Does any injury arise out of employment in Minnesota simply because an employee has pain at work? The answer is – it depends. Minnesota Workers’ Compensation law recognizes that employers take their employees as they get them. This means, employers must recognize that not every employee arrives in perfect physical condition with no prior injuries […]
Long Time Coming: Minnesota Adopts Changes to its LLC Laws
The State of Minnesota has finally made the change from a limited liability company act grounded on corporate law to a default system based on partnership law. The seeds of this advancement, which went into effect on August 1, 2015, were planted seven long years ago. In mid-2008, members of the Minnesota State Bar Association’s […]
If a party fails to file their case within one year, do they have any recourse?
In Minnesota a lawsuit can be commenced by notifying the defendant. No immediate court filing is necessary. In Gams, the Minnesota Court of Appeals faced the question of whether the recent rule requiring the filing of a civil action within one year of commencement is absolute. Beginning July 1, 2014, the Minnesota Supreme Court, through […]
What is an “exceptional circumstance?”
How does an insurer know when to challenge an award of attorney fees in a Minnesota workers’ compensation action? The answer would usually involve looking to the appropriate statute, as workers’ compensation is a creature of the legislature. In the case of fees, however, it is often court interpretation of the statute that provides guidance. […]
Minnesota Supreme Court Restricts Challenges to Contingent Attorney Fees
The Minnesota Supreme Court recently addressed a challenge to the reasonableness of contingent attorney fees that were awarded within the statutory cap in David v. Bartel Enterprises (Nitro Green), No. A13-2141 (Minn. Nov. 26, 2014). Since 1999, the Court has allowed contingent attorney fees in excess of the statutory cap by their decision in Irwin […]