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MSBA Names Christopher Malone A Certified Civil Trial Specialist

Cousineau, Van Bergen, McNee & Malone congratulates its President, Christopher P. Malone, for his certification as a Certified Civil Trial Specialist by the Minnesota State Bar Association.

With this achievement, Attorney Malone joins an elite group of attorneys (fewer than 3%) in Minnesota who are certified specialists in their field.   When the Minnesota State Bar Association designates an attorney as a “Certified Civil Trial Specialist”, it is confirming that attorney has significant experience, skill, and knowledge in pursuing civil litigation through trial.  The Minnesota State Bar Association designates lawyers as “Certified” only when they have met those standards as well as receiving the endorsement of their peers in the legal profession through references from judges and other lawyers as well as having passed a comprehensive written examination in the substantive and procedural law in their specialty practice area.  In these days of the vanishing civil jury trial, achieving the rank of “Certified Civil Trial Specialist” truly demonstrates Attorney Malone’s expertise, the trust his clients place in his skills, and the excellent results he has obtained in front of civil juries.

Attorney Malone earned his Bachelor of Arts from St. John’s University and is a graduate of William Mitchell College of Law.  He is licensed to practice in Minnesota and Wisconsin and the U.S. District Court, District of Minnesota.  Attorney Malone represents insurance clients and self-insureds in the areas of trucking and transportation liability, general liability, motor vehicle liability, premises liability and product liability.   He has been listed in Minnesota Super Lawyers, Minnesota Rising Stars, Best Lawyers in America, and has been selected as a Top 100 Civil Litigation Attorney by the American Society of Legal Advocates.

Christopher P. Malone can be reached at 952-525-6924 or cmalone@cousineaulaw.com or view his biography at https://cousineaulaw.com/attorneys/malone-christopher-p/

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Shareholder Rachel Beauchamp Selected to Serve on MDLA Board for 2021 and 2022

Cousineau, Van Bergen, McNee & Malone, P.A. is pleased to announce that Shareholder Rachel Beauchamp has been selected to serve on the Board of Directors for the Minnesota Defense Lawyers Association (MDLA).  MDLA is an association dedicated to the ongoing education and support of civil defense lawyers.  Beauchamp has previously presented at multiple MDLA educational seminars and serves as an editor of MN Defense (the MDLA quarterly magazine).  Beauchamp specializes in the areas of commercial trucking and coverage, but handles all types of civil litigation defense in Minnesota and Wisconsin.  To learn more about Beauchamp, please visit her attorney profile.

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CVMM Lawyers Recognized in 2021 Edition of “Best Lawyers in America”

Cousineau, Van Bergen, McNee & Malone is proud to announce that five of our attorneys have been recognized in the 2021 Edition of “The Best Lawyers in America.” Congratulations to Michael C. Lindberg (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants), Christopher P. Malone (Transportation Law), Michael W. McNee (Personal Injury Litigation-Defendants) 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 area and legal practice area.  

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CVMM Attorneys Included on 2020 Minnesota Super Lawyers List

Cousineau, Van Bergen, McNee & Malone is proud to announce that Peter G. Van Bergen, Michael W. McNee, Susan D. Thurmer, Michael C. Lindberg, Meaghan C. Bryan and Tamara L. Novotny have been selected for inclusion on the 2020 Minnesota Super Lawyers list.

Each year Super Lawyers selects attorneys from all firm sizes using a detailed selection process that includes nominations, independent research and peer evaluation by practice area.  The list of Super Lawyers is published in state and regional editions of Super Lawyers Magazines and other regional magazines and newspapers.

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Attorneys Beauchamp and Lindberg have article “Same As It Ever Was: Lambertson Contribution in a Post-Fish v. Ramler World” featured in Minnesota Defense Magazine.

The Spring 2020 issue of Minnesota Defense magazine features an article by Rachel Beauchamp and Peter Lindberg titled “Same As It Ever Was: Lambertson Contribution in a Post-Fish v. Ramler World”.

In the article, Beauchamp and Lindberg discuss the effect a recent decision has on an alleged tortfeasor’s right to recover contribution from an alleged at-fault employer that has paid workers compensation benefits to an injured worker.   Their article discusses the balancing test of equities and outlines how litigators, and insurers, can analyze the effect, if any, of an employer’s alleged fault on exposure for a bodily injury claim with a workers subrogation claim. 

Same-As-It-Ever-Was-Lambertson-Contribution-in-a-Post-Fish-v-Ramler-World-WC-Article-Beauchamp-and-Lindberg-1Download

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Rachel B. Beauchamp Presents at MDLA Winter Conference

On Saturday January 25, 2020, Rachel B. Beauchamp was a presenter, along with other attorneys and industry experts, at the Minnesota Defense Lawyers Association Winter Conference.  Beauchamp’s presentation was titled “Defense Against the Dark Arts: Motion Practice in Commercial Trucking Defense.  Beauchamp’s presentation focused on both the practical and theoretical aspects of motion practice in Commercial Trucking and how it is different from standard two-car motor vehicle accident defense.  Her presentation addressed the most common motions being handled in trucking litigation today, and discussed the strategic benefits that motions can bring to commercial trucking cases.  Beauchamp urged attorneys and insurers not to fear the expense or time of motion practice because it can provide valuable information and strategic benefits.  She recommended the use of judicious motion practice as a substantive legal tool to defend clients’ rights, protect against plaintiff harassment, to change the landscape of large litigation, and explained that good motion practice can change the defense side of commercial trucking from reactive to proactive. 

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CVMM Lawyers Recognized in 2020 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 2020 Edition of “The Best Lawyers in America.”Congratulations to Michael C. Lindberg (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants), Michael W. McNee (Personal Injury Litigation-Defendants) 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 area and legal practice area.

 

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Michael Lindberg Obtains Defense Verdict In Aviation Commercial Dispute

CVMM lawyer Michael Lindberg successfully defended an aircraft renovation business in a four-day jury trial in Dakota County, Minnesota with the assistance of CVMM associate Peter Lindberg .  A wealthy businessman engaged CVMM’s client to renovate a 54-year-old airplane, including installation of a new engine, propeller, cowling, lighting, and cockpit instruments.  During the ten months of work, unknown discrepancies were discovered, discussed with the aircraft owner, and corrected.  Unfortunately, the new propeller was slightly damaged in a test flight, so the CVMM client paid for a repair.  The owner sued, alleging that he had been overcharged; that the aircraft was not airworthy because FAA documentation was incomplete and improper replacement parts were installed; and that the new engine needed to be overhauled because of the propeller damage, which resulted in diminution of the airplane’s value.  The jury rejected all of the plaintiff’s claims, finding no breach of contract, no negligence, and no money damages.

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CVMM Attorneys included on 2019 Minnesota Super Lawyers and Rising Stars Lists!

We are pleased to announce that Peter G. Van Bergen, Michael W. McNee, Susan D. Thurmer and Michael C. Lindberg have been selected for inclusion on the 2019 Minnesota Super Lawyers list. Meaghan C. Bryan and Stephanie M. Maser have been selected for inclusion on the 2019 Minnesota Rising Stars list. Each year Super Lawyers and Rising Stars selects attorneys from all firm sizes using a detailed selection process that includes nominations, independent research and peer evaluation by practice area.  These lists are published in state and regional editions of Super Lawyers Magazines and other regional magazines and newspapers.

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Rachel B. Beauchamp Successfully Defends Attempts to Revise Minnesota’s Property Damage Recovery Standards

Rachel B. Beauchamp obtained summary judgment defining the scope of “loss of use” damages recoverable in a case involving multiple severed telecommunications cables.  Attorneys around the country have brought lawsuits alleging that telecommunications companies are entitled to hundreds of thousands, and sometimes millions, of dollars of damages for “loss of use” during the time it takes to repair damaged or severed cables even if the companies were able to reroute their traffic onto alternative capacity cables and have not issued any refunds to customers, have not lost any revenue, and have lost no profits.   Some jurisdictions have allowed telecommunications companies to recover these “loss of use” damages despite the fact that the amounts claimed were never actually incurred by relying on a series of New York ferry-boat cases that liken telecommunications cables to a “spare boat”.  The issue was one of first impression in Minnesota and the Eighth Circuit as a whole.  Chief United States District Judge John R. Tunheim, applying Minnesota state substantive law, held that no such theoretical damages are recoverable in Minnesota, because Minnesota imposes a duty to mitigate and the companies are able to utilize their space cables to mitigate any actual losses other than repair costs.  In addition, Judge Tunheim confirmed that allowing telecommunications corporations to receive enormous windfalls for damages never actually incurred as a result of the damage to cables would be a violation of public policy.

 

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Tamara L. Novotny Receives Complete Dismissal of Multi-Count Insurance Coverage Cage in Minnesota

Tamara L. Novotny obtained complete dismissal of claims asserted against her client, a commercial trucking insurer, in a January 2019 Order.  The case arose from an accident in which a truck driver suffered multiple fractures when an 1,800-pound hay bale fell off a trailer which was being loaded.  Attorney Novotny initially obtained dismissal of a claim for uninsured motorist benefits brought against her client in the underlying lawsuit, but months later the driver reasserted a claim for no-fault benefits, which had been denied.

In a declaratory judgment action, the driver asserted a counterclaim and sought damages in excess of $1.6 million based on allegations the insurer wrongfully denied no-fault and medical benefits, breached its implied duty of good faith, and violated the consumer fraud act.  The driver also entered into a Miller v. Shugart agreement with the man loading the trailer and, in turn, sought bodily injury liability coverage by claiming a provision in the insurer’s policy was void and unenforceable.  The federal judge rejected the driver’s arguments and ruled in favor of Attorney Novotny’s client when deciding cross-motions for summary judgment.

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Tamara L. Novotny Obtained Summary Judgment in North Dakota Insurance Coverage Case

Tamara L. Novotny received a favorable Order in January 2019 wherein a North Dakota federal judge found her client, a commercial trucking insurer, did not have a duty to defend or indemnify various entities, including the owner of an oil well, in two lawsuits brought by truck drivers who suffered serious burn injuries from a flash fire.  The oil well owner and others argued they were entitled to coverage as additional insureds and/or pursuant to an agreement entered into with the insurer’s named insured.  The court found the drivers’ injuries were related to hydrofracking and the storage and disposal of flowback and, therefore, fell squarely within the insurer’s unambiguous hydrofracking exclusion endorsement.

 

 

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Rachel Beauchamp Named Shareholder

Cousineau, Van Bergen, McNee & Malone, P.A.  is pleased to announce that Rachel Beauchamp has become a Shareholder with the firm.  Beauchamp practices in Minnesota and Wisconsin in the areas of transportation law (including commercial trucking, FELA and admiralty), appellate law, insurance coverage, personal injury defense, premises liability, subrogation, dram shop, construction defect litigation and general liability.  Beauchamp earned her J.D. from William Mitchell College of Law, graduating magna cum laude.  To learn more about Rachel Beauchamp, please visit her attorney profile https://cousineaulaw.com/attorneys/beauchamp-rachel-b/

 

 

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Attorney Beauchamp Assists College Student in Obtaining Citizenship

CVMM congratulates Attorney Rachel Beauchamp on her pro bono service.  In addition to her civil practice, Attorney Beauchamp provides pro bono services to legal refugees navigating the complex process of obtaining United States Citizenship.  Attorney Beauchamp was proud to watch her client, a young former refugee from Burma, and current college student, take her oath of citizenship last week!  CVMM encourages community service through both financial contributions to pro bono organizations and by encouraging its associates and partners to provide direct pro bono services.

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Christopher P. Malone and Rachel B. Beauchamp Deliver Defense Verdict After 4 Day Jury Trial

Shareholder Christopher P. Malone and Sr. Associate Rachel B. Beauchamp were pleased to achieve a defense verdict for their client after a four day jury trial in Hennepin County, MN.  The personal injury trial centered on a semi-tractor and pedestrian accident, including defense of the claimed liability, which involved testimony from an accident reconstructionist and toxicologist.  The trial also involved a claimed traumatic brain injury, and significant orthopedic leg injury requiring multiple surgeries – three separate doctors testified regarding the nature and scope of Plaintiff’s claimed injuries. The parties stipulated to past medical expense damages of $145,0000. Plaintiff asked the jury to award between 3.5 and 4.5 million dollars for Plaintiff’s claimed permanent injuries and lifestyle changes. The jury awarded both a complete defense verdict on liability and, for damages, awarded no future damages and only $50,000 in past pain and suffering. 

Mr. Malone  and Ms. Beauchamp practice in all areas of civil litigation defense and have significant experience in the specialized field of commercial trucking defense.

 

 

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Michael D. Barret Elected to the American Board of Trial Advocates “ABOTA”

CVMM congratulates Michael D. Barrett on his election to the American Board of Trial Advocates.  Membership is by invitation only.  Any trial lawyer who is of high personal character and honorable reputation, and who is a member of the Bar of the State, province, district, territory or country in which he or she practices, and who has at least 10 civil jury trials to jury verdict is eligible to be invited.  Mike has had ­more than 40 jury trials go to verdict.  Judges, legislators, and community leaders believe that ABOTA encompasses what is “best” in the legal profession, and as we continue to strive to educate students and their parents, educators, judges, lawyers, and all civic leaders with respect to the principles of civility, professionalism, and the precious right to trial by jury.

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CVMM Lawyers Recognized in 2019 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 2019 Edition of “The Best Lawyers in America.”

Congratulations to Michael C. Lindberg (Personal Injury Litigation-Defendants and Product Liability Litigation-Defendants), Michael W. McNee (Personal Injury Litigation-Defendants) Susan D. Thurmer (Personal Injury Litigation-Defendants) 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 area and legal practice area.

 

 

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CVMM Attorneys Included on 2018 Minnesota Super Lawyers and Rising Stars lists!

We are pleased to announce that Peter G. Van Bergen, Michael W. McNee, Susan D. Thurmer and Michael C. Lindberg have been selected for inclusion on the 2018 Minnesota Super Lawyers list.

Meaghan C. Bryan and Jessica J. Theisen have been selected for inclusion on the 2018 Minnesota Rising Stars list.

Each year Super Lawyers and Rising Stars selects attorneys from all firm sizes using a detailed selection process that includes nominations, independent research and peer evaluation by practice area.  These lists are published in state and regional editions of Super Lawyers Magazines and other regional magazines and newspapers.

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CVMM Prepares and Serves Summer Meal at Simpson Shelter

On May 17, 2018,  attorneys and staff from Cousineau, Van Bergen, McNee and Malone  prepared and served a meal for guests at the Simpson Shelter in Minneapolis. We had a large grill in the parking lot where 120 hamburgers and brats were grilled!  Along with the burgers and brats, we served toppings for the meats, a vegetable/pasta salad, baked beans, chips, milk and lemonade along with a variety of ice cream treats for dessert.   Bags of trail mix were assembled and provided at the end of the meal.
Attorneys and staff made personal donations of bags of towels, washcloths, blankets, and travel size toiletries to aid the shelter in its services.  Simpson Shelter has shelter space for 22 women and 44 men, and provides stability and shelter in increments of 30 days to help homeless men and women work towards obtaining stable and sustainable affordable housing options.
Additional information about Simpson Shelter, donation needs and/or volunteer opportunities can be found on their website  www.simpsonhousing.org.
            
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Christopher P. Malone Selected ‘Top 100 Civil Defense Litigator’

Congratulations to Christopher P. Malone, who has been selected among American’s Top 100 Civil Defense Litigators for 2018.  Selection to America’s Top 100 Civil Defense Litigators is by invitation only and is reserved to identify the most exceptional Civil Defense Litigators throughout the nation.  Candidates are carefully screened and selected based on the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation and community impact.   Less that one-half percent (0.5%) of active attorneys in the United States receive this honor.  To learn more about Christopher P. Malone and his practice, please visit his attorney profile https://cousineaulaw.com/attorneys/malone-christopher-p/