Rachel is a shareholder at Cousineau Malone; she practices in all areas of insurance defense, but her specialties are transportation law (primarily commercial trucking, but also including FELA, and admiralty), insurance coverage and appellate law. She has additional experience in personal injury, premises liability, subrogation, dram shop, and construction defect litigation. In addition, Rachel has significant experience working in the still developing body of law specifically applicable to homeowners’ associations and their insurers which involves an overlap between tort, contract, and corporate law; she accepts private HOA clients. Her practice includes all aspects of litigation from initial report of a possible claim, initial investigation and evidence preservation, through negotiation, trial, and any appeal process.
Rachel is a member of the Minnesota Defense Lawyers Association Board of Directors. In her Board of Directors position and in her work at Cousineau Malone, P.A. Rachel prioritizes education and training. She provides annual presentations to clients and lawyers on Minnesota law, Wisconsin law, Commercial Trucking, and various other issue-specific topics upon request.
When she is not working, Rachel loves gardening, reading, and promoting community involvement in the arts and education. She is a former Board Member of the Walking Shadow Theater Company (2012-2013), and has been a performing artist with the Minnesota Art Shanty Projects nearly every year it has been on ice since 2010.
Legal Team
Paralegal:
Jody L. Fronek
952-525-6979
jfronek@cousineaulaw.com
Legal Secretary:
Deb Lantto
952-525-6975
dlantto@cousineaulaw.com
Phone
952-525-6959Bar Admissions
- Wisconsin, 2015
- U.S. District Court, District of Minnesota, 2013
- Minnesota, 2009
- Colorado, 2008
Publications
- Author, Amended Rule 5.04, What is it Good For? Minnesota Defense, Fall 2016.
- Editor, MDLA magazine “For the Defense.” 2012 – 2021.
- Author, 62Q AND YOU! An esoteric procedural no-fault love story, Bench & Bar of Minnesota, Volume LXXIV No. XI, December, 2017.
- Co-Author, Same As it Ever Was: Lambertson Contribution in a Post-Fish v. Ramler World, Minnesota Defense Vol. 41 Issue 1 (Spring 2020).
- Executive Editor, MDLA magazine “For the Defense.” 2022 – present
- Speaker, Trucking Accident Cases, Minnesota Motor Vehicle Deskbook Seminar, 2018 & 2019 – 2022
Presentations
- Speaker, Victory Even in Defeat: Making Rule 68 Offers Work for Your Clients, MDLA Winter Conference, 2015
- Speaker, Defense Against the Dark Arts, Motion Practice in Commercial Trucking Defense, MDLA Winter Conference, 2020
- Speaker, Trucking Accident Cases, Minnesota Motor Vehicle Deskbook Seminar, 2018 & 2019
Education
- J.D., magna cum laude, William Mitchell College of Law, 2008
- CALI Award Recipient: Corporations, Constitutional Law – Liberties, and Practicum
- Rosalie Wahl Moot Court Competition, First Place
- B.A., University of Minnesota, 2000
Associations & Memberships
- Minnesota Defense Lawyers Association
- Minnesota State Bar Association
- Wisconsin State Bar Association
- Trucking Insurance Defense Association (TIDA)
- ILCM Naturalization Project – Attorney (2016-Present)
- Co-Head MDLA Insurance Law Committee, 2018-2019
- Rosalie Wahl Moot Court – Judge (2009-2012)
- William Mitchell College of Law Alumni-Student Mentor (2011 – 2014)
- Tubman Pro Bono Project – Attorney (2012-2013)
- Board Member, Minnesota Defense Lawyers Association, 2021
- Defense Research Institute (DRI)
Representative Cases
& Experience
- Rachel has taken cases to trial before judges and juries, most recently co-chairing the defense of a commercial truck to pedestrian jury trial in 2018 and a personal injury finger amputation case in 2021, both of which resulted in defense verdicts.
- Rachel has successfully defended multiple cases at the Minnesota Court of Appeals including issues related to construction defect, breach of contract, homeowners associations, conversion, and statutes of limitations.
- At the district court level, Rachel has achieved summary judgment for her clients in claims involving premises liability (slip and fall), Minnesota Data Practices Act, intentional torts, negligence, contractual indemnity, choice-of-law, and medical malpractice.
- Rachel has successfully obtained sanctions awards for her clients against opposing parties involved in litigation misconduct in cases involving discovery disputes and violations of the Minnesota Rules of Procedure.
- Rachel has successfully defended to a full defense award multiple cases for PIP/No-Fault Indemnity in Arbitration Forums and for PIP/No-Fault benefits in the AAA.
- Rachel has taken cases to trial before judges and juries, most recently co-chairing the defense of a commercial truck to pedestrian jury trial in 2018, which resulted in a defense verdict.