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Insurance Coverage: Eighth Circuit Finds No Duty To Defend Trademark Infringement Claim Under Advertising Injury Coverage In CGL Policy Under Minnesota Law.

The United States Court of Appeals for the Eighth Circuit recently weighed in on an important insurance coverage issue surrounding commercial general liability (CGL) policies and intellectual property claims in Minnesota.  In Selective Insurance Co. of Am. v. Smart Candle, LLC, — F.3d — (8th Cir. 2015), the Court held an insurer has no duty… Read more »

FDCPA Update: Eighth Circuit Holds Collection Agency’s FCRA “Disputed Debt” Compliance Is Not Debt Collection Activity Under To The FDCPA.

In McIvor v. Credit Control Services, Inc., — F.3d —, No. 14-1164 (8th Cir. Dec. 14, 2014), plaintiff alleged Credit Control Services violated the Fair Debt Collection Practices Act, 15 U.S.C. § 1692e(8), by failing to communicate that a debt was “disputed.”  Plaintiff alleged that she disputed a $242 debt to Credit Control by making… Read more »

Lookin’ For Some Hot Stuff: Eighth Circuit Reverses A Million Dollar Coverage Award To Hot Stuff Foods. Phrase “May Likely Result” Does Not Create Ambiguity.

The Eighth Circuit Court of Appeals recently reversed a jury verdict of over $1,000,000 in a food product recall and insurance coverage case based on meaning of “may likely result” in a food product contamination policy.  The case, Hot Stuff Foods, LLC v. Houston Cas. Co., — F.3d —, No. 14-1192, (8th Cir. Nov. 17,… Read more »

Minnesota Court of Appeals: “Just plead negligent maintenance!” Recent decision could take teeth out of statute of repose for improvements to real property.

The Minnesota Court of Appeals recently held that the ten-year statute of repose for improvements to real property does not bar common law premises liability claims if the claimant alleges negligent maintenance rather than negligent construction.  In Monson v. Suck, 855 N.W.2d 323 (Minn. Ct. App. 2014), the plaintiff fell off the top of a… Read more »

In Memoriam: Elton A. Kuderer (6/21/1929 – 11/20/2014)

We mourn the loss of our beloved friend, father, law partner, and colleague, Elton Kuderer.   Mr. Kuderer’s esteemed active legal career spanned more than 40 years, all at Erickson, Zierke, Kuderer & Madsen.  His core practice was civil litigation in Minnesota State and Federal Courts, but was also admitted to practice, pro hac vice,… Read more »