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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 »

Conservatorship Law Update: In Forma Pauperis Status Alone Requires Court To Determine Indigent Status For Attorney Fees.

In the recent case of In Re: Conservatorship of Catherine Chapman, A13-2290 (Minn. App. Oct. 14, 2014) (unpublished), the Minnesota Court of Appeals reaffirmed the broad discretion of district courts to determine the necessity and amount of attorney fees in contested conservatorships, but remanded on issue of the protected person’s eligibility for indigent-status payment by… Read more »

No-Fault Update: Public Buses Are “Motor Vehicles” Under The No-Fault Act And Are Required To Provide No-Fault Benefits To Uninsured Injured Passengers.

In State Farm Mut. Auto. Ins. Co. v. Metropolitan Council, Minnesota Court of Appeals held that buses operated by the Metropolitan Council are “motor vehicles” for purposes of the Minnesota No-Fault Act. A13-2176, — N.W.2d —, (Minn. App. Sept. 22, 2014).  As a result, public bus company must provide no-fault benefits to bus passengers who… Read more »

Clearing The Murky Waters Of Equitable Contribution: Insured Can’t Recover Unpaid Defense Costs From Its Insurers On Equitable Contribution Grounds.

A Minnesota federal court recently held the insured’s equitable contribution obligation to a co-insurer cannot be reduced by unpaid defense costs of the insurer, even where any contribution amount would have to be repaid by the insured.  In Continental Casualty Co. v. National Union Fire Ins. Co. of Pittsburg, PA, Civil No. 09-287 (JRT/JJG) (D…. Read more »