The Court of Appeals held that Medicaid discounts are not collateral sources subject to offset under Minnesota Statute §548.251 and Swanson v. Brewster. As a result, a plaintiff can collect the entire amount billed by a health care provider at trial, even if Medicaid paid less than the billed amount to satisfy the bill.
Minnesota Court of Appeals issues opinion on Getz v. Peace, et al. that will impact recovery for Medicaid beneficiaries in personal injury cases.
Sogge appointed as Minnesota Women Lawyer's liaison to the Minnesota State Bar Association Assembly.
Attorney Jessie Sogge of Quinlivan & Hughes has accepted an appointment to serve as the Minnesota Women Lawyer's liaison to the Minnesota State Bar Association Assembly (MSBA) during the 2018/19 fiscal year.
As a member of the Assembly, Sogge will address issues that have a substantial bearing on the legal profession. Sogge will attend Assembly meetings and participate in one of five Assembly Committees. As a liaison for Minnesota Women Lawyers association (MWL), Sogge will report on important items that the Assembly is addressing and consult with MWL to determine specific issues to bring to the Assembly's attention.
The Willmar Rail Connector & Industrial Access Project (Willmar WYE) may impact homeowners and business owners.
The Willmar Rail Connector & Industrial Access Project (Willmar WYE) may impact Kandiyohi County homeowners and business owners along the planned route. A project of this type can raise many questions that are difficult to answer. Attorney Mike Rajkowski at Quinlivan & Hughes can answer questions or concerns you may have about your property being a part of the planned project. Quinlivan & Hughes Law Firm is experienced in dealing with matters such as right-of-way acquisitions, eminent domain, condemnation, and even relocation benefits.
Ebert Elected Treasurer of Minnesota Bar Association
Only Second from St. Cloud Since 1883
(ST. CLOUD, Minn.) - Dyan Ebert of Quinlivan & Hughes has been elected treasurer of the Minnesota State Bar Association and will serve as president in three years.
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.
Quinlivan & Hughes office will be closed July 31 from 8:00 A.M. until 1:00 P.M.
Due to power utility work by Xcel Energy in St. Cloud, Quinlivan & Hughes will be closed Tuesday, July 31 from 8:00 A.M. until 1:00 P.M. This will mean disruption in phone service and e-mail capabilities. We apoligize for the inconvienience. Please try to reach us again after 1:00 P.M.
Minnesota Supreme Court hands down an important decision interpreting the "three strikes rule" found in Minnesota's Open Meeting Law.
The Open Meeting Law provides that an official can be removed from office after three intentional violations. In Funk v. O'Connor, the Minnesota Supreme Court holds that the "three strikes rule" requires that the three violations must be determined by "separate, serial actions," with the third action brought following an earlier adjudication finding intentional violations.
The Right to Work Debate is Over. Public Section Unions Cannot Compel Employees to Pay Agency Fees
The Supreme Court in Janus v. AFSCME recently rendered a decision that will have a major impact on public sector unions. It determined that a public sector union's practice of charging "agency fees" to employees who choose not to join the union violates the First Amendment of the United States Constitution.
Ebert, Moehrle, Schwegman Named Super Lawyers Kjellberg-Nelson Receives Rising Star Honor
Four attorneys at Quinlivan & Hughes have been recognized among the best attorneys in Minnesota by Super Lawyers. Dyan Ebert, Laura Moehrle and Steven Schwegman have been named 2018 Super Lawyers and Cally Kjellberg-Nelson has been named a 2018 Rising Star.
Each year, no more than 5 percent of the lawyers in the state are recognized as Super Lawyers and no more than 2.5 percent receive the Rising Star honor. Super Lawyers, a part of Thomson Reuters, recognizes lawyers who have attained a high degree of peer recognition and professional achievement.
U.S. Supreme Court Upholds Constitutionality of Minnesota Automatic Revocation of Beneficiary Designation Statute
On June 11, 2018, the United States Supreme Court upheld the retroactive application of a 2002 Minnesota statute which established a default rule that "the dissolution or annulment of a marriage revokes any revocable...beneficiary designation...made by an individual to the individual's former spouse." Minn. Stat. § 524.2-804, subd. 1. Under the statute, a beneficiary designation by one spouse naming the other a beneficiary of a life insurance policy or similar asset, is automatically revoked by a divorce of the spouses, leaving proceeds to the contingent beneficiary or to the estate of the deceased policy owner.
Kenneth Bayliss, a member of the firm's Government Law Practice Group, Successfully Defends County's Denial of a Variance at Court of Appeals
Quinlivan & Hughes attorney Kenneth Bayliss, a member of the firm's Government Law Practice Group, successfully represented Le Sueur County in Davis v. Le Sueur County, a dispute relating to denial of a variance to construct a pool and pool shed on a peninsula overlooking a lake. In this hard-fought dispute, the landowner tore down an existing home on the peninsula and sought variances to build a new home, a pool shed, and a pool on the property. All of these were proposed to be built within the setback distance from the lake and would be prominently located on the peninsula. The Board of Adjustment granted a variance for the home, but denied the variance for the pool shed and the pool.
