Posts Categorized: blog

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 »

Greg Kuderer Posts Trial Victory in Truck/Bike Accident.

Greg represented the driver of an automobile in a bicycle-versus-truck accident in Dawson, Minnesota.  The plaintiffs claimed the driver negligently failed to keep proper look out and control of his motor vehicle.  At trial, Greg successfully proved the eight-year old bicyclist failed to exercise the reasonable care expected of children that age, and violated both… Read more »

No FCRA Claim for Fraudulent Straw Buyer

In Addie v. JP Morgan Chase Bank, N.A., CIV. 12-281 PAM/TNL, 2013 WL 1760446 (D. Minn. Apr. 24, 2013), a Minnesota federal court held that a straw buyer who fraudulently received a loan could not maintain a Fair Credit Reporting Act (FCRA) action against a lender who conducted a per se reasonable investigation as required… Read more »