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...
Litigation News
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...
Minnesota Court of Appeals issues opinion on Getz v. Peace, et al. that will impact recovery for Medicaid beneficiaries in personal injury cases.
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...
Ebert Named to American Board of Trial Advocates
Dyan Ebert has been named a member of the American Board of Trial Advocates (ABOTA). This national association of experienced trial lawyers and judges is by invitation only. ABOTA, founded in 1957, focuses on elevating the ethical and technical standards of the legal...
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...
Big Win for Rajkowski, Holthaus Supreme Court Rules in Favor of Landowners
On March 4, 2015 the Supreme Court issued a ruling stating that utility companies must purchase a property in whole for fair market value if it constructs a 200KV or larger power line, and the line crosses any contiguous and commercially viable land. Quinlivan &...
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...
Michael LaFountaine Obtains Result Greatly Limiting Damages
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...
Favorable Ruling From the Minnesota Supreme Court in Staab v. Diocese of St. Cloud
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...
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...