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Cousineau Malone, P.A. Donates to Law Day Fundraising for Legal Aid

Shareholders Jessica Theisen, Tami Novotny, Rachel Beauchamp, and Stephanie Maser were proud to attend the Law Day Fundraising event on behalf of Cousineau Malone, P.A. Cousineau Malone supports Mid-Minnesota Legal Aid’s commitment to providing access to justice for many Minnesota residents with low income, disabilities, and/or Seniors, and who in need of legal representation in order to access the court system and obtain justice in a variety of areas including but not limited to housing and disability issues.  More than $200,000 was raised for Mid-Minnesota Legal Aid at the dinner; which is nearly equal to four attorney salaries at Legal  … Read more

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Attorneys Malone and Novotny prevail on multi-vehicle accident summary judgment motion 

In a Wisconsin lawsuit involving a plaintiff, who sued the drivers, employers, and insurers of nearly 40 vehicles involved in multiple accidents in white-out conditions, attorneys Malone and Novotny obtained summary judgment for their driver, motor carrier, and insurer, with the court finding the plaintiff failed to present sufficient evidence of any causal connection between his injuries and most of the other vehicles on the highway, including our clients.  

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Attorneys Malone and Novotny prevail at Minnesota Court of Appeals on Vicarious Liability Assault Case

Attorneys Malone and Novotny were pleased to obtain an Order affirming the district court’s grant of summary judgment on a case alleging our motor carrier client was vicarious liability for its driver’s assault of another commercial driver while refueling.  The district court judge found that a vocational consultant was not qualified to provide an opinion that assaults are a well-known hazard in the trucking industry and, therefore, the plaintiff failed to establish a genuine issue of material fact as to foreseeability.  The court of appeals affirmed, finding the district court did not abuse its discretion in excluding the expert’s affidavit  … Read more

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Attorney Beauchamp Prevails at Minnesota Court of Appeals on Premises Liability Judgment

Attorney Beauchamp was pleased to present her client with a victory at the Minnesota Court of Appeals on a premises liability claim.  The claim involved the interplay of negligence with contract issues between a landlord and an apartment tenant with regards to winter snow and ice removal obligations.  Beauchamp brought two separate summary judgment motions at the district court level; then, after receiving summary judgment, Beauchamp successfully wrote and argued the appeal.  In its affirming decision, the Minnesota Court of Appeals declined to revise the long-standing principles of duty in winter slip and ice conditions; and, declined to revise the  … Read more

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CVMM Prepares Meal at Sojourner

On Monday, October 17, 2022, CVMM attorneys and staff had the pleasure of preparing dinner for guests at Sojourner Project. In addition to the meal, several items from Sojourner’s Wish List were donated. Sojourner’s mission is to provide emergency shelter, support, and legal advocacy services to those victimized by domestic violence and other forms of interpersonal violence. Sojourner conducts outreach activities and specifically designed presentations to heighten public awareness and engage groups and individuals in educational opportunities to prevent future victims and abusers. The shelter also operates and staffs a 24-hour crisis line. All Sojourner services are confidential and free of charge.  … Read more

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Cousineau Lawyers Recognized in 2023 Edition of Best Lawyers in America ©

Cousineau, Van Bergen, McNee & Malone (n/k/a Cousineau Malone, P.A.) is proud to announce that four of our attorneys have been recognized in the 2023 Edition of The Best Lawyers in America ©. Congratulations to Christopher P. Malone (Litigation – Insurance and Transportation Law), Peter G. Van Bergen (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants), Susan D. Thurmer (Personal Injury Litigation-Defendants and Railroad Law) and and Michael C. Lindberg  (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants). Recognition by Best Lawyers is based entirely on peer review. Their process captures, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the  … Read more

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CVMM Celebrates 50 Years of Title IX and its Promotion of Women Leadership

CVMM celebrates the 50th Anniversary of Title IX, by recognizing its impact on CVMM!  Title IX was passed in 1972 and is only 39 words long, reading “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” One of the largest effects of Title IX has been the increased opportunities for girls and women to participate in athletic programs at the high school and college level. Research shows that women and girls who  … Read more

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CVMM Attorneys Included on 2022 Minnesota Super Lawyers List

Cousineau, Van Bergen, McNee & Malone is pleased to announce that Peter G. Van Bergen, Christopher P. Malone, Jessica J. Theisen, Rachel R. Beauchamp, Tamara L. Novotny, Susan D. Thurmer and Michael C. Lindberg have been selected for inclusion on the 2022 Minnesota Super Lawyers list. In addition, Peter M. Lindberg has been selected as a 2022 Minnesota Rising Star. Each year, Super Lawyers selects attorneys from all firm sizes using a detailed selection process that includes peer nominations, independent research and peer evaluations. The list of Super Lawyers is published as a special section in Super Lawyers Magazine and in leading  … Read more

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Stephanie Maser Named Shareholder

Cousineau, Van Bergen, McNee & Malone is pleased to announce that Stephanie Maser has become a Shareholder with the firm.  Maser practices in Minnesota and Wisconsin in the areas retail premises liability, professional liability including litigation and licensure matters, utilities, product liability, cemetery and mortuary law, subrogation, motor vehicle defense and general civil litigation.  Maser earned her J.D. from Hamline University School of Law. To learn more about Stephanie Maser, please visit her attorney profile at https://cousineaulaw.com/attorneys/maser-stephanie-n/.

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Shareholders Christopher Malone and Rachel Beauchamp Present at Motor Vehicle Accident Deskbook Annual MN CLE

On June 1, 2022, Shareholders Christopher Malone and Rachel Beauchamp presented before approximately 25 live and 122 on-line attendees at the annual Minnesota Motor Vehicle Accident Deskbook Continuing Legal Education conference.   Chris and Rachel presented on their favorite topic, Commercial Trucking Defense, including immediate accident response and investigation, key data relevant to accidents and defenses, and recent changes to no-fault indemnity claims regarding pickup trucks .  As a highlight, Judge Thomas Gilligan, speaking at the CLE, stated that he kept a copy of the Minnesota Motor Vehicle Deskbook next to his desk when he was in private practice; and continues  … Read more

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CVMM Congratulates Shareholder Christopher Malone On A Directed Verdict After A Four Day Jury Trial.

Shareholder Christopher Malone was proud to defend Muska Plumbing from claims that it was negligent with regards to the safety of its employee, Plaintiff Kane Knutson, while working at Hawkins Chemical.  After testimony from many fact witnesses and two expert witnesses, the judge ruled that Muska was not negligent as a matter of law because Hawkins Chemical had the sole ability to control the worksite and warn of any potential hazards.  The jury proceeded to find liability against Hawkins Chemical and awarded over $2.2 million for Kane Knutson’s personal injuries.  It was a pleasure to assist our client through the  … Read more

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CVMM Congratulates Meaghan Bryan and Peter Lindberg for Securing Official Immunity for The State of Minnesota Following a Four-Day Jury Trial.

Meaghan Bryan and attorney Peter Lindberg were proud to defend a former Minnesota State Patrol Trooper who was involved in a motor vehicle accident when he entered an intersection against a red light and collided with another vehicle, allegedly causing the death of one of the vehicle’s occupants.  Before trial, Bryan filed a motion for summary judgment on official immunity grounds, which was denied because there was a factual dispute over whether the Trooper sounded his siren prior to entering the intersection.  The matter proceeded to a jury trial in Ramsey County, and, after testimony from many fact witnesses and  … Read more

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Shareholder Jessica J. Theisen achieves successful outcome for her client after a three-day jury trial.

Shareholder Jessica J. Theisen was pleased to achieve a successful outcome for her client after a three-day jury trial in Hennepin County, MN. This personal injury trial arose out of a motor vehicle accident between a SUV and straight truck.  Both liability and damages were at issue. After testimony from several fact witnesses and four expert witnesses, the jury found each party 50% at fault. The jury also declined to award Plaintiff all her claimed past medical expenses and significantly less future medical expenses and past and future pain and suffering than she requested at trial.  Although the jury awarded  … Read more

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Rachel Beauchamp and Stephanie Maser Attend MDLA Mid-Winter Conference

Shareholder and MDLA Board Member Rachel Beauchamp and Associate Stephanie Maser recently attended the Minnesota Defense Lawyers Association’s Mid-Winter Conference.  This conference was focused on understanding and strengthening the relationship between litigation attorneys and in-house attorneys and/or claims adjusters; and, on increasing diversity and opportunity within defense law firms in Minnesota.  Families were welcome, and Rachel and Stephanie’s daughters brought extra joy to the evening festivities.

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Minnesota Supreme Court Holds That Common Interest Associations Are Only Required to Disclose Records That Fall Within The Categories Listed in Minn. Stat. § 515B.3-118, Which Includes “Records of Membership”.

On April 6, 2022, the Minnesota Supreme Court held that a request for records by a member of a common interest association must be granted only if such request falls within the categories listed under Minn. Stat. § 515B.3-118. Interpretation of this statute rests on the meaning of the phrase “all records … shall be made reasonably available for examination.” The Court determined that “all records” is limited to the certain categories listed in the statute but goes beyond the statutorily minimum required records if that record is included in one of the previously mentioned categories. In the underlying action,  … Read more

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CVMM Congratulates Michael Barrett and Meaghan Bryan on a Defense Verdict Following a Six-Day Jury Trial.

Attorneys Michael Barrett and Meaghan Bryan were proud to defend a family owned business and property owner from claims that it was negligent and in breach of its lease agreement with a commercial tenant, when a roof replacement project that was negligently performed by a roofing contractor resulted in flooding and property damage to the leased premises.   After testimony from many fact witnesses and three expert witnesses, the jury found that our client had no fault with regards to the Plaintiff/commercial tenant’s damages.  It was a pleasure to assist our client through the defense of this stressful case and we were very happy  … Read more

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Minnesota Supreme Court holds that summary judgment is no longer available in slip and fall cases when a plaintiff’s theory of liability rests on speculation and inference that a known hazard caused the injury; this is a dramatic revision to Minnesota slip and fall litigation.

Staub v. Myrtle Lake, LLC & James Lown Minnesota Supreme Court 09/22/2021 On September 22, 2021, the Minnesota Supreme Court held that a plaintiff’s assertion that an alleged dangerous stairway condition caused a fall that resulted in a death, with no direct evidence regarding the cause of the fall, was enough to allow the plaintiffs’ claim to survive summary judgment. This holding is a marked departure from prior slip and fall case law, in which Minnesota courts have previously granted summary judgment to the defense in cases that would require a jury to engage in speculation to determine the cause  … Read more

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CVMM Congratulates Shareholders Michael Barrett and Rachel Beauchamp on a defense verdict after a three-day jury trial

Shareholders Barrett and Beauchamp were proud to defend a family owned business from claims that it was negligent with regards to the sales and servicing of equipment which the plaintiff claimed had malfunctioned and partially amputated her finger.  After testimony from many fact witnesses and three expert witnesses, the jury found our client had no fault with regards to the Plaintiff’s accident and resulting injury.  It was a pleasure to assist our client through the defense of this stressful case and we were very happy they received the peace of mind that comes from a jury agreeing that our client  … Read more

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CVMM Lawyers Recognized in 2022 Edition of Best Lawyers in America ©

Cousineau, Van Bergen, McNee & Malone is proud to announce that four of our attorneys have been recognized in the 2022 Edition of The Best Lawyers in America ©. Congratulations to Michael C. Lindberg (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants), Christopher P. Malone (Litigation – Insurance and Transportation Law), Susan D. Thurmer (Personal Injury Litigation-Defendants and Railroad Law) and Peter G. Van Bergen (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants). Recognition by Best Lawyers is based entirely on peer review. Their process captures, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical  … Read more

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CVMM Attorneys Included on 2021 Minnesota Super Lawyers List

Cousineau, Van Bergen, McNee & Malone is proud to announce that Peter G. Van Bergen, Christopher P. Malone, Jessica J. Theisen, Meaghan C. Bryan, Tamara L. Novotny, Michael C. Lindberg and Susan D. Thurmer have been selected for inclusion on the 2021 Minnesota Super Lawyer list. We are also proud to announce that Peter M. Lindberg has been selected as a 2021 Minnesota Rising Star. Each year, Super Lawyers selects attorneys from all firm sizes using a detailed selection process that includes peer nominations, independent research and peer evaluations. The list of Super Lawyers is published as a special section  … Read more