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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 »
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 affirmed the Minnesota Court of Appeals decision in Peterson v. Western National Mutual Insurance, A18-1081 (Minn. July 29, 2020), holding that an insured may succeed on a bad-faith claim against the insurer when the insured proves two prongs: first, that after conducting a full investigation and fairly evaluating the evidence, a… Read more »
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 »
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 »
The Minnesota Supreme Court, in Soderberg v. Anderson, 922 N.W.2d 200 (Minn. 2019) and in Henson v. Uptown Drink, LLC, 922 N.W.2d 185 (Minn. 2019), declined to abolish the doctrine of implied primary assumption in its entirety, but declined to apply it to claims of negligence arising out of a snowboarding accident and a fatal… Read more »
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 »
The rules of evidence allow out-of-court statements made by either party or agents of either party to be admissible in court. In a recent Minnesota Court of Appeals case, Western National Mutual Ins. Co. v. Prospect Foundry, 2018 WL 1787687 (Minn. Ct. App. April 16, 2018), an insurance broker was found to be acting as… Read more »
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 »
Minnesota Supreme Court determines what is “machines” under statute of limitations for improvements to Real Property and sets rule regarding manufacturer’s post-sale Duty to Warn. The Minnesota Supreme Court recently applied the exception in Minn. Stat. § 541.051 (1)(e) for “machinery installed upon real property,” and established the rule for a product manufacturer’s post-sale duty… Read more »
