitutes Insurer Bad Faith In First-party Actions.

On Monday, the Minnesota Court of Appeals handed down a decision that could have far-ranging impacts for insurance companies. The decision in Peterson v. W. Nat'l Mut. Ins. Co., No. A18-1081, 2019 WL 2332400 (Minn. Ct. App. June 3, 2019), suggests that insurance companies' fears about impacts of the 2008 bad faith statute, Minnesota Stat. § 604.18, which imposes liability on insurers that fail to settle first-party cases in "good faith," may come true. The following are the four main takeaways from this decision. I have also attempted to distill the case down to a few pages in the following sections.

Q&H Seeks Associate Attorney for Insurance Defense and Litigation Practice Group.

Quinlivan & Hughes law firm seeks a dynamic individual to join a growing insurance defense and litigation practice.

The ideal candidate should have 0-5 years of experience in litigation, excellent writing, and drafting skills, and an ability to work in a collaborative team environment. Candidates with specific experience, skills, or interest in medical malpractice defense, employment defense litigation, and automobile defense litigation are preferred. The salary for the position depends on experience.

Quinlivan & Hughes presented the 2019 Leadership Award from Minnesota Women Lawyers.

(ST. CLOUD, Minn.) - Quinlivan & Hughes, P.A. was awarded the 2019 Leadership Award from Minnesota Women Lawyers for its efforts to enhance the status, influence, and effectiveness of women lawyers in their employ.

The award was presented to Quinlivan & Hughes for consistent effort to empower and encourage women lawyers to hold leadership positions both within the firm and in outside associations and membership organizations. The firm was also recognized for providing a flexible work environment and building a culture in which attorneys, regardless of gender, empower and uplift one another through encouragement, training, and mentorship.

The Department of Labor Proposed to Significantly Raise the Minimum Salary Requirements for Certain Exempt Employees (Again!)

No, this is not an old article from 2016. But it does revisit a hot topic from just over two years ago that had the business community clambering. As most employers recall, a little over two years ago owners, managers, and human resource personnel were bracing for the Department of Labor's ("DOL") much anticipated revision of overtime rules that were set to affect millions of employees currently classified as exempt under the federal Fair Labor Standards Act's Executive, Administrative, or Professional exemptions, commonly referred to as the "white collar exemptions."

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