Latest News

The Minnesota Supreme Court Rules Miller-Shugart Agreements Need Not Necessarily Allocate Between Covered and Uncovered Claims

In King’s Cove Marina, LLV v. United Fire & Cas. Co., A19-0078 (Minn. April 14, 2021), the Minnesota Supreme Court rules on the “your work” exclusion in a standard CGL policy as well as set forth the rule on Miller-Shugart settlement allocations. In the underlying liability case, Lambert Construction entered into a Miller-Shugart settlement agreement… Read more »

Firm Wins Minnesota Supreme Court Decision in Improvement to Real Property Case

Bob Kuderer, with the assistance of Tom Brock and Madeline Davis, successfully argued the 2-year statute of limitations in Minn. Stat. § 541.051, subd. 1(a) (2016) applies to claims arising from the replacement of a broken, asbestos-insulated boiler.  On February 3, 2021, the Minnesota Supreme Court affirmed the lower courts’ decision in applying the statute… Read more »

Summary Judgment Granted in Open and Obvious Hazard Case

Greg Kuderer, with the assistance of Tom Brock and Madeline Davis, represented a private property owner in a premises liability “slip and fall” case.  The plaintiff, hired occasionally by defendant as a day laborer, claimed defendant was liable for injuries and damages after plaintiff fell from defendant’s roof.  Plaintiff alleged defendant had duties to warn… Read more »

The Minnesota Supreme Court Overturns Common Law Prohibition Against Champertous Agreements

In Maslowski v. Prospect Funding Partners, et. al, A18-1906 (Minn. June 3, 2020), the Minnesota Supreme Court abolished the common law prohibition against champerty.  This landmark decision arose from a 2012 automobile accident, involving Pamela Maslowski.  Maslowski sought financing from Prospect Funding Partners, LLC.  Prospect advanced Maslowski $6,000 in exchange for a portion of her… Read more »

Minnesota Comparative Fault Act Does Not Reduce Damages Owed by Third-Party Defendant Where Jury Find Plaintiff’s Employer Also Shares a Percentage of Fault

In Fish v. Ramler Trucking Inc., 2019 WL 272865 (Minn. Ct. App. Jan. 22, 2019), the Minnesota Court of Appeals determined that Minnesota’s comparative fault statute does not apply to reduce the amount of a judgment entered against a third-party tortfeasor based on the percentage of fault allocated to an employer immune from tort liability… Read more »

Congratulations to Tom Brock

The Erickson Law Firm is pleased to announce that Tom Brock has joined us as a Shareholder effective today, January 3, 2019. Tom has done an exceptional job for the firm and our clients since the day he arrived as a law clerk back in 2013.  We look forward to practicing with him for many… Read more »

Is Broad Indemnity Dead in Minnesota? When “Any and All” Doesn’t Mean Any and All: Idemnity Clause Does Not Apply to Own Negligence Unless Expressly Stated.

The Minnesota Supreme Court recently struck down language purporting to apply to the indemnitee’s because the indemnity clause did not state so expressly. Put another way, broad, indemnity clauses – e.g. “from and against any and all liabilities” – does not require the indemnifying party to indemnify against claims for the other party’s own negligence…. Read more »