Spring is in the air, and with it, our desire to keep you informed on the work we’re involved in every day on behalf of our clients. We have been busy creating timely blogs and videos on topics we think you will find interesting. We also want to keep you up to date on new additions to the firm, and sadly, the passing of one of our beloved attorneys, Larry Rocheford.
We would really like to hear from you – feel free to review our newsletter below and let us know of topics you would like us to discuss in the Summer edition.
Enjoy this season of growth, gardening, and new beginnings!
The Attorneys at Lommen Abdo Law Firm
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Reducing Your Client's Medical Expense Exposure
If a plaintiff can establish that a defendant negligently caused personal injuries, the plaintiff is allowed to recover reasonable medical expenses. But what are reasonable medical expenses? This article will explore that question and offer strategies on how to make sure that defendants only pay reasonable, and not artificially inflated, amounts. Read the article by John Crawford, Brent Tunis and Beth Chapman which appeared in DRI's For the Defense magazine.
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Recent Decision Reaffirms Coverage Follows the Vehicle – Not the Person
A recent decision from the District of Minnesota reaffirmed that under Minnesota law third-party liability insurance coverage follows the vehicle, not the person. Therefore, insurance policies may contain provisions that do not extend coverage to certain vehicles, such as vehicles that the insured does not own, but regularly uses. Read the article about the case which appeared in the Minnesota State Bar Association's Fastcase.
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Tales from the Trenches From the Defense Perspective
The coronavirus pandemic has undoubtedly presented challenges to the way we operate in both our personal and professional lives. In the legal setting, perhaps the most challenging is how we conduct jury trials during this time. With that in mind, what issues should you and your clients consider as courts begin to re-open and cases are tried amid a pandemic? Read the article by Lauren Nuffort which appeared in the January 2021 newsletter of Minnesota Lawyers Mutual, "The View."
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Is a Revocable Trust Right for You?
Many clients come to the estate planning process having heard about revocable trusts, and have questions about whether a trust is right for them. This article explains how a trust helps to avoid probate, and may help you decide if a trust is right for you. Read the article by Cameron Kelly which appeared in the March 2021 Hudson Neighbors.
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Beware the Unintended Consequences of COVID-19 Legislation
Recently I represented a client seeking to uphold a default divorce judgment she obtained after her ex-husband failed to respond to the summons and petition in Minnesota. Both parties completed extensive briefing on the ex-husband’s motion to vacate the judgment, but at the motion hearing the presiding judge dropped a sua sponte bombshell on us. Read the article by Josh Feneis which appeared in "The View," the newsletter of Minnesota Lawyers Mutual.
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Legal Malpractice: What's in a Name?
The Minnesota Court of Appeals recently clarified that an attorney-misconduct claim couched as a breach of fiduciary duty claim is still a claim for attorney malpractice and subject to the expert affidavit requirements of Minnesota Statutes § 544.42. In short, a legal malpractice claim is a legal malpractice claim, even if brought by another name. Read the article by Michelle Kuhl and Lauren Nuffort.
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The Federal Estate Tax – What to Expect With a Biden Presidency
A frequent concern for estate planning clients is how to avoid owing estate taxes at their death. Because the estate tax has become a political issue, some of these clients are also concerned about how the Biden presidency might impact the estate tax. The following is a basic explanation of the federal estate tax and some thoughts on what to expect over the next few years. Read the article by Cameron Kelly.
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Appellate Arguments by Zoom
Nearly every attorney has now been affected in some way by the challenges brought on by COVID-19. Appellate attorneys have largely been lucky compared to their trial-level colleagues because most appellate work is uniquely well-suited for a remote environment. Read the article by Michelle Kuhl which appeared in "The View," the newsletter of Minnesota Lawyers Mutual.
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What Wisconsin Businesses Should Know About COVID Waivers
How Wisconsin courts and juries will approach lawsuits over exposure to COVID-19 is currently unknown. What does seem certain is that these lawsuits will occur. Read the article by Brent Tunis which appeared in the September 2020 Hudson Neighbors.
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Professional Liability Defense
Lauren Nuffort describes the most rewarding aspect in her practice as a professional liability defense attorney in this featured video. "The most rewarding part of defending claims that are brought against these professionals is knowing how passionate each professional is about what they do for their career day in and day out." View her bio.
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The Passing of One of Our Own
With great sadness, we announce the unexpected passing of one of our own, Larry Rocheford. Please keep Larry’s family in your thoughts and prayers. Read more about Larry's passing, his legal career and tributes from colleagues, friends and family.
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Jim Krause Joins Our Litigation Team
Jim Krause has joined Lommen Abdo’s litigation practice focusing on professional liability, attorney discipline, insurance defense, insurance coverage and commercial litigation. “I am thrilled to begin my practice with Lommen Abdo’s litigation group. Throughout law school, I gained insight into the world of civil litigation through unique work at Minnesota Lawyers Mutual and the Olmsted County attorney’s office." More.
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Best Lawyers Unmasked
Lommen Abdo is proud to have increased the number of its lawyers included in the latest edition of The Best Lawyers in America – especially in the midst of a pandemic. One additional Lommen Abdo attorney has been included in the 2021 edition of Best Lawyers: One to Watch. Inclusion in the Best Lawyers in America is especially noteworthy because that inclusion is based in large part upon client input, not just a popularity contest among lawyers. More.
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Be Open to Opportunities You Never Imagined – Even in Retirement
At the end of 2020, and after 32 years at Lommen Abdo, I retired from the practice of law! I will remain as “of counsel” to help where needed, primarily in bankruptcy litigation. My life has been an amazing journey from the grade school girl who dreamed of being a lawyer! My love for the challenges of crafting the best legal arguments for my clients has never faded. I have been blessed to work with an amazing group of people at Lommen Abdo. More.
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Review by Extraordinary Writ in Civil Cases
Kay Nord Hunt and Michelle Kuhl co-authored Chapter 20 of the 2020 Eighth Circuit Appellate Practice Deskbook, "Review by Extraordinary Writ in Civil Cases."
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Reducing Exposure to Insurers and Insureds
John Crawford presented a webinar to claims professionals at a major insurance company on February 10, 2021, "Litigation Strategies for Reducing Exposure to Insurers and Insureds." More.
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Let us know if you have questions, if we may be of assistance in any way or if you have suggestions for future newsletters.
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800.752.4297 / lommen.com
MINNESOTA / WISCONSIN
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