Latest News

Fidelity Bond Pays Third-Party Verdict In Fee-Advance Scam.

A Minnesota federal court recently ruled a fidelity bond responsible to pay damages to a third-party where an employee used the principal bank to complete a fraudulent transfer.  In Avon State Bank v. BancInsure, Inc., CIV. 12-2557 RHK/LIB (D. Minn. Jan. 10, 2014) (case pending appeal to the Eight Circuit), Avon State Bank made a… Read more »

Bob Kuderer Wins Summary Judgment Victory in Trespass and Nuisance Case.

Bob represented the owners of a golf course in a surface water and subsurface water intrusion case.  The plaintiff homeowner claimed the golf course adjacent to her property caused surface and subsurface water to flow onto her property, flooding her lawn and basement.  Plaintiff alleged negligence, nuisance and trespass against the golf course. The district… Read more »

Eighth Circuit Holds Multiple Wrongful Acts To Multiple Plaintiffs Are One “Claim” Under Professional Liability Policy

The Eighth Circuit Court of Appeals, applying Minnesota law, recently held multiple wrongful acts to several plaintiffs were subject to single claim limit of a professional liability policy.  In Kilcher v.  Continental Casualty Company, — F.3d –, 13-1986, 2014 WL 1317296 (8th Cir. Apr. 3, 2014), Continental Casualty appealed the trial court’s grant of summary… Read more »

Eight Circuit: No-Fault Advertising Restrictions On Chiropractor “Referral” Services Are Constitutional.

The Eight Circuit Court of Appeals recently upheld amendments to Minnesota’s No Fault Act that limited advertisements of healthcare referral services.  In 1-800-411-Pain Referral Serv., LLC v. Otto, 13-1167, 2014 WL 904190 (8th Cir. Mar. 10, 2014), plaintiffs, 1-800-411-Pain (“411-Pain) and several chiropractors, sought a preliminary injunction against the Minnesota Board of Chiropractors (the “Board”)… Read more »

“Family-Auto Exclusion” Bars UM Coverage Where Plaintiff Was A Resident Relative Of The Uninsured Tortfeasor And Policyholder.

A Minnesota federal court recently applied a family-auto exclusion to bar a resident relative of the policyholder’s claim for uninsured motorist coverage. In Martinez v. State Farm Fire & Cas. Co., CIV. 13-2042 DWF/JJK, 2014 WL 859232 (D. Minn. Mar. 5, 2014), plaintiff, a minor child, sustained injuries when her mother negligently collided with another… Read more »

Matt Johnson Presents One-Hour Webinar on Joint & Several Liability

On January 28, 2014, Matt Johnson from the Erickson Law Firm presented a one-hour webinar for Minnesota CLE entitled “Personal Injury Series: Joint & Several Liability Update” along with Attorney Michael Unger from the Unger Law Office.  The seminar focused on both of the evolution of Joint & Several Liability in Minnesota, as codified in… Read more »

Matt Johnson Successfully Defends Liquor Store Charged With Illegal Sale.

Matt Johnson recently defended a suburban liquor store accused of selling beer to an obviously intoxicated customer.  The customer had walked to the store with her dog.   Store personnel  detected no  alcohol, and the woman explained her limp was due to back pain.  After purchasing a 12-pack of beer, the customer fell inside the store… Read more »