October 2019 Archives

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.

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