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MINNESOTA COURT OF APPEALS HOLDS MINNESOTA STATUTES SECTION 60A.41 PROHIBITS CLAIMS AGAINST A THIRD-PARTY RENTER WHEN THAT INDIVIDUAL FALLS WITHIN THE POLICY DEFINITION OF AN “INSURED”.

Depositors Insurance v. Dollansky – CoA Decision Minnesota Court of Appeals 12/11/2017 In the recent Minnesota Court of Appeals of decision Depositors Insurance Company v .Dollansky, the Court held that Minnesota Statutes Section 60A.41 prohibiting insurance companies from subrogating against their own insured prohibits insurance companies from subrogating against a third-party renter that is defined as an “insured” by the terms of the policy, even if the renter is not a “named insured” on the policy. Craig and Julie Dollansky rented a motorhome from Karavan Trailers. Pursuant to the rental agreement, Dollansky was required to provide insurance for Vehicle Liability,  … Read more

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RACHEL B. BEAUCHAMP HAS ARTICLE “62Q AND YOU” FEATURED IN MINNESOTA BENCH AND BAR

The December 2017 issue of Bench & Bar Minnesota magazine features an article by Rachel B. Beauchamp titled “62Q and You; An Esoteric Procedural Love Story”. In the article, Beauchamp discusses a long-standing Minnesota statute which has suddenly gained new life with the Minnesota Court of Appeals Decision, W. Nat’l Ins. Co. v. Nguyen, No. A17-0314, 2017 WL 4105224 (Minn. Ct. App. 9/18/2017) petition for cert filed, 10/16/2017.  With the  new decision, a long-argued but seldom applied legal procedure gives no-fault insurers a complete legal defense to no-fault arbitration claims in (very limited) specific circumstances. The December 2017 article can be found by clicking the download  … Read more

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Michael W. McNee Elected to The American Board of Trial Advocates “ABOTA”

CVMM congratulates Shareholder Michael W. McNee 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 30 jury trials go to verdict.  Judges, legislators, and community leaders believe that ABOTA encompasses what is “best” in the legal profession, and  … Read more

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Attorney Fleming’s Fair Campaign Practices Act Claim Generates Media Buzz

Attorney Fleming’s summer victory on behalf of her client’s Fair Campaign Practices Act claim has been generating some media “buzz” as we swing into election season!  Read more about it: http://www.startribune.com/panel-rules-that-orono-mayor-used-illegal-campaign-material/450101433 Retracing OronoWatch4U in the 2016 election | Local | swnewsmedia.com

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CVMM Prepares and Serves Meal at Simpson Shelter

On September 29, 2017, Cousineau, Van Bergen, McNee and Malone was pleased to give back to our community.  Attorneys and staff prepared and served a meal for 110 guests at the Simpson Shelter in Minneapolis. The menu included open faced turkey and roast beef sandwiches served with mashed potatoes and gravy, peas, coleslaw and apple crisp with ice cream for dessert. Attorneys and staff also 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  … Read more

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Michael Barrett and David Wikoff Deliver Defense Verdict After 7 Day Jury Trial

Attorneys Michael Barrett and David Wikoff, working with the client’s corporate counsel, successfully obtained a defense verdict for their client following a seven day trial in Hennepin County.  Their client was a subcontractor involved in a construction dispute with a general contractor involving two building projects.  The general contractor sought damages for repairs and delays it claimed resulted from the subcontractor’s workmanship on the projects. The subcontractor also prevailed in its counterclaim for damages against the general contractor. Attorneys Michael Barrett and David Wikoff practice in all areas of civil defense litigation, including construction law.

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Attorney Fleming Prevails on Fair Campaign Practices Act Claim

Attorney Kimberly Fleming successfully represented a former Minnesota mayor who brought a Fair Campaign Practices Act violation petition to the Office of Administrative Hearings related to the November 2016 election.  Ms. Fleming prevailed on the matter before the 3-panel court which found for her client, held there was a violation, and issued a penalty against the party charged.

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Attorneys Lindberg and Lindberg Achieve Complete Defense Victory on First Day of Trial Plus An Award of Trial Preparation Attorney Fees and Costs

CVMM lawyers Michael Lindberg and Peter Lindberg defended an international automobile auction company in a breach-of-contract lawsuit.  On the first day of trial in Minnesota state court in May 2017, they requested the dismissal of the plaintiff’s case because of his inability to prove liability or damages.  The judge, who had previously denied a motion for summary judgment, agreed, and not only dismissed the case with prejudice, but, in an extremely rare ruling, awarded the CVMM client its attorneys’ fees and expenses for trial preparation in a judgment against the plaintiff.

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Minnesota Supreme Court Finds That The “Proceeds Awarded” In A First-Party Claim For Benefits As Described By Minnesota’s Bad Faith Statute Are Unambiguously Capped By The Insurance Policy.

Wilbur v. State Farm Mutual Automobile Insurance Company Minnesota Supreme Court 4/5/2017 The Minnesota Supreme Court’s decision in Wilbur v. State Farm Mutual Automobile Insurance Company addressed a question of first impression regarding the imposition of damages against an insurance company for a bad faith denial of a first-party underinsured motorist (UIM) claim.  Minnesota Statutes Section 604.18 authorizes an award of “taxable costs” against an insurer who has denied a claim for insurance benefits without a reasonable basis; those costs are calculated based upon the amount of the “proceeds awarded” to a claimant following successful claims for breach of contract  … Read more

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Michael C. Lindberg Joins Cousineau, Van Bergen, McNee & Malone, P.A.

CVMM is pleased to welcome Michael C. Lindberg to the firm as an of counsel attorney!  Attorney Lindberg is a graduate of Carleton College and the University of Minnesota Law School.  Over the past forty years he has tried numerous cases in both state and federal court defending products liability claims, aviation claims, and agricultural claims arising out of chemical drift. Lindberg was among the first lawyers in Minnesota to be certified a Civil Trial Specialist, a group of less than one percent of Minnesota attorneys.  Lindberg is AV rated by Martindale-Hubbell, is listed in The Best Lawyers in America, and for several  … Read more

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Rachel Beauchamp to co-chair MDLA Insurance Law Committee

CVMM congratulates Attorney Rachel B. Beauchamp on her new position as co-chair of the Minnesota Defense Lawyers Association (MDLA) Insurance Law Committee.  The MDLA Insurance Law Committee prepares, hosts, and presents, educational meetings and seminars regarding insurance coverage issues of particular interest to insurance defense attorneys.

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Peter M. Lindberg joins Cousineau, Van Bergen, McNee, & Malone, P.A.

CVMM is pleased to welcome Peter M. Lindberg to the firm as an associate attorney!  Attorney Lindberg is a graduate of St. Olaf College and William Mitchell College of Law; prior to law school he worked for the U.S. Department of Veterans Affairs.   Prior to joining CVMM, Attorney Lindberg practiced law at a small insurance defense law firm in the Minneapolis-St. Paul metropolitan area.  Lindberg’s practice focuses on motor vehicle accident litigation as well as premises liability, commercial trucking, dramshop, and aviation litigation.

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Christopher P. Malone Selected as one of the Top 100 Litigation Lawyers in the State of MN for 2017 by the American Society of Legal Advocates (ASLA).

CVMM congratulates Shareholder Christopher P. Malone on his selection as one of the Top 100 Litigation Lawyers in the State of MN for 2017 by the American Society of Legal Advocates (ASLA). Attorney Malone received this award from ASLA whose one central purpose is to identify and promote only the most outstanding legal talent throughout the country.  ASLA identifies itself as an invitation-only legal organization to lawyers who combine stellar legal credentials with proven commitment to community engagement, leadership, and the highest professional standards.  The Top 100 accounts for less than 1.5% of lawyers nationally.

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Christopher P. Malone Delivers Defense Verdict After 3 Day Jury Trial.

Shareholder Christopher P. Malone was pleased to help his client achieve a defense verdict after a three day jury trial in Redwood County, MN.  The personal injury and property damage trial centered on the liability for a pick-up truck and semi-tractor accident.  Mr. Malone’s defense included his expert’s use of a computer simulation which allowed the jury to visualize the accident reconstruction evidence in real-time.  Mr. Malone practices in all areas of civil litigation defense and has significant experience in the specialized field of commercial trucking defense.

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Meaghan C. Bryan to Present to New Lawyers at the MDLA Mid-Winter Conference.

Meaghan Bryan will present a seminar to new lawyers at the Minnesota Defense Lawyers Association (MDLA) Mid-Winter Conference in Walker, MN on February 10, 2017.  The presentation, titled Trials & Trepidation: Making the Transition from Associate to Shareholder in an Ever-Changing Legal Profession, will look at law firms of the past, present, and future, and discuss the unique challenges faced by new attorneys in law firms today, including the “vanishing trial” phenomenon, along with some tips and words of wisdom for those attempting to navigate the partnership track.

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Rachel B. Beauchamp Hones Her Trial Skills with MDLA Trial Technique Seminar.

In these days of waning numbers of jury trials, CVMM encourages its attorneys to keep their trial skills sharp through interactive trial seminars.  Attorney Beauchamp spent three days attending the MDLA Trial Techniques Seminar where she engaged in all aspects of a jury trial (voir dire, openings, direct and cross examination of fact witnesses, direct and cross examination of expert medical and reconstruction witnesses, and closing) and received feedback and updated litigation strategies from experienced local litigators.

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Cousineau, Van Bergen, McNee & Malone, P.A. begins operating!

The attorneys from the Civil Litigation practice group at Cousineau McGuire Chartered are pleased to announce that they are now operating as Cousineau, Van Bergen, McNee & Malone, P.A. We look forward to this new beginning and are excited to continue providing our clients with the quality, dedicated, and effective representation and advocacy for which our attorneys are known.

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Peter G. Van Bergen contributes to publication providing comprehensive overview of Minnesota personal injury law, LexisNexis Practice Guide: Minn. Personal Injury, § (Matthew Bender, Rev. Ed. ).

The distinguished litigation and trial experience of Peter G. Van Bergen was recognized by LexisNexis which asked him to serve as an Editorial Consultant to its new publication, LexisNexis Practice Guide: Minn. Personal Injury, § (Matthew Bender, Rev. Ed. ). The book provides a comprehensive overview of many of the Practice Areas in which the attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. practice. Van Bergen’s knowledge and understanding of personal injury law in Minnesota is incorporated throughout the book’s chapters, which cover such topics as: initial handling of a case, intentional torts, negligence, motor vehicle negligence, premises and  … Read more

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Rachel Beauchamp has article, “Amended Rule 5.04, What is it Good For?” featured in Fall 2016 issue of the Minnesota Defense magazine.

The Fall 2016 issue of the Minnesota Defense magazine features an article by Rachel Beauchamp titled “Amended Rule 5.04, What is it Good For?” In the article, Beauchamp discusses the 2013 revisions to the Minnesota Rules of Civil Procedure regarding the timeframe to file a “pocket-served” lawsuit and the first Minnesota Supreme Court cases interpreting the new Rule. Specifically, Beauchamp addresses the hopes and goals of the rule, its application since enactment, and its new interpretations as a result of the Supreme Court’s interpretation. Beauchamp ends the article with practical strategies for defense attorneys to utilize the Rule now that there is additional guidance  … Read more

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The Minnesota Supreme Court issues second of two cases addressing interpretation and finality of Rule of Civil Procedure 5.04

Cole v. Wutzke Minnesota Supreme Court 8/31/16 Cole v. Wutzke, published the same day as Gams v. Houghton (summarized here) relies upon and expands the discussion in Gams, but additionally specifically addresses whether an attorney’s mistake in failing to file within one year can constitute “excusable neglect”.  Cole, 2016 WL 4536505, at *1.  The Minnesota Supreme Court found that an attorney’s ignorance of the application of Rule 5.04 does not doom a Rule 60.02(a) analysis and reiterated that whether specific conduct constitutes “excusable neglect” is a fact-specific enquiry requiring complete analysis of the four Finden factors. Like Gams, Cole was  … Read more